Star. — London, England, 1811-03-14 00:00:00

PP"' - PARLI/IM.EArI'ARr PROCEEDINGS. HOUSE OF LORDS, MARCH is. The Cor....nittee to whom it was refavred to devise some better !flotilla expediting the business 4441,44 continued sitting for some time; after which the Lord 'Chancellor appeared on the Woo Hack about half past four. Colonel Ds fir 'stye TM" presenteedibe 14th Report of the Corn. missioners of Military Inquiry. Mr. Maui, from the India Board, presented Papers relative to the affairs of India, pursuant to an order of the . House of the 14th dune last. These documents were ordered to lie on the table. A message from the Commons brought up the Mutiny Bill, Shish wp read a first time. r ' c ' itisoLvENT DEBTORS. The reuse having resolved itself into a Committee on'tbapermanent Bill respecting Insolvent Debtors,. The Earl of -STANHOPE rose to express his dis satitratten with the provisions of the Bill, the prin ciple of which he was, notwithstanding, anxious to supperteqo many of the different clauses of the Bill he had streng objections. To the first clause in the Bill, that which went to the appointment of only one person to preside in the proposed Court, he must par ticularly object. He should prefer the suggestion offered on a former occasion by a Noble and Learned Lord, that three or four persons should be appoint ed'instead of one ; simply for this reason, that where three or four presided, justice was more impartially and properly administered than where onl y one pre sided, Besides, it was well known that the time and attention of the Lord Chancellor were otherwise so much engrossed that he could not, indeed it was impossible for him to give the time and attention 1 it required to the transaction of the bankrupt bu siness. He shoal.' therefore imagine that if three or more fit persons were appointed. to the Court, proposed by this Bill, the business of the bankrupts' raght be safely transferred to that Ccurt, and thus ' relieve the Lord Chancellor from that weight of mul tiplied business by which it was evident that the No ble and Learned Lord must be incumbered. He had also to object to the clause which proposed an oath,. in the first instance, to be taken by the Deb tor, instead of allowing him to give in a statement of his effects, which he might afterwards be called upon to confirm by oath. To take the oath in the first instance, when recollection might not serve him to state minutely and accurately the exact number of his'Creditors, the sums which were respectively due to them, &c. together with a detailed and correct account of his own estate and effects, would have the effect of making him e liable to perjury, or at least to the suspicion of perjury. - The form of the oath was besides, too long, and might be wholly unintelligible to that class of persons, poor Debtors, by whom it was to be taken. Here, moreover, was an unneces ' sary addition to the many oaths, Excise oaths, Cus tomhouse oedee &c. which but too much fernilia rised people with that sacred and awful declaration, on which was Icemen to depend the fife, the pro perty, aiid ale chAracter of individuals. A schedule delivered in hy the Debtor of his effects appeared to him to be the mere simple and effectual mode, the correctness of which schedule he might be afterwards called upon to coutlrm on oath. The Noble Earl also objected to the clause which obliged the Debtor to himself in goal three months before he could avail !limsell of the provisions of the Bill. He thought it better to allow him immediately to give notice of the state of his affairs, as, in that case, the Cre ditor would have the full advantage of a three months' notice, while the Debtor would not be un necessarily detained beyond that period, These sug gestions he took the liberty of throwing out as ex pressive of his own opinion, though he would not take the sense of the Haute on the amendmentswhich he intended to propose. The Noble Earl concluded with moving his first amendment, that 46 three, in stead of one fit person," be appointed to preside in the proposed Court. Lord REDISDALE was not very- tenacious of the provisions of the Bill, as they now .stood, so as the suggested Amendments did not trench en the principle, or depart from the precedent on which the Bill was framed and founded. He could see no necessity, at least no immediate necessity, for the appointment of three, instead of one fit person to ' 'preside in the Court. If one person should be found competent to the task it imposed, why