The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1879-02-22 00:00:00

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IMPERIAL PARLIAMENT,
In the HOUSE OF LORDS, Feb. 17, Lord De la Warr
brought under the notice of thoir lordships the state of the
law with regard to the liability of employers to make com-
Pensation for injuries to persons in their service. He pro-
posed a change which would not alter the principle of the
law, but wouid only adopt it to changes which had occurred
and were still going on. At present the employer was liable
to persons in his employment for injuries to them the result
of his own negligence. As the greater number of employers
did not personally superintend their own business, and were
not liable to their workmen fsr injuries caused by the
negligence of their overseers or foremen, he now laid a
Bill on the table, the objsct of which was to attach to em-
ployers the latter kind of liability..
The Lord Chancellor did not think it necessary to discuss
this important and difficult subject, as the Government
would deal with it by a Bill of their own during the present
Session.
The Bill laid on the table by Lord De la Warr was read a
first time.
The Lord Chancellor then proceeded to call the attention
of the House to the subject of the Bankruptcy Laws. He
commenced by pointing out that at different times there
had been two different systems of administering the estates
of bankrupts—the one by means of the constant super-
vision of a Court, and the other by the supervision and
management of the creditors themselves. The latter was
the one which had found most favour in recent years, and
on it was based the Bankruptcy Act of 1869. Now, though
nothing could seem better than that system in theory, it
had not, as at present worked, proved at all satisfactory in,
practice. A certain class of persons appeared to have dis-
covered that the office of trustee of a bankrupt's estate might,
under the present system, be made a very profitable appoint-
ment, and they laid themselves out to procure it. Creditors
as a body were supine, and the persons to whom be re-
ferred, by means of a pocketful of proxies, got them-
selves voted into the office of trustee. The same
proxies served them throughout the term of their office,
and thus any one of those persons was able to vote himself
trustee, fix his own remuneration, appoint his own com-
mittee of investigation, pay himself his own costs, and, in
liquidation, vote the deetor's discharge. The same person
had sometimes been found to be trustee for as many as 20 or
30 bankrupts. The inquiries made by the committee ap-
pointed to investigate the working of the Act of 1869, and
the report of the Controller in Bankruptcy for the year 1877,
brought to light some extraordinary facts. In liquidation by
arrangement there was no security for the integrity of the
trustee, nor was there any audit of accounts; and it was a
significant circumstance that in 75 per cent, of the composi-
tions under the existing Act the payment to creditors had been
under five shillings in the pound. In a large proportion
of them one o rtwo shillings in the pound was the amount
of composition. In 1870 the number of bankruptcies was
1,351, and the number of compositions and liquidations by
arrangement was 3,651. In 1877, which was eight years
after the passing of the Act of 1869, the number of bank-
ruptcies had fallen te 967, while the number of compositions
and liquidations by arrangement hadirisen to 8,966. That the
total of insolvencies was greater in the latter than in the
former year could not, he contended, be traced to the state
of trade. That increase and the great change in
the relative proportiens of the number of bankruptcies and
that of compositions and liquidations by arrangement were
remarkable fairks in connexion with the present system. He
found, too, that to pay liabilitities amounting to 20 millions
there were &swiss amounting to three and a-half, and that
"bad debts" in England alone, excluding the other portions
of the United Kingdom, reached the figure of 18 millions a
year. These were the "bad debts" brought within the bank-
ruptcy Aet, and they represented a tax to that amount which
must be paid by the paying portion of the community. In
1877 there were six millions of money in the hands of
trustees, and only half a million of that was in the hands
of bankruptcy trustees and so under the control of the
Court Raving stated further details to show the evils
arising from the practically irresponsible action of trustees,
the noble and learned lord came to the remedies pro-
posed by the Government. First, a check would be put
on the present power of selecting his Court possessed
by the debtor. The Court most convenient for the
debtor might not be the one most convenient for the
creditor,. Next, as to adjudication, the first process
would be a provisional order, under which the property
of the debtor would be secured, and a meeting
of creditors would be called to consider his conduct and
what course should he taken. The creditors might resolve
that he should be immediately made bankrupt, or that
there should be a further investigation, or that the estate
should be wound up under deed. Proxies would be used
only by permission; the trustee would be appointed, not
by the general body of creditors, but by a commitee
of investigation; and any trustee who was discovered to
have canvassed for his office would be deprived of his
remuneration. The certificate might be suspended if it
were shown that the bankrupt had not kept books,
or had, in certain ways which the noble and learned
lord enumerated, recklessly traded during the three years
preceding his bankruptcy. Trustees must pay in the moneys
in separate accounts for each bankruptcy; and, except on
special permission, only a year would be allowed for pay-
ment in after the receipt of money by a trustee. No arrange-
ment by resolution would be allowed; it must be by deed,
which must have the sanction in writing of the majority of
the creditors. The bankruptcy district of Louden would be
enlarged, and an additional Judge, whose first duties would
be in connexion with bankruptcy, would be appointed to
the Chancery Division of the High Court of Justice.
