The Express.
London, England, 1861-02-12 00:00:00

LONDON, TUESDAY EVENING, FEBRUARY 12, 1861.

IMPERIAL PARLIAMENT.

HOUSE OF LORDS.—Momma, Fan. 11.
The LORD CHANCELLOR took his meat on the woolsack at
5 o'clock.

Loral rotente presented petitions from Northampton-
shire against the unconditional surrender of church rates.
- - -

The Bishop of !UPON presented several petitions having
the same prayer.
REPEAL OF OBSOLETE STATUTES.
The LORD CHANCELLOR laid on the table a bill for
repealing a vast number of acts of parliament, as a step
preliminary to the grand object of consolidation of
the statute law.

The bill was read a first time.
OUTRAGE ON BRITISH SUBJECTS IN PRUSSIA.
The Eirl of SHAFTESBURY asked if there would he
any objection to lay on the table of the house a copy of the
correspondence which had taken place between the British
government and the Prussian government on the subject of
certain English gentlemen who had been seized by the
Pntsaian authontion.

Lord WODEHOUSE said that the correspondence was
not yet concluded. When complete, there would be no ob-
jection to its publication.

SA LiON FISHERIES IN WYMAN!).
Lord COLVILLE salted whether it wee the intention of
the government to introduce a bill this session founded upon
the report of their lordships' committee on salmon fisheries in
Scot Lind.

The Duke n( NEWCASTLE said that a bill was in ere-
parallels which would carry out the main recommendation.
el the comanittee.

INDICTABLE OFFENCPA (METROPOLITAN DIS-
TRICTS) BILL.
Tbis bill wail rasa a secood time.
RELIGIOUS PERSECUTION IN SPAIN.

The Marquis of NORMANBY, in moving fore copy of
the memorial from the Protestant Alliance Society pre-
sented to Lord J. Russell on the subject of alleged re.
lc,ious persecutions in Spain, stated that there were some
passages in the memorial which might be liable to miscou•
struction, and might be held to mean that the members of
the church of Rome were nut Christians. He should be
glad to hear if any other interpretation could be given to
throe wool'. If the noble lord at the head of the Foreign.
office sent out the memorial to the Spanish government, it
would be considered insulting.
Lord WODEHOUSE said there could be no doubt as to
the intention of the gentlemen who 'lewd the memorial,
however some particular expression might be liable to ode.
construction. Their object clearly was to complain of the
course pursued by the Spanish government, and to bring it
before the notice of the home government.
The Earl of SHAFTESBURY defended the expressions
used in the memorial whichhehadsigoed. It wasnever meant
to deny the title of Roman catholic, to be Christiania
PUBLIC BUSINESS.

Earl CR AN V 11:1.EnTO;edtii; the following noble lonia
form a committee to sit and report on the question of the
despatch of public business in their lordships house :—The
Lord Chancellor, the Lord President, the Marquis of
Salisbury, the Earl of Derby, the Earl of Stanhope, Earl
Grey, the Earl of Ellenborough, Viscount Evenley, Lord
Rol* Lord Boyle, Lord ftedeadale, Lord Colchester, the
Marquis of Clanricarde, Lord Wynford, Lord Stanley of
Alderley, Lord Chelmsford, Lord Lyvedeo, Lord Llacorer,
and Lord Taunton.

The motion was agreed to.
The noble earl also nioveil that permission be given to
the committee to communicate from time to time with the
committee of the House of Commons, which motion, after
a short conversation, was speed to.
Their lordships roes at twenty-live minutes to six.

HOUSE OF COMMONS.—Mommr, FEB. 11.
The Smug took the chair at 4 o'clock.
PETITION FROM THE CITY.
-- ... .

Mr. Alderman and Sheriff A IBM; i;tlier: Sheriff LUSK
appeared at the bar and presented a petition from the Cor-
poration of the City of London on the subject of metro-
politan markets.
PRIVATE BILLS.
Mr. W. EWART presented a petition from the Ass,-
rioted Chambers of Commerce, praying the house to in-
quire whether the mode of proceeding with regard to pri-
vate bills might not be expedited and cheapened for the
benefit of the public.
EVIDENCE IN COURT.
Sir J. TRELAWN Y called attention to • case at Roch.
dais, in which the andante of • was refused who
did not Wine In • state of future and punish-
wain. }ls inquired whether there was any intention to
alter the law.

