The Sun. — London, England, 1861-02-12 00:00:00

IMPERIAL PARLIAMENT. HOUSE OF COMMONS.—(YESTERDAY.) Mr. AYRTON gave notice that he intended to move for select committee to inquire into the local government of the:metropolis. BANKRUPTCY AND INSOLVENCY BILL. The ATTORNEY-GENERAL rose to move for leave to bring in a bill to amend the law relating to bankruptcy and insolvency. He said—l hope the bill which lam about to .move for leave to introduce will be brought before you under happier auspices than its predecessor of last year. At the same time I must say that, while I regretted tho necessity of abandoning the unfortunate bill of last session, I have been very much consoled by the reflection that in preparing the present measure I have had to direct my attention to a number of topics to which I felt it necessary that greater consideration should be given ; and I hope that I have suc ceeded in framing a measure which you will receive with greater favour than you were disposed to show to that which preceded it. You will recollect that one of the cir cumstances that accompanied the introduction of that bill was its ponderous appearance. I have deferred to the opi nion then expressed, and surrendered my own judgment to the feeling that prevailed ; and I am happy to say that the bill which I now propose to introduce is less by one half then the bill of last session. (A laugh.) But you will do me the favour to recollect that the bill which I then introduced was a consolidating, as well as an amending measure. (Hear.) The law of bankruptcy is entirely lex scrlpta. It is composed of statu tor y provisions, and those provisions are to be found scattered over a great number of acts of Parliament, all of which must be consulted in order to ob tain a just idea of the law. (Hear, hear.) As there exists a general opinion that acts of Parliament ought to be conso lidated, I felt last year that it was my duty t o a tt emp t t o conso lidate the whole of the written law on the subject of b a nkruptcy. The present, however, is only an amending bill, and is therefore of a fragmentary and disconnected character, the provisions of which cannot be at once per fectly understood from the want of those lights that might be cast on them from other statutes which are left untouched. In framing the present bill I have entirely abandoned con solidation, though my feelings and sentiments are all in favour of a consolidating measure; but it is at all times desirable to propose that which is likely to pass, and if I can succeed in inducing you to pass this measure during the present session—a measure more than ever demanded by the mercantile community—it will in some future session probably enable us to consolidate the whole law of bank ruptcy, of which this bill, if it receives your approbation, will form an important element. (Hear.) I will very shortly remind you of the important principles which it was desired to establish and carry into execution by the measure of last year. You will remember, probably, that oneof the great evils which I thought called for a remedy was the con fusion that now exists in bankruptcy between the judicial and administrative functions of the court. These are con ducted in such a manner that the one has no order, or eco nomy, or regularity, and the other has neither dignity nor efficiency. (Hear.) One object of the last bill, therefore, was to separate the judicial from the administrative func tions; to bring home to the body of the creditors all those duties touching the administrative part of the law which it is necessary should he discharged in the first instance ; and, at the same time, to give to the judicial functions of the court that uniformity and certainty of decision, and that elevation of judgment, which would wipe away the reproach that now attaches to the law as it stands. (Hear.) One of the other features of the late measure was to restore to the creditors of the bankrupt the power of settling their own affairs. The principle on which the law of insolvency rests is, that the moment a man becomes clearly insolvent his estate belongs to his creditors—(hear)—and the creditors are the parties who should be consulted as to the mode of administering and disposing of the estate. (Hear.) Unfor tunately, the history of the law shows that partly from the apathy of creditors, and partly from other causes, great evils existed in the modes of administration formerly fol lowed. Great changes were made in the hope of remedying these evils, but nevertheless it was found that creditors re "fused to avail themselves of proceedings which they fancied to be injurious to their interests. There was an enormous amount of formality and technicality, and officials were establisiied who destroyed that property which it was their duty to protect. To remedy these evils was one of the objects of the bill of last year, and all that it was hoped to accom plish by that bill in this respect will be embodied in the present measure. Another object of that bill was to effect a reduction of the great expense incurred by the law charges of the Court of Bankruptcy. It is quite unnecessary that I should justify the introduction of a measure on this point, because the evil is universally admitted ; but I shall shortly mut:, erate to the house some of the different sources of that expenditure, which exists in consequence of those changes that have at different times been made since 1831. On every estate brought into bankruptcy there is a consider able sum to be paid on its first introduction ; then there are charges for the messengers, gentlemen who are receiving very considerable incomes for the performance of very slight duties ; then there are fees paid to the auctioneer, the broker, and the accountant, fees on public sittings, regis trar of meetings, and fees for sittings ; the building fund, ad valorem percentage fees to the official assignee, allow ance to bankrupt for maintenance, allowances or dividend and excepted articles, and solicitors' charges. (Hear, hear.) Probably it will be remembered that last year I showed, from returns before the house, that the charges on the ad ministration of estates in bankruptcy amounted to not less than 33 per cent. (Hear, hear.) Another object of the bill of "last year was to establish an effective audit and the control and superintendence of creditors through the medium of official assignees; and also to inform creditors, by the trans mission of the proper accounts, of an estate and the manner of collection. Another object of the bill of last year was the subjecting the insolvent or bankrupt, when applying for his discharge,to a proper tribunal, with the power of punish ment in cases of fraudulency. (Hear.) All these different ob jects it has been my endeavour to provide for by this bill. (Hear.)" But, before entering more particularly into that point, I may be permitted to say that in presenting this measure to the house, I present it as in my judgment the best that is attainable under the circumstances. (Hear.) Any one who approaches this subject with the intention of reforming the law finds the ground covered with establish ments which have been again and again modified until the Legislature has become, in regard to bankruptcy, jealous and suspicious of all further attempts at reform, and is ad verse to permitting any expenditure of public money in this direction. Under these circumstances little can be done except to modify that which now exists. Undoubtedly by giving away money under that odious name " compen sation," it would be possible to build up a much simpler form of administration of this important part of the law. Whatever, too, may be done by way of enactment, a great deal is requisite for the reform of the administration of bankruptcy, which must be left to the prudence, care, and superintendence of the creditors themselves. (Hear, hear.) I thought last year that it was desirable to have one law of insolvency, and to subject the trader and the non trader to one uniform system of administering the law if they became insolvent. The house will recollect that it received last session with approbation the proposal to give a chief judge to th e C our t o f B an k ruptcy. At present the i law is administered by numerous com m i ss i oners , an d as to a portion of the cases by the County Court judges. It was thought that therewa.s great difficulty in obtaining unifor mity of de cisions unless there were some rea d y means of approaching a court o f appea l . The house was unanimous in thinking that it would be proper to have a chief judge at to the head of the ad m i n i stration of bankruptcy secure uni formity, certainty, and dignity. (Hear.) I havetherefore, retained that portion o f th e plan of last year. ' One of the proposals of the bill of last year was, however, to abolish at once the five London commissio ners and to pia. ' ce two other commissioners in their room. That proposal involved the necessity of giving to those gentlemen for the rest of their lives retiring annuities to the full amount of their present salaries. That proposal did not appear a ccep t a b le, and I have thought it right to continue these commissioners in precisely the same situation as at present. Their duties under the present bill will not probably be greatly aug mented, considering the appointment of a chief judge and the proportion of labour that will fall on his shoulders. That will be, at all events for the house to determine, but I pro . pose, in the present bill to retain that part of the existing system without any alteration. The bill of last year proposed the abolition of the Insolvent Debtors' Court, and with it the removal and discharge of the commissioners of that court. One of the commissioners, Mr. Sergeant Murphy, has since died. Another commissioner was appointed in his place, but on the understanding that if it pleased Perna went to put an end to the court he was not to be entitled to any.compensation. At present, therefore, so far as compen sation is concerned, there is but one commissioner of the insolvent Court, and, if the present scheme is carried into *feet, it will leave the administration of justice, both in ~!