The Bankruptcy Judge would have' power to try misde-
meanours committed by bankrupts. A composition deed for
leas than 55. in the pound would not be registered. Creditors
could suspend a composition deed and proceed in the Bank-
ruptcy Court; and they could remove a trustee. The trustee
of every deed of composition must account to the Court.
Several minor changes would also be made by the two Bills,
which be now asked their lordships to read a first time, and
which would represent a whole code of the bankrnptcy law.
Lord Penzance expressed his approval of the proposed
changes generally, and especially of the provision aimed
against fraudulent trading.
The two Bills were then read a first time, and the second
reading was fixed for next Monday week.
In reply to Lord Ripon, the Duke of Richmond and Gordon
said that in the present Session he would introduce a
measure relating to the conservancy of rivers.
Their lordships adjourned at a quarter before seven
o'clock.
In the HOUSE OF COMMONS several notices of motion were
given.
In answer to The ()Donoghue, the Chancellor of the
Exchequer said that the Government had determined not
to deal this Session with the question of Irish University
Education.
In answer to questions from Sir G. Balfour and Sir G.
Campbell, Colonel Stanley stated that one of the batteries of
Royal Artillery going to South Africa will take 9-pounders
With it, and that it is not intended to employ Native troops
from India.
Mr. Blake having asked as to tie legality of the Clergy
Co-operative Stores, the Attorney-General, in an amusing
reply, gave an opinion that as they were not combinations
for carrying out an unlawful object in an unlawful manner
they were not illegal at Common Law, anti as to Eccle-
siastical Law—though be spoke with less confidence—he be-
lieved that as long as the "very reverend" and " reverend "
members refrained from personally " officiating " at the
Stores they would be safe.
Mr. Stacpoole asked whether tkere was any foundation for
the report put forward in Euglish and Irish journals favour-
able to the Government policy that a Royal residence is to
be established in Ireland with the view of appointing the
Duke of Connaught permanent Prince Viceroy of Ireland,
and the Chancellor of the, Exchequer said be was not aware
of any foundation for them, as tne Government was not in
the confidence of the newspapers referred to.
In answer to questions from various members it was
stated that the Government will bring in a Prevention of
Fiends Bill and a Copyright Bill this Session, and that the
Gas Companies and Electric Light Bills of the Session will
be referred to one strong select committee.
Sir Stafford Northcote then formally moved the postpone-
ment of all business on the paper prior to his resolutions in
reference to the conduct of public business, and a long and
uninteresting discussion took place upon the small points
whether it was advisable to consider the resolutions then or
on a future day, or whether they should be discussed in the
House or in committee.
The resolutions were placed on the paper on Friday, and
ft was urged by Sir C. Mike, Mr. Mitchell Henry, Mr.
Anderson, and many other hon. gentlemen, that sufficient
time had not been given to consider the scope of the new
rules, or the proceedings and recommendations of the com-
mittee on which they were founded.
The Chancellor of the Exchequer asked the House to go
on, as there was nothing novel nor startling in the proposi-
tions, and the Marquis of Hartington concurred in the ex-
pediency of discussing them as early in the session as pos-
sible.
Mr. Rylands moved, as an amendment, that the House
proceed to consider the resolutions in Committee forth-
with, but this proposition was negatived, on a division, by
192 to 75 votes
The House then divided on the original motion of the
Chancellor of the Exchequer, which was carried by 185 to
63.