Sir G. LEWIS said he had not heard of the case, but he
would mower it to-morrow, if the hon. baronet would put
it wiln.
Mr. BRIGHT said he understood that the county court
judge was mistakes is saving that the witness. had outraged
society, sad be had withdrawn or apologised for those
words. As the words had been quoted be (Mr. Bright)
=it it was bet fair to the judge that this should be
as the weeds imputed to him had brought down a
greet dial of biome upon him in many quarters.
Sir G. C. LEWIS obemved that he had erroneously said
that this was a criminal ease, whereas it was • civil case in
the county court.
NOTICES OF MOTIONS.
TITLES TO LAND.
Mr. V. SCULLY gave notice that on Friday he would
ask the AttereepOimend when he intended to introduce
his bill for the registry of titles to facilitate the tmosfor
of land. Usk= each bill were introduced at an early date
he (Mr. Scully) should move • resolution that it was the
opinion of that hews that it was desirable to have further
facilities for the treader of land by a proper system of
registry of titles.

Sir C. WOOD said that the loin was raised to make
good a deficiency in the payment for the railways ; and it
was to be applied to a deficiency in the Indian expenditure
at home, and which could hays been defrayed out of the
payments for railways if they had been made, au as to pre-
vent the necessity of sending that particular money which
was paid in this country from home to India, and
to have money remitted from thence for the expen-
diture at home. The railways had only paid 4.5000u01.,
instead of 7,0110,000/., and ho required nearly 3,000,0001. for
home expenditure. It was for this the loan was raised,
which had nothing to do with the income and expenditure
of India proper. The deficiency in India this year Wrn
something shove 5,000,0001. Next year new taxes would
probably give 3,000,0001., and the reduction of expenditure
would be nearly as much, so that the income and expendi-
ture would about balance.

The report was then received and agreed to.
THE RED SEA AND INDIA TELEGRAPH
COMPANY.
On the bringing up of this report by the CHANCELLOR of
the EXCHINCER.
Mr. BAILLIE wished to ask the right hon. gentleman
whether it was clearly proved that the line of this Tele.
graph Company had bee'n in complete operation during the
period of one month.
The CHANCELLOR of the EXCHEQUER said this
question referred to matters which were involved in dia.
pute, and were of great nicety, and he thought they would
be better examined by the select committee to whom he
proposed to refer the bill. He believed the fact was that
each of the six sections into which the line was divided was
in operation for the minimum term required by the contract,
bat that tbe entire line was not in operation for that period.
The report was agreed to, and leave was given to introduce
a bill founded thereupon.
THE POHTOMCE SAVINGS BANKS.
Mr. MASSEY brought up the report of the resolution
agreed to en Friday last on this subject.
Mr. SOTHERONESTCOURT said he wished to take this
opportunity of saying that this was one of those matters
do reference to the transaction of public business which
ought to be brought before the select committee to be ap-
pointed by the house. This was the second time the house
had been called upon to pass a resolution about a
matter of which they knew nothing. No doubt it
was merely • formal proceeding, and would be of
no use unless a bill were brought in and passed ;
still this formal proceedings was susceptible of great
improvement. The principle at issue was worthy of much
consideration, for no man could have heard the statement
of the Chancellor of the Exchequer without seeing that his
proposition on savings banks was pregnant with the meet
important results. In the first place, it might be said they
were running the risk of entering upon a dangerous course,
inasmuch as the government would be founding banks of
deposit on a gigantic scale, and if the scheme should sue
wed, it might affect the existing system of savings banks, as
they would god their resources exhausted. He did not
wish to throw any obstacle in the way, or doubt upon the
measure about to be laid before the house. (Hear.)
The CHANCELLOR of the EXCHEQUER said he
thought the right hon. gentleman had made these remarks
without knowing the precise terms of the resolution. Un-
doubtedly it sometimes happened that the house was in the
case of money bills called upon to consent to a preliminary
resolution which involved a considerable sum of money be.
fore they knew how it was to be applied. In this present
case the house was not called upon to do anything more
than to assent to the resolution, in order that a bill might
be introduced which would contain the whole of the plan
proposed to be passed into law. This was merely a formal
proceeding ; but d the bill were sanctioned by the house, and
Post-office savings banks were established by law, then li-
berty would be given by this bill to make certain charges
as the Consolidated Fund. (Hear, hear.)
The report was then brought up and agreed to.
BANKRUPTCY BILL.