_l i kruptcy and insolven c y i n th e L on d on district, in 'no and the same court. That district is exceedingly r n t ensgive, stretching from the extremity of Norfolk on Therade to the b or d ers o f H ampsh i re on the other. w e, : -- e azia th a erefore, be in the . Lo . ndon district a chief judge, the &dies of vtl London commissioners, to discharge Another part of t o law of bankruptcy and insolvency. Count bill proposes to augment the jurisdiction of the Co 'creditors to take the • d ßy the former bill power was given to niinistra.tion of bankruptcy from the District Courts to t a eatates u o ounty Courts. It provided, how ever, that those froninlyshould be transferred by con sent of the creditors ounty Courts where the thet Bankruptcy Courts to the not exceed £l,OOO. I have since thought that noirudeagsoenfo:axtdito‘ta for that limit, that the creditors were able to ) ra the lves on this point, and bad the right to do so. (Hear. or reraroevfre propose to con tinue to the creditors the power estate from udeve:tthhout any tha Court of Bankruptcy to the Count y a r a t n limit in point of amount. (Hear, hear.) le bill it was proposed that the County Courts should bearmrnaere right to take administrations in bankruptcy where the 'v au e t-- did not exceed V.OO. It has, however, been represented to me me that it is difficult to say whether the assets do or do not exceed £3OO, and I propose that all petitions for removing eankruptcy shall be presented in the first instance to the Court of Bankruptcy, except in those limited cases where the debts of the trader do not exceed £3OO. The facility of ap plying to the County Courts has led to many endeavours On the Mt ct lowlTAleut traders t 9 was itaticoi awi I I have therefore thought it right that all petitions for adjudi cations of bankruptcy, except in those smaller cases where the debts do not exceed £3OO, shall be presented in the first instance to the Court of Bankruptcy or the District Court. These are the material changes in the structure of the bill, and these are all the differences that exist on this part of the subject between the bill of last session and the present. I now come to the procedure in cases of bankruptcy. I have thought it most desirable to secure the creditor of an insol vent the opportunity of determining whether he will enter the Court of Bankruptcy or not. The great fault of the present system is, that the creditor cannot get the benefit of the provisions of the Court of Bank ruptcy without entering the walls of the court. There is, also, the further evil that once within the walls he cannot escape until he has paid the utter most farthing. (A laugh.) He must remain there until the whole of the estate has been ground down, col lected, and administered. But I think it right that, with the consent of a certain portion of the creditors, a man who is an honest trader, or who not being a trader is an honest debtor, shall have the opportunity of surrendering his pro perty and having it duly administered without incurring the opprobrium and stigma of bankruptcy. (Hear, hear.) It is necessary to deal with this part of the case with very great caution, because if you give to the trader any protec tion during a certain period of time while he has solicited, or has represented that he has solicited, the consent of his creditors, you have suspended during that period the right of the creditors, and, unless care be taken, the opportunity may be converted into the means of defrauding the creditor by the debtor. I have endeavoured as well as I could to provide a remedy for this, and, while the creditors' rights are suspended, there will nevertheless be a provision in the bill enabling the debtor's estate to be administered under a private deed without the necessity of an adjudication of bankruptcy. I consider that a part of the utility of the measure will depend on the possibility of working this portion with convenience and success ; and, though, no doubt, it may on many occasions be desirable that, while the rights of the creditors are protected, the estate should be wound up without the debtor being subject to the oppro brium of passing through the Bankruptcy Court, yet I pro vide in the bill that the creditor or debtor may at any time pass over the boundary and go into the Court of Bankruptcy, in order to meet any emergency or necessity, or to have a determination on any question which may arise in the ad ministration of the estate under the trust. But supposing a petition presented for adjudication, and that the debtor is adjudicated a bankrupt, the next form of procedure by the bill is that there should be an immediate meeting of the credi tors, at which meeting it should be decided whether the admi nistration of the estate should continue in the court by which the adjudication had been pronounced, or be transferred to any other court, as, for example, the county court. At the same time, the creditors would have the opportunity of receiving any proposal of the debtor, and of determining whether the estate should go on in bankruptcy, or be wound up by private deed. Therefore, at the very first meeting—and there would be power to call any future meeting for the same purpose—an opportunity would be afforded to the cre ditors of deciding which was the best mode of administer.• ing the estate. Then, with regard to the proofs of debts— a proceeding at present attended with much unnecessary ex pense,—l have introduced, in conformity with general re commendation, a most simple mode of procedure. A written declaration, containing a statement of account, signed by the party, is, when unopposed, to be taken as proved, a penalty being attached for any false statement. Another point to which I wish to call attention is the posi tion in which the croditors' assignees and the offi cial assignees will be placed by the bill. All ac quainted with this subject know that official assignees were introduced in 1831, in consequence of the great evils which were felt, chiefly from what I have denominated the indifference and carelessness of the creditors. The official assignee was invested with the right to receive the whole estate, and the consequence was that creditors found them selves, in their own opinion, entirely excluded from their proper position with respect to control over the administra tion. There has therefore been a general cry to be emanci pated from the official assignees, as great as there had been previously for relief from the maladministration and neglect incidental to the former system. I have endeavoured to provide a mode of proceeding which should be something between the two propositions. I hope the houso will agree with me in thinking that it is proper to leave to the credi tors' assignees the right of receiving, applying, and admi nistering the estate ; but that it is most essential that there should be an efficient auditor, active inspector, arl vig - i!ant superintendent over the creditors' assignees —able to ascer tain, and who would have an interest in ascertaining, that the property was received by them and taken into hand for the benefit of the creditors. I propose, therefore, by the bill, that as soon as the creditors' assignees should be appointed the functions and duties cf the official assignees should cease with respect to the collection and distribution of the property, save in one particular. I have found by an examination of the returns that small debts— debts not exceeding £lo—due to bankrupts' estates are col lected by the machinery in the power of the Court with infinite economy, and therefore I propose to continue to the official assignee the power of collecting debts not exceeding £lO. With regard to the rest of their duties, I make it in cumbent on them to require accounts from the creditors' assignees, to audit them, and send copies to the creditors. The creditors' assignee will also have to return quarterly accounts of the estate, and those quarterly balance-sheets will be audited with the aid of the official assignee. The next question is that of the discharge to be granted to the bankrupt, and here the bill which I am now seeking to in troduce will be found to differ materially from the measure of last session. It has appeared to me, upon much conside ration of the subject, that an obligation should be thrown upon the commissioners and upon the chief judge, whether there be any accusation by the creditors or not, of examining with care and attention the conduct of the bankrupt. Sup posing, therefore, that there is no accusation by the credi- tors, or supposing the commissioner to whom the matter may be committed thinks it right that the conduct of the bankrupt should be brought before the chief judge, the question of the discharge will, in the London district, be brought, in the first instance, before the chief judge for de cision. I propose to arm the chief judge with two kinds of authority. In the first place, I give him authority to exa mine the conduct of the bankrupt in all cases of miscon duct not included in the list of offences which the law treats as misdemeanours. The house is probably aware that, ac cording to the existing law, the conduct of the bankrupt may be thesubject of examination by the commissioners, and that the certificate to be given to the bankrupt varies according to the opinion so formed of his conduct. There are three kinds of certificate—those of the first, those of the second, and those of the third class. The first class is a declaration that the insolvency of the bankrupt is attri butable entirely to unavoidable misfortune ; the second class states that it is attributable not entirely to unavoid able misfortune; while a certificate of the third class sets forth that it is attributable wholly to causes other than mis fortune or accident. lam told, however, that practically the distinction between the different classes of certificates is almost wholly disregarded; that it is of little more use than if the certificates were written on so many pieces of white, or red, or pink paper. (Hear, hear.) Hence, I have thought it better to persevere in the proposition