This preliminary discussion, which had occupied an hour
and a half, over, the Chancellor of the Exchequer moved the
first of his resolutions, which proposed that on Monday
nights, when Supply was down, the House might go into
Committee immediately, instead of discussing all the
motions which, on the old principle of "grievance before
Supply," members might discuss before granting money to
the Crown.
Mr. G. Bentinck doubted altogether the necessity of
facilitating legislation, and characterised the Resolution as
an attack on the Privilege of Parliament.
Mr. Dillwyn considered that the Government proposal
should be limited to the motions on going into Committee
of Supply, and should not include the order to go into Com-
mittee of Ways and Means. An arnendnrn t to this effect,
Which he moved, was seconded by Sir C. Dilke, and accepted
• by the Chancellor of the Exchequer, alter a lengthy discus-
Zion.
The Marquis of Hartington then proposed that the resolu-
tion should be further restricted to the ordinary Army,
Navy, and Civil Service Estimates, and should not apply to
extraordinary votes; and he suggested that further facilities
for the discussion of important subjects on short notice
should be given on the report of supply.
The Chancellor of the Exchequer accepted the amendment,
but questioned the expediency of adopting the suggestion.
Mr. E. Jenkins moved to except votes on account.
On a division the amendment was rejected by a majority
of 74, the numbers being—For, 69; against, 143. The debate
was then adjourned until Tuesday.
Some other business was disposed of, and the House
adjourned at five minutes past two o'clock.

In the HOUSE OF LORDS, Feb. 18, Lord Granville inquired
wisat Government measures would be introduced in their
Lordzhip's House.
The Mike of Richmond and Gordon answered that the
Lord Chancellor had already introduced certain law Bills,
and would introduce a Bill that evening dealing with County
Courts. He himself would next week lay on the table a
measure to amend the Medical Acts, and shortly after a
Conservancy of Rivers Bill.
The Lord Chancellor then presented a Bill to amend the
law as to the County Courts of England. It would increase
the jurisdiction of the County Courts from £5O to £2OO.
Further, plaintiffs would have power to commence suits for
still larger sums, but with a right on the part of defendants
to remove such suits to the higher Courts. There was no pro-
posal in the Bill for an increase of the salaries of the County
Court Judges ; tut if, with an increase of business an increase
of the judicial strength of the County Courts became neces-
sary, the Government at a future time would ask Pants.
went to sanction it. The noble and learned lord, passing
from • the County Courts to the higher tribunals, said
there %Vero statements afloat with respect to the state of
legal business' which he was anxious to meet by statistics, in
order that misconception might be removed, In their
Lordships' House the appellate business was in a most
satisfactory condition. Neither in it nor in the Judicial
Committee of the Privy Council were there any arrears. The
same might be said of the Supreme Court of Appeal. He
had the authority at the Master of the Rolls for saying that
the Chancery DivisSon of the High Court of Justice would be
able to keep pace with its business. There were no arrears
in the Probate, Divorce, and Admiralty Division. As
to the three Common Law Divisions the Queen.,
Bench, the Common Fleas, aud the Itchequsr
their Lordships would bear in mind that Parliament had
pronounced its decision that there ought to be four gaol
deliveries in the year. Effect had been given to that de-
cision ; but as to the expediency of having those four gaol
deliveries there was a good deal of difference of opinion.
Having looked up all the time OCCupied by the Judges in trying
criminal cases at criminal assizes, he found it amounted to
150 days, which where equal to one-half or throe-quarters
of the whole judicial time of one judge within the year.
But it was said that the acquittals were so few as to render
four gaol deliveries unnecessary in the interest of the
accused. Now, as a fact, one prisoner in four of the
entire number tried at the last assizes was acquitted.
Those figures included only prisoners who had been in
custody up to their trial, and not those who bad been out on
bail. He did not think that even accused persona who were
out on bail should have to endure the hardship of waiting
three months for their trial. In fact, a return to the old
system was extremely improbable, and we must make up
our minds to the four gaol deliveries. As to the times at
which`the civil assizes ought to be held everyone admitted
that one must be held in July. It would he inconvenient to
have two civil assizes within three months of each other ;
and, therefore, the most suitable time for the other civil
assize appeared to be Jmnary. When the Judges came
pp to town at the end of February there would be continuous

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