appoint three br four, especially at a time when economy was so necessary, and so frequently inculcated ; for it could not be expected that a person, qualified for the dis charge of such important functions, should bestow his time and labour on the discharge of such functions, • without an adequate remuneration ? That remune tation must be extended to three instead of one. if three instead of one were to be employed; and thus the berthen on the public would be unnecessarily 'doubled. As to the objection of proposing an oath In the first instance, he could see ' no foundation for it; In framing - the present Bill, he had constantly in his eye the provisions of former insolvent Acts, in ell of which a similar oath was prescribed. ' Indeed, Without some guard and sanction of that nature, lie was at a loss to see how too wide a door might not be opened to the fraudulent instead of the un fortunate debtor, or how the justice that was due 1 to the honest creditor could be fairly and uniformly maintained. The.oatb, besides, could not male any ; tuan --li.kble.to perjury; unless where the oath was . delarrately and corruptly taken with evident inten -1 ' tiun to defraud. For these reasons he thought the clauses of the Bilk justified by the motives. and the precedents on which they rested ; as far, however, as he could alter them , consistently with the views he had taken of their propriety, he would willingly alter them On the better suggestions of any Noble Lord. He had himself many Amendments to pro pose'. in the Bill, and would therefore be the. more prepared to listen to the Amendments proposed by other Noble Lords. 1 , Lord STANHOPE complained that he had been Misrepresented by the Noble and-Learned Lord, and that to many of his objeetions no answer whatever had been given. He would still insist that it was ab surd in the first instance to propose an oath, for tho' ( it might not have the effect of making the debtor per jure himself, it would lead him to forswear himself, which in his opinion was making light of the Most serious and solemn obligation by which it was possi ble for man to bind himself. In support of his opinion, he quoted the saying of Sir James Johnstone) on the Bill tb prevent the introduction of French Gloves, some' ime ago introduced in the House of Commons. By that Bill it was intended to swear the sellers of .` . l , 1 gIOVES 1 tpon which occasion Sir tames remarked, Gentlemen; who would probably, if pretent,-dellvet The CHANCELLOR• of the EXCHEQUER " that the probable effect of such a Bill would be to their opinion on the subject, were not in their pl aces . next moved— 'Exchequer Bills to be so exchanged, shall Dot mewl is millions damn one part of the trade, and ruin the other."-- He would also observe, that a Resolut i on whi ch _ " matt is the opinion oithls Committee that the amount of The same principle might, he contended, be applied been entered into on the recommendation o f t he tterling."—Agrced to. to the swearing in the Bill before their Lordships. Right Hon. Gentleman opposite (Mr. Perceval, who The House resumed, and the Report ordered to be Lord*REDESDALE then stated, he had some had entered the House while the Noble Lord was received to-morrow. amendments to make, merely verbal, and others more speaking), giving precedence alternately to Notices 1 . . PENAL LAMS. important. One was to shorten the process of giv- and Orders of the Day, had that evening, in conse- i Sir SAMUEL ROMILLY rose to appA s a t h e ing notice, not making it necessary to s erve the ache- q uence of the absence of certain Hon. Gentlemen, Hots that it was his positive intention to move the dule on all the creditors; another was for the inner- been violated—for Orders had taken precedence of ;Order of the Day to-morrow , for the second reading , tibn of a clause to relieve insane debtor s, recommen- Notices, which must necessarily be the case,. unless of the Bill relative to the repeal of certain Penal Laws, ded to him by Sir George Paul. individuals thought proper to bring their motions for however late it might be. If any opposition were Lord. HOLLAND agreed that there was much wa rd in a ver y thin House. If, on those days when., intended, opportunities would occur in the other weight in many of his Noble Friend's obser vations, notices were known to have precedence, Hon. Gel.; stages of the Bill, of which' Gentlemen would he at but they could not induce him to endanger the pass. , tlemen did not thirk proper to come down until