which I made last year that these certificates should be wholly abolished. (Hear, hear.) Ido so with the more confidence now, be cause I believe it is necessary that something more strin gent, something more definite, something the effect of which may be more severely felt, should be placed in the hands of the judge, than the mere power of giving a certain description of certificate. (Hear, hear.) I have therefore described a number of instances of misconduct which are not characterised as misdemeanours, but which are treated as grave offences, warranting the judge in refusing or suspending the order of discharge, or in committing the bankrupt to prison for any period of time not exceeding one year. Among the offences so enumerated is one which I should have been very glad to make a criminal offence if I could have found the means of defining it with that amount of accuracy with which every criminal offence ought to be defined. I mean the acquiring of fictitious capital, the trading with false capital, principally produced by the ex cessive use and unjust application cf accommodation bills. (Cheers.) That, in point of fact, is nothing more than a mode Of obt a i n i ng the means of trading by fraudulent pre tences, and ought in the excess to be punished as fraud. But the difficulty is in making criminal that which is so only in the excess, because the excess is incapable of being defined in words, although no man can hesitate about recog nising it when it comes before him in actual business. It is impossible to assert that being a party to an accommodation bill shall, of itself, be an o ff ence ; yet no man of any infor mation on , the subject can hesitate to say that such a sys tem of trading by accommodation bills as that which has been exhibited in the public journals, in connexion with a recent case of bankruptcy, amounts to one of the worst de scription of offences. (Cheers.) I have not hesitated, there fore, to give the chief judge, who will be a judge of the highest rank, the power of inflicting a sentence of impri son _ ment for 12 months in those cases of delinquency which are not included in the list of offences amenable to the criminal law. Ido so with less hesitation, because the existing law gives the power to a creditor, if he pleases, of inflicting a greater amount of imprisonment. The law as it at present stands is characterised probably by as much inhumanity and at thd same time inefficiency and impolicy as any law that could be devised. If the Commissioner suspends a certifi cate, or refuses it for any limited time, during that period any creditor ray apply to the Commissioner for a certifi cate of his debt, and upon that certificate he has a right to commit the bankrupt to prison. Then, at the end of the im prisonment, which is an imprisonment for a limited period, any other creditor may proceed against the bankrupt in the same way, and subject him to a similar incarceration. I think that, if the delinquency of the bankrupt is such that it is just to expose him to the penalty of imprisonment, that penalty ought not to be left at the caprice of any creditor who might be prompted by malice or a vindictive feeling—(hear, hear)—while, on the other hand, I am equally of opinion that it is unfair that the creditors should be made the agents and instruments of inflicting a criminal s _.., ente nce. (Hear, he ar .) S uc h a sen t ence , t o h ave any ro " co t way of d e t err i ng from similar crimes, ou g ht me from a judo of the highest dignity. I therefore propose to take away the power of imprisonment now given to the creditors, and, in cases where the judge shall be of 0134144 that the order of tiiiichirs9 onlat to be ry14.04 or suspended, to give him the power of inflicting the amount of imprisonment I have mentioned. I have also thought it right that the same judge--viz. the chief judge—should be armed with authority to trythe bankrupt for any offence of which he may be accused, because in handing the bank rupt over from the Court of Bankruptcy to a criminal tri bunal there is not only very considerable difficulty in caus ing proofs of the offence to accompany the accusation, so as . . to enable them to be brought forward in the manner re quired by any ordinary criminal court, but there is great in justice in subjecting the estate to all the expense and delay incident to that description of prosecution. I have thought it right, therefore, as we propose to place at the head of the Court of Bankruptcy a judge of the highest rank and character, the equal of any of the judges of Westminster hall, that such judge should have the power of administer ing this part of the criminal jurisdiction. The Bill provides that, if the bankrupt desires to be tried by a jury, he shall be tried by a jury in the ordinary manner; but that if he does not desire to be so tried, then the judge is to examine his conduct, the Commissioner who has had the immediate prosecution of the matter sitting as the assessor of the chief judge. The final sentence is to proceed from the Court so constituted, no appeal being allowed to any other tribunal. From the decisions of the commissioners in the country and County Court judges an appeal to the chief judge ap- pears to be desirable, but from the sentence of the chief judge in this matter I think it right that there should be no appeal. I think these provisions are not more stringent than the absolute necessity of the case requires. I hold that justice should be administered in a manner in which humanity and consideration may be united with necessary severity, and so as to operate more efficiently than the pre sent system. I have mentioned to the House the procedure applicable entirely to the case of traders. It was part of the proposition of last year that the non-trader also should be brought within the area of the same tribunal. That was a preposition which, I believe, as far as general discussion has gone, has received the approval of, I may say, nearly all who have attended to the subject. The true policy of the bankrupt law is, I believe, that every species of encouragement should be given to a debtor the moment he finds himself in a state of insolvency to do that which justice requires, namely, to divide his estate equally among his creditors ; but I must beg you also to observe that, with the exception of the trader-- in the case of the non-trader the whole tendency of your laws as at present established is to produce the very oppo site result. You admit of execution against the person of the debtor; you admit the debtor being consigned to prison on that execution—for what purpose ? You cannot for one moment say that he is sent to prison for punishment. You have not been administering the criminal law at all. He is sent to prison at the pleasure of a creditor. Well, the creditor has become his creditor by his own voluntary act. To every debt, in that sense of the word, there are two parties—the man who contracts it, and the man who permits it to 'be contracted. The creditor, of his own accord, willingly gives credit—to what had he the right of trusting at the time he gweit ? He trusted, of course, to the solvency and means of the individual. In the very nature of the contract, it is impossible to suppose that the power of consigning the debtor to prison ought to be re garded as one of the natural rights of the creditor. Con signing the debtor to prison cannot be justified on any other consideration than this, that it is a means of com pelling the debtor to give up his property for payment of his debts. But if you can accomplish the same thing without imprisonment, the imprisonment would be with out reason to justify it. The imprisonment of the debtor is undoubtedly the means of rendering the debtor useless to himself and a burden to the community. (Hear, hear.) To the creditor it produces no good ;to the State at large it is an unmitigated evil. The debtor is de moralized ; he is in a state of idleness and depravity fre quently while in gaol ; he comes out of gaol a worse man than he entered it. The whole process, therefore, is neither more nor less than a process of unmitigated evil, unless you say it is effectual as a preventive to men going into debt. But I say you are not justified in imposing any such law with a view to prevent that consequence when men only get into debt with the consent of their creditors ; and if the creditor consent, the act of the creditor entitles him to nothing more than the aid of the law, in the most expe ditious manner, to get at the property of the debtor and divide that property among his creditors. But here, again, you give every temptation to fraudulent preferences, you stimulate the debtor to do that which in bankruptcy the 17311::t stigmatise with the imputation of fraud. I cannot illustrate more forcibly the opinions that have pre vailed on this subject, and dictated by good policy as well as humanity and justice, than by taking the liberty of reading one or two passages from the reports of various commissioners who have considered the subject. In the report of the Common Law Commissioners in 1832 the re sult of the law is thus accurately described : " The practical effect of the law of arrest on final process, combined with the insolvent law, is the imprisonment of numbers merely to be discharged without opposition at the end of afew weeks. The consequence is misery, waste of funds, and multiplied frauds and perjuries. While no benefit arises to the creditor, the arrest, imprisonment, and expense are ruinous to the debtor. In short, the ordinary consequence is disappointment and loss to the creditor, de struction to the debtor." I say this is a correct view of the case; statistical returns prove it in the strcngest way by the number who are com mitted to prison, the short time they remain there and then are discharged ; not one estate in 250 profiting thereby. You are bound by the principle of your law of debtor and creditor to give the creditor the most available remedy, but it so happens that the most available remedies to the credi tar are those which are most consistent with humanity and justice to the debtor and the general