The Express.
London, England, 1861-07-27 00:00:00

LONDON, SATURDAY EVENING, JULY 27, 1861.

IMPERIAL PARLIAMENT.

.1101.78 E OF LORDS.7-FazDAT, JULY 26.

The DAD CuAscruaa took his wt on Lb* woolsack at
dos o'clock.

BANKRUPTCY ♦NI) INSOLVENCY BILL.

The LORD CHANCELLOR presented a petition from
the Chamber of Commerce of Wolverhampton, praying their
lordships to pass the Bankruptcy and Insolvency Bill as it
came from the Commons.

BUSINESS OF THE SESSION.

The Earl of DERBY drew attention to the state of public
business in both houses, pointing out that, owing to the
:motor of bills which stall stood for consideration by the
houses, it was impossible astisfactonly to deal with them,
and be asked whether the government would not withdraw
all each measures as ware not of positive urgency.
Earl GRANVILLE said that many of the bills enume.
rated by Lord Derby were of no importance—such as con-
tinuance hills,—anal would not require any deliberation.
He was nimble to state what measures would be abandoned
by the government.
Lord REDESDA LE urged the necessity of adopting some
such nide as he bad esoved in former sessions, limiting the
time at which bills should be accepted.
After some remarks from the Eirl of HARDWICKE and
W Duke of But-cut:cat the subject dropped.
Lord LYVEDEN asked the Secretary of State for the
Oasisa whether he would state to the house what instruc.
Mere he hail given to Sir George Grey respezting the set•
deenent of the tribal rights of the natives and the payment
el the expenses of the war by the colony of New
The Duke of NEWCASTLE stated that it was not very
easy ter • Secretary for the Colonies in London to lay down
W cost plan which an official placed in the position of
the Oweeenor of New Zealand was to carry out ; and there.
fore the iiestructions to Sir George Grey were not specific,
but sweereL
VACCINATION BILL.
This bill wu reed • mooed time.

*llOrtii;t EBRINOTON said the medical oflicers of venous
sakes complained that their small emoluments, which
depteded in a peat measure upon the successful vaccination
of children, were often diminished by the negligence of
parents. He bad bad some idea of inserting a clause on the
subject, bat ori the whole he thought it hest to abstain, for
the present, from so doing.
Viscount DUNGANNON submitted that what was
wanted was a better stem of registration.
The bill then paseed.
NAVAL MEDICAL SUPPLEMENTAL FUND SOCIETY

BILL.
This bill passed through oommittes.
BANKRUPTCY AND INSOLVENCY BILL.

Upon the order far the aonsideration of the Commons
Lreamer far disagreeing to certain amendments made by the
ords.