a ing of the Bill. He was so wedded t o t he p rinci p le late hour in the evening, it would put a stop to all liberty to avail themselves. ILord FOLKESTONE also stated his &termite of it, that he would overlook many imperfections in fair discussion. blun to bring forward the motion of which he had ie rather than not have something of what it aimed The CHANCELLOR. of the EXCHEQUER given notice, to-morrow. at. If absolute perfection could not be im mediatel y disclaimed any wilful absence. He had himself gieren I The ATTORNEY-GENERAL thanked the/ic attained in such matters, what was less objectionable notice of his intention of submitting a motion on the ' ble Lord for his courtesy, in having deferred his , ma , should in the mean time be edopted, until they might subject of funding Exchequer Bills, to a Committee i thou on Account ofhis (SirVicary's) accidental absence. - Mr. WHITBREAD, in the absence of his Right dally arrive at that perfection which every Noble of the whole House that evening ; and he could not i t must feel to be so desirable. He should not conceive that the Noble Lord would wish to prevent Honourable Fkettd (Mr.Ponsonby), moved for— of • - - .Wit being brought ~- - ...... 2 _ of the value of gradu, Lord therefore oppose the Bill,' hoping however that the Noble and Learned Lord who brought it in would exert his abilities to render it as unobjectionable as possible. The LORD CHANCELLOR supported the ar , guments of Lord Redesdale. He thought the pro posing of an oath in the first instance the only prow tical mode of proceeding under all the circumstances i of the case. How else could any thing like correct statements be expected to be given in by debtors, who, in the different and distant prisons of the coun- ' try, could not be examined as to fair or unfair state- 1 ments of the amonat of their effects in the chief towns of their respective counties ? Ought it not moreover to be a national consideration with their Lordships that no facilities should be afforded to the prejudice of the honest creditor ? Lord HOLLAND complained of the expression, the honest creditor," as if it insinuated that those who felt for the unfortunate debtor lad lost sight of the claims of the honest creditor. The LORD CHANCELLOR disclaimed any in tention of imputing such motives to any Noble Lord; and obset ved, that as the Noble and Learned Lord who brought in the Bill had many amendments to propose, whether it might not be better to allow that Noble and Learned Lord now to propose his amend ments, than to have the Bill, as amended by him, printed, and afterwards to recommit it as thus amen ded, for the further consideration of their. Lordships. After some further observations from Lord StAv flops and Lord HOLLAND, the suggestion of the Lord Chancellor was adopted. The House resumed.—The Bill, as amended, was ordered to be printed, and to, be recommitted on a future day. .a measure . such public importance . ig _ 'forward as early as possible. It was true that no pri vate business was then before the House; this, he be lieved, was the first evening; during the present Si s sion, when it was disposed of at so early an hour— for he had repeatedly come down to the House at half-past four o'clock, and found that public business ' could not be proceeded in for a long time after with. , out greatly retarding that of a private nature. He I hoped, therefore, that the Noble Lord would not find fault on that day, when it had so happened that pri vate business had been quickly disposed of, in conse• quence of the previous stages having been greatly forwarded on former evenings, if he (Mr. Perceval), being ignoi ant of that circumstance, did not come down at a very early hour. The Noble Lord was certainly at liberty to use his own discretion as to de ferring his motion, bet he thought no satisfactory reason had been adduced to adjourn the House. Mr. ABERCROMBY did not mean to siipport the motion of adjournment—although, under the cir cumstances of the case, he thought the motion of the Noble Lord perfectly proper. His reason for rising I was, his determination to miss no opportunity ofH spewing the great inconvenience resulting from the Resolution introduced by the Right Hon. Gentleman opposite. Heretofore Wednesday had been consi dered a day of rest ; the consequence was, that though a notice stood for that day, the attendance of Mem bers was extremely thin. He (Mr. Abercromby) did not mean to impute any thing improper td either of the Learned Gentlemen