benefit to the State at large. You tell the insolvent debtor that he shall be re leased and discharged on surrendering his property—why do you make it a necessary condition that he shall go to prison before he surrenders his property? (Hear.) You have felt the injustice and have modified the operation of these laws by various acts, which have had in them per haps more humanity than ccnsistency, and which were not quite impartial. You will recollect the Act of Parliament that was passed for an object I won't stop to explain, and which is commonly denominated the " Gentleman's Act." That is an act by which in reality the insolvent may get the benefit of bankruptcy without going to prison. The Legislature, in passing it, at the same time condemned the general system because it has by that and other protection acts in effect declared that if a man will communicate with his creditors, and get the assent of a certain number and surrender his property, his person shall be free from arrest. Now, all I desire for the benefit of non -traders is this— that the law should give them an opportunity of at once surrendering their property, and, upon that surrender and free discovery, that they shall be protected from arrest. This is the first thing therefore that is proposed, and for the benefit I trust of the non-traders. I will venture to add one or two more extracts from the report I have referred to, in order to vindicate the proposition I have laid down. In another part of the same report I find this statement : " Thousands are every year imprisoned and discharged, not only at great pecuniary cost, but at a moral expense infinitely more detrimental to the interest of society." Another re port was made in 1840 by the commissioners appointed to consider the Bankruptcy and Insolvency Laws. The report is signed by Mr. Justice Erskine, previously Chief Judge of the Court of Review, Mr. Evans, Mr. Fonblanque, and Mr. Holroyd, Commissioners of the Court of Insolvency, and Mr. W. Crawford, Mr. W. Ellis, Mr. B. Hawes, jan., Mr. G. C. Glyn, and Mr. John Horsley Palmer--a combina tion of authorities of the highest character. There are two passages I would read :—" It appears to us," the commis sioners say, " that to unite the jurisdiction in matters of bankruptcy and insolvency would, upon principle, tend much to benefit the public, but this benefit cannot, we think, be obtained without placing all insolvent estates under the administration of one uniform system of law. We can per ceive no good reason why the estate of one debtor (a trader) who is unable to pay his debts in full should be adminis tered in a different manner from that of another debtor not a trader under the same disability." I cannot but think, therefore, that you must arrive at the conclusion that the greatest injustice is under the present system done to the non-trader, and the greatest injury inflicted upon the credi tor; because, as matters now stand, the former is led to submit to considerable sacrifices from time to time, fre quently even to commit fraudulent acts, in order to evade the penalty of imprisonment; so that, instead of deeming it to be his interest to make an honest surrender of his pro perty to his creditors, every species of inducement is held out to him to do that which under a just and politic admini stration of the law of debtor and creditor might not occur. That hundreds and thousands of debtors should be impri soned only, as it would seem, to keep up a costly tribunal for the purpose of their discharge from confinement, would appear to be the very extreme of folly. If then the case be as I state, it becomes the interest of all parties to place the law of insolvency upon the same footing as that of bankruptcy. It has, however, been made manifest to me since last year that some degree of odium attaches to the word "bankruptcy" in general acceptation, and that that circumstance would be likely considerably to detract from the beneficial results which I anticipated from the changes in the law which I then proposed. I have, therefore, been desirious of embodying in the present bill words which should be certain and unmistakeable, as defining the tests of insolvency as applied to non-traders; so that the law of bankruptcy might be brought into operation in such cases upon the most distinct evidence, of general inability to meet one's just claims. Now, I think the house will agree with me in the opinion that one of the greatest subjects of re • , preach in connexion with cases of this description with which we have to deal is that which results from the habit which exists among men who happen to be involved in debt of withdrawing their property from this country and seeking a residence in some part of the Continent, where they may enjoy it, thus defrauding their creditors of that which ought to be distributed among them. (Hear, hear.) We are all perfectly well aware that there are abroad cer tain localities which are well known as being the places of refuge of English debtors, and that being so, I have made the first test of insolvency in the present bill the absconding from the ceuntry with the deliberate intent of evading one's just creditors, and the remaining abroad with the same ! object. But now comes the question, which shall be the overt act which shall meet with general acceptance as evi dence of the mattes animus to defraud ? In dealing with that question, in which you have to collect from the acts of tie dcbt9r tke :proofs 1 - 64 aninm byvalid; bj4 Abociio from the country is influenced, I have been desirous to I render it necessary that a certain process should be gone through. I should require a•petition against him to be served at the last place of abode of the debtor, as under the existing system the Courts of Chan cery and common law are empowered to demand in the case of a bankrupt, so that it would be impossible for any man to be declared an insolvent upon the ground of fraudulent absence from the kingdom without having a fair opportunity of showing what is about to be done with respect to him, of entering an appearance against the petition, and of proving that he in reality was animated by no fraudulent intention in taking up his residence abroad. The next test of bank ruptcy which I would make applicable to the non-trader is the fact of a creditor having obtained a judgment against him in accordance with the ordinary process of law or equity, and being unable to find him to enforce that judgment, and I propose that under those circumstances an opportunity should be afforded him of appearing to answer the demand, and of giving either satisfactory security to the creditor or proving that he was not liable to be called upon to liquidate the claim made upon him. If that be not done you will, I think, agree with me that a criterion of general insolvency is furnished which makes it the duty of the debtor to deliver up his property for the payment of his liabilities, and which renders it incumbent upon the framers of the law to enforce that surrender. Another test of insolvency is the fact that the debtor being a non-trader has been arrested on filial pro cess, and is placed in prison. Every hon. member at all ac quainted with this subject must be aware that it has not been unusual for persons so situated to prefer to remain in gaol and enjoy their property there to giving up that property to be distributed among their creditors. Tho most absurd part of the English law with respect to this particular point is this—that it seems to assume that when you have got the body of your debtor you have obtained satisfaction of your debt, thus reminding one of the doctrine attributed to the Roman law of sanctioning the division piecemeal of a debtor among his creditors. The test of insolvency which I have last mentioned may be made the occasion of a petition for adjudication of bankruptcy being presented against a non trader, and the result would be that his estate would be ad. ministered on the same principle as that of a trader. Touch. ing upon this part of the question we are naturally led to ask the very important question, whether in altering the law of bankruptcy we ought to import into tho amended system that principle of the law of insolvency which makes the future estate of the debtor liable for his debts, or whe ther it would not be more advisable to extend to the non trader the benefits of that humane principle of the bank ruptcy law which gives the debtor an unqualified and gene ral discharge for the future upon his giving up the entire property in his possession to satisfy the claims which exist against him. For my own part, I confess that I do not think a man, if he chooses to give credit, is entitled, morally or upon grounds of good policy, to anything more than an equitable distribution of all the means in the possession of his debtor at the time when he gives him credit. It is not, it seems to me, a just or a politic course to take so to legis late as to induce a creditor to speculate on the future prospects of the person whom ho trusts. (Hear, hear.) We know that in equity all bargains with expectant heirs upon the security of their expectations, and all contracts relating to future acquisitions of property, are regarded as unjust, and I feel therefore confident that the house will be of opinion that a debtor, having once honestly delivered up to his creditors all the property which he possesses, ought not to be liable to be pursued by them through life, and to be called upon to surrender that which he may afterwards secure to satisfy their claims. That is a prin ciple on which the house will have to decide. I have the greatest possible confidence in a general committee of this house. I know of no more searching tribunal for the examination of such a question ; and this, as well as all the main provisions of this bill, I shall submit unreservedly to discussion in committee, accepting altogether that which its wisdom and sense of justice may approve. I must, however, tell you that in that part of the measure which deals with the orders of discharge of bankrupts, whether traders or non traders, I have given to the chief judge in case