The ATTORNEY-GENERAL, T; rising to introduce
his bill, expressed • hope that it would come under
happier auspices than awarded to its predecessor. He was
not, however, so much grieved at the disappointment of
last guano as he might have otherwise been, inasmuch as •
number of topics had arisen since, to which at was necessary
that great attention should be given. The house would
recollect that one great objection against the bill of last
session was its length, but he had sums then deferred to the
opinion of the house, and the present measure would be of
lees than half the dimensions of its predecessor. (" Hear"
and a laugh.) They must recollect, however, that the bill
of last year was • consolidating as well as an enacting bill.
The law of bankruptcy w. 4 entirely lex scripts, consisting
wholly of statutory provisions scattered through various
acts of parliament, all of which had to be consulted in order
to obtain • just idea of the law. He had felt it his duty to
endeavour to ceesolidate all these laws, and in so
doing it in sees an to include Use whole of
the written kw en the saline!. This year he had omitted
that portion of the bill, but he must own that in doing so
he had abandoned his own judgment in deference to the
opinion of the house. The object now was to introduce a
bill that was likely to pass, and probably in some future
session the house would be prepared to listen to a scheme
of consolidation. It would be remembered that one of the
great evils in bankruptcy to which the measure of last
session had applied itself was the confusion that existed be-
tween the judicial and administrative functions of the
court. They were, in fact, blended together in such a
manner asto leave the one without order, economy, or regu-
larity, end the other with wither dignity nor efficiency. The
object of the present bill was, first, to separate the judicial
and administrative functions, and to bring home to the
abode of the creditor all those duties touching the
administrative part of the law which it was necessary should
be disposed of before be was entitled to • dividend.
At the same time it warn sought to establish such • system
as should give to the judicial decisions such an uniformity
as should make them more satisfactory and respected than
et present. Another feature of the bill of this session was
to give to creditor; in bankruptcy the power of settling their
own affairs. It was believed that the moment a men
became insolvent the estate belonged to his creditors, and
that these creditors should be consulted as to the manner
of administering and disposing of it. (Hear, bear.) Not-
withstanding the changes in the law this had DOS hitherto
been the case, and not unfrequently the whole property
disappeared in its passage through the court. The bill of
last seaion sought to repair this mischief, end the provi-
des Wig retained in the present bill. Another evil which
required removal was the enormous expenses of the court. It
was, perhaps, unneceesary that he should justify a change in
the law in this respect, but he might be pemiitted shortly to
enumerate the different source* of expense which had been
established by the existing system in consequence of the
various enactments that had been passed since 1331. In
the first place there was a heavy stamp duty on the intro-
duction of the proceedings into court. Next there came
the charges of the managers, who received very consider.
able sums for what must be allowed to be very slight duties.
Then there were the fees of the auctioneers, the charges for
brokerage, the accountant's fees, the public selling fees,
fees to registrar, fees to the building fund, and an ad re-
form per center, on the assets, the effect of the whole
being to drive all large estates where possible away frail
the court. Besides this, there were the charges of the
official soignee. maintenance of the bankrupt, and allow-
' ance to the latter on a dividend; then the ex-
' espied articles, with other charges, the collective result
of the whole being often a deduction of 33 per cent. from
the estate. To remove these charges as much as possible
had been the object of the late and was the object of the
present measure. Another object of the bill of last year
was the establishment of an effective system of audit
through the medium of the official assignee, and in certain
cases to transfer the proceedings to the county courts.
Another object was the abolition of vexatious formalities
provided to give most unnecessary publicity ; and it was
also proposed to give in cases of (mud a power of awanling
suitable punishment. He thought the events which had
transpired since then in the commercial world allowed that
this was • most important provision. All these points he hoped
to provide for in the bill he was now about to introduce,
and which would contain all that he believed RSA attainable
in the present temper of the house. Undoubtedly he could
have cleared away all the existing erode at once by giving
compensation, but as that was not agreeable to the house
he must only do what was allowable without it. He must
say, however, that no legal provision could supply the
place of a proper supervision by the creditors. When
they were indifferent or apathetic they must expect a re-
petition of those enormous defalcations, which unfortu-
nately were permitted under the present state of the law to
go entirely unpunished. (Hear, hear.) He would now
proceed to give them a sketch of what a proceeding in bank-
ruptcy would be under the proposed change in the law,
and afterwards state what he proposed to do in
an entirely distinct branch, namely, the abolition
of all distinction between the trader and non-trader. The
law being now administered by numerous commissioners,
and numerous county court judges, it was felt that a better
plan would be to appoint one chief judge, so as to give
uniformity and weight to the decisions. That portion of the
bill of last year he hoped to retain. It was proposed also
then to abolish the five commissioners, but as that did Dot
appear to be acceptable he now proposed to retain the own-
mission:era. With respect to the Insolvent Court, there would
be no difficulty in the reduction, fierjesiat Murphy having
died since the bill was last before the house, and his succes-
sor having been appointed with the understanding that in
case of any change in the law he was to have no claim for
compensation. Therewonld thereforelie • chief judge and five
commissioners to despatch all the bankruptcy and insolvency
business for the whole of the London distnct, which extended
from the bottom of Norfolk on the one side to the extremity
of Hampshire on the other. Another part of the hill would
deal with the jurisdiction of the county courts. The juris-
diction of the county courts would remain ; but whereas the
former bill limited it to cases where the assets were under
1,0001., be did not now think it necessary to fix env limit,
and therefore conferred on the majority of creditors the
right to remove an estate into the county court, without
any limit as to the amount. (Hear, hear.) Ha proposed,
I however, that except in eases under 3001., or when
Ithe debtor was a pauper, all petitions should in the
first instance be presented to the Bankruptcy Court.