particularly connected with the intended motion—but, as they were not pre sent, his Noble Friend must either give precedence to the Orders of the Day, (one of which would probes bly cause some discussion), and bring his motion for ward at a late hour; or he must press it on the House in the absence of those Gentlemen who were more immediately engaged in the discussion, by which means the whole advantage derivable from giving notice would be done away. Lord FOLKESTONE observed, that he was. placed in this dilemma, either that he must submit his motion after she Orders of the Day were disposed of, or in the absence of the Attorney and Solicitor General. He would not, therefore, be able to bring it forward that evening with any advantage. He thought his best mode would be' to withdraw his motion for ad journment, and give notice of his original motion for Friday next.—( His Lordship, however, after convers ing with some of the Gentlemen near him, stated that he would not give any immediate notice of a day, but would name one in the course of the evening. He afterwards notified his intention of submitting his mo tion to-morrow.) DRISTOL BANKS. Mr. HART DAVIS rose for the purpose of cor recting a mistatement which appeared in a Morning Paper of Tuesday last, in the report contained in that ' paper of the debate on the subject •f Commercial Credit on the preceding evening. It was stated in that report, that his Right Honourable Friend the Treasurer of the Navy (Mr. Rose) had asserted, that six Banks is the city rf Bristol had failed in the year 1798, and paid no more than ss. in the pound. The fact.was, his Right Honourable Friend, in answer to the Gentleman who had spoken third in that debate (Mr. Huskisson), stated, that six Banks had failed in the neighbourhood of Bristol. For the honour of the Commercial Credit of the city of Bristol, lie took no tice of the circumstance—and he hoped the editor of the paper alluded to would give the same publicity to the contradiction as he had afforded re the mis statement. CODSIIITTEC OF WAYS AND MEANS. On the motion of the CHANCELLOR of the EXCHEQUER, the House resolved itself into a Committee of Ways and Means. The Right Ho nourable Gentleman then stated, that, in submitting is Resolution to the Committee on the subject of fending a certain quantity of Exchequer Bills, he would not trouble them with many observations. — He would reserve himself for the purpose of giving any explanation -which might be deemed necessary. —He would merely state the sum which he pro posed to fund in the five per cents.—the period when tenders would be received—and the amount to be paid in stock. He intended to extend the sum to be funded this year, as, on the former occasion, many persons had been disappointed in making an exchange. Last year the sum funded was eight millions, which he would now propose to extend to twelve—this, he believed, would meet the wishes of every person interested. He should propose that for every £lOO of Exchequer Bills issued between the Ist of April 1810, and the 15th of Marck 1811, which should be carried to the Exchequer Office be tween the 21st and the 27th of the present month, the parties holding the same should be entitled to 0108 7d. in 5 per cent. annuities, bearing in terest from January last. As the five per cents. were 'at present at 97.1, and interest being allowed, a fair bonus would remain to the person exchanging. He then moved— " That it is the Wilton of this Committee, that, for every 4100 of Exchequer Bills, issued between the Ist of April, 1810, and the lath of March 1811, and prevented at the Exchequer Bill Office between the 81st and 27th of the present mooch, there should be given £lO3 14,. 'hi. in five per cent. Annuities, bearing interest frost the Ist January /811 the interest to be paid out of the Consolidated Futtd: After a few words from Mr. A. BARING, mid the CHANCELLOR of the EXCHEQUER, the Resolution was agree to.. MUNE PROCESS BILL. The House next resolved itself into a Committee, when Lord REDESDALE also recommended that this Bill should pass in the same manner through the Committee, and be afterwards recommitted. Earl STANHOPE inquired the reason of the pa renthesis in the third page, " unless on Bills of Ex change, &e." Lord REDESDALE answered, this was not ori ginally in the Bill, but was suggested by the Judges. —He was not anxious about it ; still he would not agree to its being altered in the absence of a Noble and Learned Lord. The Bill then passed through