of any delinquency the power of annexing to such orders of discharge conditions affecting future acquired pro perty. It will be for you to determine the prudence and propriety of that course ; but the bill proposes, as a penalty upon the bankrupt trader or non-trader, that in cases coming within just censure such censure shall involve the liability of future acquired property. (Hear, hear.) Now, it may be asked whether this bill goes the length of totally abolishing imprisonment for debt. My answer to that is that I regret it does not. I have hesitated on this point from a fear that if I had pledged myself to such a propo sition I might not have found it accepted by this house. But I will tell you what I have done, and which in reality will, I trust, arrive at the same result, although it is not the same thing in name; neither is that boldly avowed which reason, justice, and policy appear to me to demand. The course adopted by the bill is this : In the first place, every pauper debtor, who, on account of his poverty, cannot petition for an adjudication of bankruptcy against himself, has the power of presenting a petition to a County Court, and of presenting it at the expense of a fund provided under the 33d of George 111. for promoting the discharge of pauper debtors. That is one of the modes by which I hope to relieve the gaols of some of their present occupants. But another mode is this :—The gaoler, by a provision of the bill, required to make out on the first day of every month a return of all prisoners in his custody for pure debt, or rather simply on account of debt, and to for ward this return to the chief Judge in the London district, or to the commissioner in any country district of bank ruptcy. On the receipt of that return notice is to be sent by the clerk to the execution creditor and the detaining creditor of every such person; and on the expiration of 10 or not more than 20 days from the date of the return a registrar will examine every prisoner, whether there be a petition or not. The registrar will have power to make an adjudication—that is, to make an order vesting the estate of the prisoner in the official assignee —and, if he thinks fit, to grant the prisoner an order of protection—that is, a quali fied discharge. When that machinery is in operation I believe it will be impossible for any man to remain in prison simply on the ground of debt for a longer period than from 14 to 20 days. And, if that be so, I think it will fol low that no creditor would be willing to commit his debtor to prison; for he pays a considerable sum for that privilege or source of enjoyment, if it be such—(a laugh)—and he would hardly avail himself of it when his debtor would be released from prison in the manner I have described. The house will recollect that prisoners for debt in this country are now divided into two classes. Ono of these classes, and by far the most numerous, are those who are imprisoned by the orders of the County Court judges, for there is a species of imprisonment which must be called penal, not being for pure debt, inflicted by the sentence of a County Court judge, or of a Commissioner of Bankruptcy in cases of small debts which are found to have been contracted either under circumstances of fraud, when the debtor had no probable means or expectation of being able to pay, or under some other species of falsehood or de linquency. Now, of course, it would be very wrong to in terfere with that description of criminal imprisonment, and therefore, I do not propose that the registrar who attends for this gaol delivery of debtors should have any power to release persons so committed to custody. But for pure debt, for debt unaccompanied by these circumstances of fraud or reproach, no man will be permitted to remain in prison ; but, whether he will or no, will be discharged and his property, if he has any, taken from him and made avail able for the benefit of his creditors at large. These, then, are the principal provisions, some of which were included in the former Bill. I have only to add that connected with the additions made to the former measure there is this im portant circumstance : —I have mentioned my great desire to facilitate the process by which debtors without incurring the reproach.of bankruptcy, should be enabled to surrender their property for division among their creditors. But it re peatedly happens that the debtor cannot accomplish this, because ho is unable to ascertain who are his creditors at the time, seas to obtain the assent of the required majority for a composition or arrangement. Every trader is probably liable upon promissory notes or bills of exchange which are circulating about, it may be in foreign parts, and the holders of which cannot be discovered in a short period of time. I have, therefore, introduced this provision, that, if the debtor obtains the required majority of those creditors who can be ascertained, and is willing to make the trust deed or deed of assignment, run in a very simple form, it shall be as effectual and complete a discharge and protec tion to him as if he had gained the assent of all his credi tors. The simple form in which the deed shall run is to this effect, that he conveys all his estate and effects to cer tain trustees, to be by them collected, applied, and adminis tered exactly as if he had been regularly adjudged a hank• rupt. With regard also to deeds of arrangement after bankruptcy, I have incorporated some provisions from the Scotch system, in order to facilitate a change from the pro - cess in bankruptcy to proceedings by private arrangement. Such is the measure which I submit to this house for its ' approval. It must be recollected that we have at present a most artificial system. It is impossible, as I have already said, to sweep that system entirely away, and substitute for it a perfectly new one. All we pretend to do is to remedy its worst defects, to remove its undoubted griev ances, and provide the means whereby, without incurring the expense of all its present formal modes of proceed ing, the creditors may easiest obtain the property of the debtor for the satisfaction of their just claims. If these pro visions work well and satisfactorily, I venture to anticipate that the charges of bankruptcy, where bank ruptcy exists, will be diminished by one-half; but I hope that bankruptcy will seldom be resorted to, and that only in case of absolute fraud and delinquency. I hope that the mode of administering debtors' estates by private arrangement, incorporating as it does all the prin ciples and appliances of the law of bankruptcy, will be the general rule, and the formal process of bankruptcy the ex ception. t for ti u on n .Y tu o n u a c t a e tansnotte of thehavea lawbet th toril a l n iustsraptrieosnenotef presented the e contrast between the number of cases of bankruptcy and the cases of composition. It proves to you this great truth, that whenever your law is not in harmony with the exi gencies of society—it has the effect of driving the people out of their courts of justice into the by-ways which are still open to them, in order to secure those advantages which they ought to be able to obtain in a more legitimate manner. The cases of composition amount to between 8,000 and 10,000 a year, while the bankruptcies and arrangements bUiCIW the cehtrel of the Ge4rte oeldera exceed 1,000 we I 1,100. This only shows the great preference among credi tors for private arrangements, even although under the pre sent state of the law the trustee in such a case cannot have the expeditious remedy which this Bill will allow, and, although the only mode of seeming the duo performance of the trust is by a resort on the part of the creditors to the Court of Chancery against the trustee. In spite.of these disadvantages, creditors have preferred to incur all the inconveniences of deeds of private arrangement. Not that the law of bankruptcy itself is wrong, but that there are impediments to its proper administration. I have thought it right to address myfelf to aid that which appears to be the general impression among the commercial corn munity, and which in the abstract nature of things must be most desirable; for if a debtor comes and surrenders his property and is willing to account, what do you want with a Bankruptcy Court ? It is quite sufficient that there should be a facile remedy to compel the administration and per formance of a trust when it is once created. Upon that ground, therefore, I trust that that portion of the Bill which applies the law of bankruptcy to deeds of trust and com position, and admits of the parties to them being placed in the same relative position, and subject to the same juris diction as if there had been actual bankruptcy, as if the trustees were assignees, and as if the creditors claiming under the deed had proved in bankruptcy, I say, I trust and believe that portion of the bill would be found most useful and efficient. It is upon that portion of the bill that, as a question of finance I hope to meet with the approval of the House. At present the House is aware that the Court of Bankruptcy is in constitution self-supporting. Ido not propose to interfere with that principle, except in two par ticulars—one with respect to the salary of the chief judge, which I propose shall, like the salaries of other judges employed in the administration of public justice be paid out of the public revenue, and the other is the unfortunate portion upon which the former bill in a great measure suffered shipwreck. In the former bill I proposed, in conformity with the recommendation of the commissioners and in conformity with repeated suggestions of former commissions—that the compensations granted in 1831 to officers who were then discharged from their duties, and which compensations were charged upon the bankruptcy fund—most unjustly, as I think, because it made future generations of creditors pay for the faults of the law, and the improper mode of its administration previously existing —I proposed that these compensations should be thrown upon the Consolidated Fund. The House did not agree to that proposition, but did, I think, agree that the compensa tion should be defrayed by annual votes of Parliament. I hope gentlemen who listen to me will understand that my bill creates no compensation at all. I am only dealing with com pensations given nearly 30 years since —(hear)—and I am only acting in accordance with common justice, in order that we may accomplish that result, without which all re forms are idle—namely, the introduction into the adminis tration of the law of bankruptcy the principles of economy and cheapness which are absolutely necessary, for if yoUtax creditors to the extent of 33 per cent., as at present, you compel them to resort to other remedies rather than seek a court of justice for relief. The Bill will, I trust, be in the hands of hon. gentlemen by Wednesday morning, and I trust that if they give me leave to introduce it now, they will accompany that favour with another, by permitting the bill to proceed with all possible expedition—(hear, hear) —and I hope that, with the assistance of the house, the Bill will before we part for the Easter holidays have gone through committee, and may be transmitted to the other house before the end of the next ensuing month. I have now only to thank the house for its kindness in listening to me, and trust that it will not consider me to have unnecessarily trespassed on its patience. (Cheers.) The hon. and learned gentleman concluded by formally moving for leave to in troduce a Bill to amend the laws relating to bankruptcy and insolvency. Mr. HADFIELD felt authorised, in the name of the commercial communities of this country, to tender their thanks to the hon. and learned gentleman for bestowing so much care and attention upon this important subject. (Hear, hear.) He was glad to find that the hon. and learned gentleman intended to proceed with the bill expeditiously, and hoped, as this was no party measure, that members on both sides would assist in that desirable object, even if one or two morning sittings should be necessary for the purpose. He was glad to find that the old objection against submitting non-traders to the same law as traders had not weighed with the Attorney-General, and, for his own part, he believed non-traders would benefit by the change. Let non-traders keep accounts and exercise cau tion in making contracts as commercial men were obliged to do, and there was no reason why an exclusive law should be created for them. He rejoiced, too, to hear the learned Attorney-General's opinion on imprisonment for debt, as, from his experience, he had arrived at the conclusion that the system should be got rid of as soon as possible. He felt bound to express his obligations to the Attorney-General, and to assure him that the bill would be very satisfactory in lt.'s main features to the commercial classes. (Hear.) Mr. MALI N S said thero wa's scarcely anything which had fallen from the Attorney-General in which he did not entirely concur. Many of the provisions of the bill had already received the sanction of the house. They had una nimously approved the principles of having a chief judge and of abolishing the classification of certificates. The part to which there was the greatest opposition was that which affected non-traders. But, as he understood, non traders would bo protected by due notice being required, and by judgment being first necessary upon any debt in re spect of which they could bo made bankrupt. He inter preted the empty state of the benches usually occupied by country gentlemen as an indication that their alarm had been removed, and that they would not offer any very for midable opposition. The true principle, he apprehended, was to make the law of debtor and creditor with regard to traders and non-traders uniform, and to provide that all classes who became insolvent should render up their pro perty and be restored to a capacity to acquire future pro perty. He thought it exceedingly rational that in cases of great impropriety the judge should have the power to make future-acquired property liable for debts. He regarded with some degree of distrust the great diminution of the powers of official assignees, as he thought great advantage had arisen from assets being in the hands of persons holding an official position, who could not use them for their private purposes. He concurred in the advisability of going on with the bill as soon as possible, but he suggested that the Attorney-General should fix some moderately distant day for the second reading. Mr. CRAWFORD said it would ill become one who was unacquainted with the principles of law to offer any criti cism on the luminous speech of the Attorney-General, but as he represented the largest commercial city in the world, he should fail to do justice to their feelings if he did not take the earliest opportunity of tendering to the hon. and learned gentleman their thanks for the manner in which he had dealt with the question. (Bear.) He agreed with the hon. member for Sheffield that it was not a question of party politics. The notice was now in the hands of the house, and he hoped Parliament would as soon as possible pass this bill into law. (Hear, hear.) Mr. WALPOLE said—l very much concur in the ob servations which have fallen from the kon. gentleman who has just sat down. This bill is one upon which no party question arises. It is a bill of the utmost moment to the commercial classes, and it should be proceeded with in a temper and with an expedition to enable it to pass into law. (Hear.) With that object in view, Ide not quite concur in the observations of my hon. and learned friend, inasmuch as I think it better that the second reading should be put for an early day, and that the committee should be post poned to such a period as will enable the people to examine the details of the measure. (Hear.) That there may be no mistake upon the points which will arise on the second reading I will state briefly what I consider are the objects of the bill. I conceive those objects are, first, a speedier and more economical administration of the bankruptcy laws; second, as a consequence of that, increased facility to private arrangements, compositions, and agreements between credi tors and debtors; third, a gradual approximation to the abolition of the punishment of imprisonment as the means of getting satisfaction for a debt; and fourth, a gradual assimilation of the laws of bankruptcy and insolvency, go that the same principles shall apply in futuie to the trader and non-trader. These aro the four great points involved in the bill, and it is obvious that if gentlemen agree mainly on those points the second reading may be fairly assented to on an early day, and the details considered when the bill has been in the hands of the public. (Hear, hear.) I will not enter into any discussion of those points at the present moment, because I think it is almost unfair to the Attor ney- General that we should throw doubts on portions of the bill until we are satisfied from examination of the bill itself that those doubts aro well founded. The luminous exposi tion which the hon, and learned gentleman has made of the whole of the measure, also, is such as to preclude the possibility of cavil at this stage. (Hear, hear.) If I throw out one or two suggestions it is more with a view to keep them open for myself in future discussion. In the general objects of the bill I most heartily and entirely concur. The points which I should like an opportunity of considering are these :—first of all, with regard to the administration of the law, whether it would be wise to place the adminis tration of bankruptcy in the County Courts—whether we cannot acquire a facility of administration independent of those courts. The reason that I have a doubt on this point is that the County Courts ought to be kept as litigant courts. Bankruptcy is essentially an administrative court, and there must be great difficulty, though I do not say it is impossible, of reconciling those two kinds of juris diction in the same court, without detriment to the court to which the two jurisdictions are referred. I entirely approve, also, of the provision that where a debtor has been guilty of misconduct the court should have power to come upon any property which he may subsequently acquire. As to the mode of trying offences, lam not quite sure that I understood my learned friend. It seemed to me that he proposed that a case of misconduct should be trans ferred, if the debtor demanded it, to a court of law where it would be heard before a jury, but that where no such de mand was made by the bankrupt the case should be pro ceeded with before the chief judge. I,VOuld suggest that such cases should not be removed from the Bankruptcy Court, but that the chief judge should have the assistance of a jury. I would confine the trial to the court that is to administer the property; but I think it is due both to the judge and to the bankrupt that the assistance of a jury should be called in. (dear.) t will nut, go hit° lie grave question of the gretbild abelitio>w of P 44441914 kg kV, nor the equally if nut more important question of the assi milation of bankruptcy and insolvency, because my learned friend has treated those subjects so clearly, and has alleged such forcible reasons for the propositions he has made, that I think they must meet with general approbation. (Hear.) I will say no more, except that I hope my learned friend will receive all the assistance the house can afford him in promoting this measure, and that, after all the changes that have been made in the law of bankruptcy, and after all the dissatisfaction that has been expressed as to the admi nistration of a matter so important to a mercantile people, he may be able to identify his name with a measure that will be at once satisfactory and permanent. (Hear, hear.) Mr. JAMES concurred with the right hon. gentleman in trusting that the learned Attorney-General would be able to proceed without delay to the second reading of the bill. He would not utter a word that might be deemed fulsome praise of the Attorney-General for the very lucid manner in which he had explained the measure to the house. There were one or two important principles