the Committee, and like the former will be recommitted on a future day. Adjourned till to-morrow. HOUSE OF COMMONS. Mr. MELLISH postponed the second reading of the New Theatre Bill to the Nth instant ; and the second reading of the Grand Junction Canal Bill to the £lst. The 14th Report of the Commissioners of Military Inquiry was presented, and ordered to lie on the table. The Islington Burying Ground Bill was read a third time and passed. The Sugar Drawback Bill was read a first and second time. The Dublin Coal Trade Bill, and the Dublin Wide Streets Bill, went through Committees, and the Report was ordered to be re ceived to-morrow. The Irish Sugar Drawback Bill was read a second time, and committed for to-morrow. The Royal Marine Mutiny Bill was read a third time, and passed. Mr. WHITBREAD moved for a comparative statement of the Duties on Goods warehoused in Ireland in the yes 1810. Mr. MELLISH brought up a Petition against the Commercial Dock Bill, which was ordered to lie on the table. Mr. FOSTER brought in a Bill to explain and amend an Act of the last Session of Parliament, relative to Turnpike Roads in Ireland, which was read a first time. COMMITTEE OF SUPPLY. The CHANCELLOR of the EXCHEQUER submitted seve ral Resolutions in the Committee of Supply, for the purpose of equalizing the duties between malt and sugar spirits in Scotland. The Resolutions were agreed to, and the Report ordered to be received tomorrow. ENROLMENTS FOR THE MILITIA. Mr. RYDER moved for leave to bring in a Bill to Indemnify Magistrates for making enrolmelts for the Militia after the usual Aline, and for snaking such enrolments valid. Leave being granted, the Bill was brought in and read s first time, and ordered to be read a second time on Montlay next. Lord TE.MPLE wished to know whether there was any pro. vision in that, or in any other Bill, to make the counties account able for the deficiencies in the quota t Mr. RYDER said there was a provision to that effect in the present Bill, which imposed a penalty of X4O for every man. PRINTERS' PETITION. Mr. MARTIN gave notice that he should move to have this Petition taken into consideration no Tuesday next. CRIMINAL INPORMATIONS. Lord FOLKESTONE observed that, as the private business was entirely gone through, and as those Gentlemen (the Attorney and Solicitor-General) who were more particularly interested in the motion of which he had some time since given notice for the present evening, did not appear in their places, he thought it .his duty to move, " That this House do now adjourn ;" at the same time specifically stating his intention' to bring forward his promised motion as to Informations filed ex officio by the Attorney. Gen eral, on Friday next. The question of adjournment having been put from the Chair— Mr. BANKES rose to oppose the motion. He conceived that the hour was too early to justify an adjournment, which could only have the effect of in terrupting the public 'business. In all probability, Ministers would, in the course of a very few minutes, make their appearance. Lord FOLKESTONE stated, that hit reason for moving the adournment wet, that due notice had been given of his intended motion I it was then the usual time to commence public business, yet those eg A comparative statement _ -le'value goods warehoused in Ireland, duriag the years 1809 and 1810."—Otdered. REGULATION OP DISTILLIMIRS.7 -* 1 • On .the motion of the CHANCELLOR • r the EXCHEQUER, the House resolved itself into a Committee on. the Distillery Regulations. In the Committee, the Right Honourable Gentleman moved ' a number of Resolutions for the purpose of equalizing the distillation from Sugar and Grain in Scotland ; which were agreed to, and the report ordered to be Ireceitijed to-morrow. The House then adjourned. WLAVE TRADE. The Bill in the House of Commons, brought in by Mr. BROUGHAM, renders the carrying on the Slave Trade, atter the let of May next, felon y i rendering the parties liable to be transported for a term, not exceed ing fourteen years, or imprisoned, and kept to hard labour, for a term not exceeding five years, nor lm than three. Persons employed in any vessel engaged in the trade, or underwriting any policy of assurance on any such vessel, to be guilty of a misdemeanor, and to be punished by imprisonment, for a term not exceeding two years—Act-not to extend to prevent the removing from bne British settlement to another, or transferring Slaves, nor to things done in Africa, West of the Cape of Good Hope, or in the