involved in it which would re quire the serious consideration of the house. One of these was the new plan, which he believed would be an improve • ment, of allowing creditors to settle their own affairsamong themselves. It must not be forgotten, however, that al though the system of official assignees had proved costly and troublesome at the first, it had led to the collection of large amounts and long arrears ; and that cases were well known where creditors' assignees had retained large sums in their possession for a very long period without dis trituting them among the creditors. Abuses of that nature might, however, be guarded against by a stringent system of audit. There were, he conceived, safeguards in the present bill which entirely removed the just objections urged against the assimilation of bankruptcy and insol vency in the measure of last session. He approved the power which the judge was to have with regard to pro perty afterwards acquired. It would be the duty of the judge to consider not merely whether the debtor had con tracted the liability in a fraudulent and improper manner, but also whether the creditor's share in the transaction would bear investigation—for if there were extravagant and fraudulent bankrupts on the one side there were also grasping and avaricious creditors on the other. (Hear.) The courts of law and equity frequently brought to light the most monstrous conduct on the part of creditors against young men with expectations of future means. He recol lected a case in which a debt of £520,000 was alleged against a young man who declared that the only portion of that sum he had ever received was £5,000, which had been advanced by a Jew money lender; but by renewals and in terest the debt had risen from £5,000 to the enormous amount he had stated. If non-traders were-to be brought under the bankruptcy law, they ought to be protected from the extortion of avaricious creditors, and he believed the measure of the learned gentleman would secure that end. Mr. TURNER hinted that the lawyers and the merchants had somewhat diverse interests in this question. The lawyers were the cats and the men of business the mice. (A laugh.) What the mercantile community sought was that where a bankruptcy was duo to misfortune the bankrupt should receive honourable acquittal, and that the creditors should be enabled to realise speedily and inexpensively whatever property was left. He expressed general approval of the bill of the learned gentleman, and hoped its progress would not be delayed. Mr. MELLOR believed that the measure now proposed to the house obviated the objections raised against the former one. That portion of the bill which gave creditors power to make arrangements by a vote of the majority, without the interference of the court, met with the warm approbation of his constituents. Mr. ROEBUCK observed that the learned Attorney- General had stated that there was nothing about compen sation for suppressed places in his bill ; and wished to know whether he intended to make any provision for the official assignees who were to be deprived of their situations The hon. member for Manchester had alluded to a supposed an tagonism between lawyers and commercial men, and had spoken of the former as cats and the latter as mice. He begged to remind the hon. gentleman that in doing so he had placed commercial men in the category of vermin. (A laugh.) Mr. PAULL hoped that the Attorney-General would take means to secure one at least of the Government nights of each week for the consideration of the bill. (Hear.) The ATTORNEY-GENERAL thanked hon. members on both sides of the house for the manner in which his humble effort to amend the laws of bankruptcy and insol vency had been received. This measure was one almost entirely of detail, and he should not consider that its second reading pledged the house to anythi ng more than the simple proposition that the administration of the law of bankruptcy required amendment. He had quite felt the force of the doubt which had been suggested by his right hon. friend the member for Cambridge as to giving juris diction in bankruptcy to the County Courts ; but his right hon. friend would observe that he gave to those courts no greater powers than they already possessed, except as con cerned that voluntary jurisdiction, if he might so express it, which they would receive by the vote of the creditors. If the hon. and learned member for Sheffield referred to the reports of the speeches which were made upon the measure for establishing official assignees, he would find that those officers were appointed upon the hypothesis that the in come received by them in London would be about £BOO or £lOOO. The returns which had been made by themselves for a series of years showed that the income received by them in London had been about £l,lOO a year. This bill proposed to make allowances to official assignees, which would give them in London a maximum of £1,200, and in the country of £l,OOO a year. They would also be relieved from the responsibility of being liable to the costs of suits that might be brought against them, and there. fore he thought that the proposition which was to be made would leave them little grounds for complaint. The bill which he introduced last year was allowed to be read a second time pro forma, and under those circumstances he should venture to ask the house to allow him to take the second reading of this bill on Thursday, not that there might be a debate, but that the house might more rapidly go into committee, where there must necessarily be much discussion. In committee he trusted that the bill would receive such consideration that we might not two years hence find our selves in such a situation as that in which we now stood with reference to past changes in the law. (Hear, hear.) Leave was given, and the bill was subsequently brought in and read a first time. _ _ _ THE SUN, LONDON, TUESDAY EVENING, FEBRUARY 12, 1861, COPYRIGHT IN WORKS OF ART. The ATTORNEY-GENERAL explained that the notice of his intent ion to move for leave to introduce a bill upon this subject had by an error been placed upon the paper this evening. He should make that motion next Monday. Mr. CARDWELL obtained leave to introduce bills for the registration of births, marriages, and deaths, and for the better regulation of markets and fairs in Ireland. BANKRUPTCY COURT. On the motion of Mr. MURRAY, returns were ordered of the revenue and expenditure, balances, and the number of sittings of the Court of Bankruptcy for the year 1860. CHATHAM DOCKYARD. Lord C. PAGET moved for leave to bring in a bill ena bling the Admiralty to acquire property for the enlargement of her Majesty's dockyard at Chatham, and to embank part of the river Medway. The immediate object of the bill was to enable the Admiralty to close St. Mary's-creek, near Chatham, with the ultimate object ofenlargingthe dockyard in that direction. When the naval estimates were brought in he should state the amount that would be asked for this purpose, and describe the plan of the works proposed. Sir F. SMITH was glad the noble lord intended to introduce this bill. No arsenal required enlargement so much as .Chatham. In the last session he had himself brought in a bill on the subject ; an enlargement of the works at Chatham was proposed so long ago as 1814, and he be lieved the plan then suggested was the best ever devised. No doubt the Government had some other to bring forward, but in a great work of this kind plans ought to be called for from the most eminent men of the day, and thoroughly dis cussed by the Government or a committee of the house, that they might know exactly what they had to deal with. The question of acquiring the land he perfectly agreed with, and should support the proposal ; but he hoped the plan of the works in detail would be laid before the house. If the arsenal of Chatham had been extended some years ago, they would have saved the immense outlay of money at Woolwich and Deptford—places incapable of defence. Chatham, with proper works, could be better defended even than Ports mouth. No doubt, a large amount would be demanded, both in the present and succeeding years to divert the Medway, embank it, and enclose St. Mary's Creek; but if it was in tended to increase the navy by the addition of large vessels, they must enlarge their docks to receive the ships of in creased dimensions. There was no locality better adapted for such docks than the Medway, provided Government made itself certain that the liver was not silting up, or that the present depth of water could be preserved by dredging. He hoped the house would be well informed of the extent and plan of the works to be carried out. Mr. WHITE observed there were only seven,members present on the Opposition side of the house, and about a dozen on the Ministerial benches, most of them members of the Government. He supposed the noble lord's elo quence had been frozen by the empty appearance of the house; but he ought to have told them a little more about the bill he asked leave to introduce ; other Government measures that had been introduced that evening had been explained at considerable length. He should,:not be surprised if hon. members were told next year this was part of the £75,000,000 they were spending ; and it would be thrown in their teeth that they were not in their places when the bill was brought in, doing their duty by watching the action of an extravagant Government. When the noble lord was asked why the Admiralty had dismissed a large number of the workmen at present em ployed in the dockyards he stated that the Government were now building ships in private yards. If experience had shown that ships could be built more cheaply in private yards than in Government establishments, the noble lord ought to give good reasons when he asked for an extension of the dockyard system. He (Mr. IN kite) thought the whole system a blunder. When the noble lord was on the other side of the house he was most eloquent in denouncing it. He proved satisfactorily that vessels could be built cheaper and better in private establishments than by the Govern ment. or if net better, certainly cheaper. The noble ought to have given'some oxplanatiun of the plan, before afilrjPg the 139114 Q t 9 Gen e t eyeu tg , the lAtiValiNti9ll of the bill. But in the present state of the house he would not divide against it. Lord C. PAGET said the reason he did not raise a dis • cussion on the subject at present was that in a few days the Navy Estimates would bo produced. He should then have to ask an inconsiderable sum of money, which, how ever, he was bound to say, would be only for the commence ment of a very large work. It was then his intention to lay before the house a general plan of that work. He could not promise to produce a plan minute in all its details, but it would be sufficient to give the house a general idea of the whole plan proposed by the Government. The object of the bill was not to enable the Admiralty to purchase more than a very small portion of land, and he doubted whether it would necessary to purchase any. The main object of the measure was to enable the Government to reclaim Bt. Mary's Island, by which ran a creek, little used, but which it would be necessary to appropriate for the purpose of en larging the dockyard. He assured the house ho would not conceal from it any of the ultimate intentions of the Government. Leave was also given to Lord C. PAGET to bring in a bill to enable the Admiralty to acquiry property for the enlargement of the Royal Marine Barracks, in the parish of East Stonehouse, in the county of Devon. The bill was read a first time. LAW OF LUNACY. Sir G. C. LEWIS (in answer to Mr. WALPOLE) said that a bill to amend the law of lunacy was in preparation, and he hoped to bring it in on a tolerably early day. He might also state that tha Lord Chancellor intended tobring in a bill on the subject of Chancery lunatics, which would be a separate measure. RED SEA AND INDIA TELEGRAPH CO. BILL. This bill was brought in and read a first time. The house adjourned at a few minutes before 10 o'clock. COUNTRY MA BEETS. COLCHESTEIt -FZE. 9. A fair supply of wheat and barley; best samples taken readily at the full prices of last week. Beans ai;ld peas in demand for seed. Wheat, white 6oa to 68s 1 Beans, Mazagan..36s to 42s red 44s to 60s I Middle & small 44s to 508 Barley 4os to 48s I White peas 48a to 52, Oats —s to —a I Grey.. 42 , to 48a CHELMSFORD-FEB. 9. A fair number of samples of wheat on offer, but the condition was bad. A few dry samples realised last week's prices; for those out of condition few buyers could be found. Spring corn stationary. Wheat, white 398 to 63s Peas, Partridge ..43s to 44s red 48s to 60s White 435 to 46. Barley 31s to 43s Boiling 43s to 47s Chevalier ....3os to 47s _ Dun _ 39s to 42s Grinding Malt 6ls to 67s Harrow Ticks 37s to 47s Chevalier 64s to 69s Mazagan 30s to 41s Oats 26s to 31s NORTHAMPTON-FEB. 9. At this corn-market the wheat supply was rather small, with an inactive demand, prices ranging from 63s to 69s for old, and 47s to 63s for new. In barley a good business, malting 38s to 455, grinding 32s to 36s per qr. Oats in small supply, and prices as ► efore—quoted at 24s to 40s per 24 stone. Beans, old, 52s to' 56s ; peas, 408 to 525. Rye, 37s to 42s ; malt, 68s to 72s ; flour, 33s to 34s per sack KIRKALDY—FE . s. 9. — We had only moderate supplies to-day of wheat and barley, but go( dof oats. Last week's rates advanced is on wheat, and barley was in. favour of sellers ; oats as dear. Wheat Barley Oats First.... 34s Od 32s Od 22s Od Second.. 66a Od 429 Od 29s Od Third 61s Od 43s Od 32s Od COAL MARE terloes of Coal per Ton at e. d. .ET—FEB. 11 the close ©t the market Wane End.: Byass's Bebside West v~V Hartley . ..17 0 Davison's West Hart- Harton 19 6 Ke110e.... ..... 2l 0 Eden Main ..20 3 South Hetton 22 0 Cassop 2O 6 Haswell..... 22 0 Hartlepool.... 2l 9 Acorn Close 19 6 Heugh 6 Franowellgate 19 6 Stewart's 22 0 Hetton South Hartlepool 20 9 Thorpe .. ..19 9 Trimdon Thornley....lB 9 Thornley .lB 9 Carway and Duffryn Malting ley ....17 0 Lambert's West Hart- ley 16 9 Tanfield Moor 16 3 Tanfield ➢Moor Butes l6 3 Wylam.... Bower's West Hartley 17 0 Walker Primrose 14 9 Londonderry Gas l4 6 Holywell 17 6 Benton's West Hartleyl6 0 Hastings Hartley l6 6 Buddle'sWest Hartley 17 0 155; sold, 119. Walls End. Wharncliffe l9 6 Pittington l9 6 Ships at market, 2'.1:1B MAILS. MAILS DUE. Australia, Ceylon, and Mauritius (via *South ampton) Do. v .. • . • ( • .. Feb. 18. ia Marseilles) Feb. 12. Brazil and Cape Verde .. Overdue. Buenos Ayres, Monte Video, &o. Feb. —,. Cuba and Mexico .. Feb. 13 Canada ' &c. (via L'derry) 4 , . Feb. 6. Cape of Good Hope, &c. March 1. China, Penang, and Singapore (via S'ampton) Feb. 18. Do (via Marseilles) Feb. 12. Gibraltar (via Southampton) .. Feb 10. India (Calcutta), Ceylon, &c. (via Southampton) Feb. 18. Do. (via Marseilles) Feb. 12. India (Bombay), (via Southampton) .. Feb. 10. Do. (via Marseilles) .. Feb 20. Lisbon .. • • • • .. .. Feb. 11. Malta, Egypt, and Aden (vie Southampton) .. Feb. 10. Do. (via Marseilles) .. Feb. 12. Vigo, and Oporto .. Feb. 11. United States, California, &c. Feb 14. Western. Coast of Atrica, Madeira, Teneriffe .. Feb. 10. West Indies and Pacific, Carthagena, Cuba, &c, Feb. 13. LADVERTISTMENT.]—Nothing can be more interesting than the numerous extraordinary cures without Medicine by Du Barry's delicious Health Restoring Revalenta Ara bica Food. We give a few :—Winchester, December 3, 1847.—Gentlemen,—I am happy to be able to inform you, that the person for whom your Revalenta wa s p ro c ure d b as derived very great benefit from its use; distressing symp toms of Dropsy, Dyspepsia, and Constipation of long stand ing have been restored, and a feeling of restored health in 'duced.—James Shorland, late Surgeon, 66th Regiment. Cure No. 48,314—Miss Elizabeth Yeoman, Gateacre, near Liverpool : a cure of ten years' dyspepsia, and all the hor rors of nervous irritability. Cure No. 46,814—Mr. Samuel Layton, Lei ester, of two years diarrhoea. Cure No. 52,612—The Dowager Countess of Castlestuart, of many years nervous irritability, bile, and indigestion. Avoid Pills and Medicines : they invariably aggravate and perpetuate diseases ; their annoyance, disappointment, and expense may be avoided by using Du Barry's Feed which, at a few pence per day, saves 5C times its cost in other remedies, removing effectually, la .thout purging, constipation, indigestion (dyspepsia) nervous, bilious and liver complaints and all their consequences. Certificate No. 36,418. We find it the safest remedy. Andrew Ure, MD., F.R.S. Dr Harvey, Dr. Wurzer, Dr. Shorland, • Campell. Let invalids avoid the fearful Dr, dangers of spu rious and injuriou- imitations offered under a variety of false pretences. Nevill's imitations ar,e prohibited by the high Court of Chancery under a penalty of £5,000 against Alfred Hooper Nevill and his agents ; And the pretences that Nevill has a patent for Arabica Food and that Du Barry's are connected with such patent ave utterly false. No canister is genuine without the name Barry Du Barry and Co., 77, Regent-street, in full, ontheseal and wrapper. Shopkeepers who attempt imposition in one article must expect to be distrusted in all others. Packed in tins lib. 2s. 9d.; 21b. 4s. 6d. 51b. 11s. ; 121 b. 225. ; 241 b. 40s. The 121 b. and 241 b. canisters are sent carriage free on receipt of Post-office order by Barry Du Barry and Co., 77, Re gent-street, London; Fortnum Mason, and Co.; Abbit, 60, Gracechurch-street ; 4, Cheapsido ; 63 and 150, Ox bard-street ; 330 and 45.1, Strand ; 49 and 60, Bishopsgate street ; Batty, 16, Finsbury Pavement ; Phillips and Co. tea-dealers; Petty, Wood, and Co., King William-street, City , at 127. HMI HolhonP: and all grocers, LADVERTISEMENT.I—HoIIoway's Ointment and Pills...— Woman's Trials.—Nothing so systematically weakens the human constitution as the suspension of any functiot. Mothers should pay particular attention to the health of their daughters at that time when neglect will inevitably produce constitutional debility. The .commencement cQ this derangement is usually discovered by the development of certain nervous symptoms, which will gradually pass away if Holloway's Ointment be well rubbed twice a day on the back and abdomen, whilst his. Pills are taken in appro. priate doses. This treatment safely corrects every faulty function. The most obstinate eases cannot long resist the wholesome and restorative powers of these active remedies if used with perseverance, and assisted by proper diet and moderate out of door exercise. BIRTHS. HARDING.—On the 9th inst., the wife of J. E. Harding, Esq., 15, Bridge-street, Southwark, of a son. HUTCHINSON.—On the 10th in.t. at Government House, Devonport, the wife of Major-General Hutchinson, pre maturely, of twins, stillborn. WAKE.—On the 9th inst., at Devonport, the wife of Capt. Charles Wake, R.N., of a son. MARRIAGES• BRACKENBURY—MORLEY.-011 the sth inst., at Kensing ton Church, Henry Brackenblizy, Esq., Royal Artillery, youngest son of the late William liackenbury, Esq., of Usselby Hall, Lincolnshire, to Emilia, widow of the late • Reginald Morley, Esq., and daughter of Edmund Helt. well, Esq., of Kensington .gate, Hyde-park. DANIES—CLUNES.—On the 11th inst., at the National Scotch Church, Halkin-street,Belgrave-square, Mr. W. H. Davies, Peninsular and Oriental Co.'s Service, Aden, to Janet, daughter of Mr. W. Chines. DEATHS. ADA3ISON.—On the Bth inst., at 21, Church-street, Isling ton, Mr. Thomas Adamson, aged 61. BENCE.—On the 9th inst., at Thorington Hall, Suffolk, Colonel Henry B. Bence, aged 73. CARTWRIGHT.—On the Bth inst., at Bethnal-green, the Rev. J. B. Cartwright, M.A., aged 64. MALLET.—On the 9th inst., at Hampstead, John Lewis Mallet, Esq., late Secretary to thl Board of Audit aged 96. MARKETT.—On the 10th inst., at Chertsey, Surrey, Lient John Markett, R.N., aged 63. POTTER.—On the Bth inst., at 17, Blonafield-terrace W. the Rev. John Phillips Potter, M.A., of Oriel College, Oxford, aged 68. LONDON : Printed and rublislied by .11.1.URDO YOUNG, at . No. 312, Strand, Printer, at Tilt SLN Office, No. 112,8trand, in the Precinct of the Savoy, ih the Minty et Aliddleoext Titeiclay i k:CDTRUY 1;1861.. • =I