West In dies, or America, East of Cape Horn, before the Ist of August next, nor in tha East Indies, Madagascar, Africa, East of the Caprof Good Hope, Mauritius and Bourbon, and Islands in the East Indian Seas, be fore the Ist of January next, or in New Holland, Islands in the South Seas or Coast of America, West of Cape Horn, before the let of May, 1812, nor for for any thing done at sea on board any vessel sailing from Great Britain or Ireland, before the Ist of Mae next, from any other port in Europe, before the 10, of July, or from any of the places above-mentioned before the periods above respectively specitied—Act not to repeal former Acts respecting fcrfeitures— Persons employed on board vessels engaged in the Slave Trade, and giving information within three months after the arrival of the vessel in any port of his Majesty not to be liable to punishment. INSOLVENT DEBTORS. The bill now in the House of Lords, brought in by Lord Redesdale, for making a permanent provi sion for the relief of Insolvent Debtor; in Dig ; land, directs the appointment of a Barrister of not :less than six years standing, to be his Majesty's Corn ,'mi:sioner for the Relief of Insolvent Debtors, and to preside in a Court to be called , g The Court for the Relief of Insolvent Debtors," which shall be a Court of ReCord for the purposes of the Act.— Any person having been in custody for three months , or more in any prison in England, upon any process 1 for any debt or demand may apply by petition in a summary way to this Court, for his or her discharge, ',offering in such petition to convey and assign his or iher property, and to pay (whenever able) so muc h of his or her debts as the property shall be insufficient ,to discharge. A schedulo of debts and property to I be annexed to the petition, and the party to make -oath of the truth of the petition and schedule. Copy ! of petition4schedule and oath, to be served on the persons 'et whose suit the prisoner is detained, toge ther with a copy of the order of the Court - on such I petition, 20 days at least before the day appointed for hearing the matter of such petition. On the day of bearing, prisoner to be brought before the Court, to be exainined touching the truth of the matter con tained in the petition and schedule, or before Justices lof the Peace at Sessions by order of the Court. Court may appoint any assignee or assignees of the estate and t effects of prisoner, and proper conveyances and assi g n. i Irnents to be made, together with engagement for -fu ture payment of debts when able ; and upon t he ex , ecution of them, Court may order the discharge of prisoner, and judgment to be entered against prisoner for remainder of debts ; which judgment shall, if the Court so order it, be executed against the future estate and effects of prisoner, and shall bind the assets of prisoner, real and personal, in the hands of heirs, executors, and administrators. Prisoner wantonly wast ing his effects while in prison, or fraudulently disposinc of them, not to be entitled to the benefit of the act. It discharge discovered, within a year atterwaids, to have been obtained by fraud, discharge to be sail—. Assignees to sell property within two months, as di rected by a meeting of creditors, and to make divi dends. Life estates and power of leasing vested in, prisoner, to be vested in assignees for betwixt of ere& tors. Assignees not to be entitled to the pay of any officers in the army or navy, or the income of any be. nifice or curacy. Prisoner, after discharge, being an'ested for any debt or demand, in respect to which such discharge was obtained, may be released by Judge of the Court, from whence process iseued, on :hewing order of discharge. Persons in custody fen • stuns embezzled in breach of trust, not to be entitled to discharge, without the consent of persons to whom such debts are due, or unless prisoner had been con fined for ten years. Prisoners having obriined credit On false pretences, not to be discharged without con vent in like manner, or having been in prison five years. The same for damages in Crim. Con. and seduction. In cases of transfer of property also by prisoners to &- fraud their creditors, prisoners not to be discharged without the consent of all the creditors, or having been imprisoned fire years after such transfer. --The same Ssbere prisoner has lost by gaming since being in rthees 410 in one day, or £5O in the whole.— _ -----".741111111 L I t re is 1, 1.1 to in s di. ny be• log ich by on k~ I