The LORD CHANCELLOR rose to recommend to their
lordships that they should agree with the docisioo of the
Commons. Their lordships lied inserted is the bill amend.
manta for which he had no doubt sound reasons could be
gives, but the House of Commons had disagreed with all
those ainsodoents, with one or two unimportant excep-
tions, and he now trusted, seeing that the bill in the shape
it had bees sent up had met with the unanimous approval
el the other house, that their lordship would commit to
pus it in that shape. Provision which had met
with the ruction of the conservative party in the
House of Commons had met, why he knew not, with
the condemnation of the conservative party in their lord.
ships' house, and when the bill had gone back to the other
house with their lordship' amendments, the House of Com
mom had determined rasher to risk the loss of the measure
altogether than to accept the anisadmenta. The measure
bad hem spoken of as one of urgent necessity, and as such
it had been regarded by the House of Commons. And let
it be remembered that it was no ides of his—the bill had
been introduced as a necessary &hemline of the law by the
late govertunest, and it was who deserved all the credit
of the properties. The white had been uniformly
used heretofore in reference to app.:automat of • supreme
judge, was that it iambi be Myosin/ream ; but now it was
ergot to postpone the dittos MU next eanion. He had in
the Art retards core loth' catisindunthet there should bee
head to this maned, he disclaimed being intuenad in
this *doe by say bat a desire for the due elminis.
eating of the law. part el the bill bad boon objected
to spot the grimed that it was as itaseeeseary expense.
The adminietretioa of the law of bankruptcy mid insolvency
we. fantod as by • number of commissioner. The five
enemaideners of bankruptcy received an income of 10,0001.
• year and there were, independent of these commissiorre,
ocurnissioners of insolvent debtors, whose offices would be
abolished by this bill ; and there were eight official emigres
hi Leads., of whom three were proposed to be at once
abolished, and machinery was provided to do away
is emir of time with the whole number. Therefore
the ming by the bill of official eslarles would be
12,0001. or 13,000 i., and the whole additional charge that
would be thrown by it upon the consolidated fund would be
115,000 f. From • very early period of time the complaint in
sonnexim with bankruptcy was against the mode of ad.
ministering justice, and not against the rules of administra-
tiro theutselvee The rules were simple, but the mode of
administeriag justice had always been found difficult, and
bad met with much reproach sod • great deal of complaint.
The difficulty arose from the administrative and judicial
duties having been conferred upon the same individual.
There had bees no separation of the duties, and the
result had been that the judicial inactions bad been
performed in an uortiedectery meatier, and the
oiministrative functions bad been performed with
a less animant of widow» the, ordinary nom
martial isteltiriece, if applied to the 'abject, would have
'errand. It the earliest times in the history of the beak-
ruptey law, the administradas of judos was carried cm by
70 oomminieseni, who were die Lord Chancellor', secrets-
rim. A great end eumbrons court was the consernmeN
which was Mailed tea of appellate jurisdictioo sod
ths power 0/ justice in the ant jesters,
and pedant., doe nary duties of administration
was denied to it, and in a short time it died of
breaks. Afterwessie atemannosen went appointed
throughout this enentry, but they Ind no ma-
trolling lead—ere fierwints mar power ; each pronounced
hie cwt Mires had ha own Ma d edruiuistration, and he'd
wade himedi the adreirelentim and judicial function.
This won we of the lab evils which ft was drivabie to
remedy, abd therefore it hod bees peepard thie the ap-
pointments of this *pm laid be ride. And be
their lordships to observe that the duties of thebijil4!
Wield be of • andel" ellenneter ; he would have
Pie eeperintendesee of the whole el the administra-
tive part of the Wi xi b would exercise
• jeriedietio• pertly eavddrztly
A great pestles of the leminete of tie wee Sew ac-
oomplidied le ebeimbets. It *OM be Impined that
=ithe errenry meny terrier Edell eche whisk
n: be estieffireirily NAM esemirieneen, mad
mild not be Or By desided without the ell id •
ii=t
Tu. Piriedieden ha !rimp's, was mar •
amongst the redlloos theorems. The Wes bed se peruser
of acting evident a etneger, of trying &green brfr. a
jury, og of deciding question of swift ; and way
=arose which he wasobliged to need be bo
by courts of law and equity ; so list
suitors is bankruptcy were rowelled be have 1111•11.1111111
to other tribunals. This evil be Oho Lord Obenodieri bed
erleavenred to remedy. The court bed been redo self.
and had been armed with ederielie pewees. Bat
Yin eenY met be obtained without potting at the heed of
of ate soot a judge of dignity, experience, and mbentien
In this metry they laboured under the evil of 110/1111.0611
jariadieliese, may of the operations of which were eata
Wink to inborn Theme evils existed to a cerhda extent also
in banknyitey, and b
eat Lord Chancellor) could not hope
to remedy them with the aointment of a 'lief judge.
Thee es te the appellate jurisdictioe. beationd over the
eosiday were • number of small tribes& estrusted with
=Lof administering ;astir. Howemesetry was it for
ure to hove • central bead, whisk eheidd
control, amid give eider to the rest. He bed been We'
that
in the committee the only function of the old judge whisk
was considered was his appellate jurisdiction. Bet he (the
Lord Chancellor) was not afraid of putting
MA necessity of the chief judge's aim ow this
This bill for the GM tire ibww owe the well of willies
between the law of ireiveacy as applied to tsadre sad
ma-traders. Now, both hare of winet had decided
that this distiectioa should no longer MIA. The poetical
result of an mama& administrate" of justice hail
bus to drive the Queines subjects out of her courts and
Mew them to bare recourse to ocher modes of obtaining
thew edvantare whisk they could not derive from the
.sofa. The amber of private arrangements bed avenged
10,000 or 11,000 a-year, and had outnumbered tee tines the
regain amemimions in bankruptcy. But private
mete were may injurious things. Under a treat di=
come rut be had to the Court of Chancery, wbere the
error was heavy, though no doubt less than it bed been
year ego. The bill accordingly empowered preens to glif
with these trust deeds before the Cori of asakrupley,
armed with the same powers, and settled to the mare
advaeteges, as might formerly be obtained from the Chiert of
Chancery. The probable result of this would be that
they would have, instead of • deserted court, • jedelleden
crammed with bemires. He Meted be bed aseveyed to
those of their lordships who hod ere kir the tenser to
listen to him the conviction that it meld be the nest
Manor thing in the world to draw 011111411AISS from the
limited area of the present court, end !Apply tbsr to the
extended area of the new juriedieffice. Their heiiip.led
been petitioned by a body of madisMe. pollee ileum to •
adopt the suggestions el the eciennitlee. leg be rut
observe that matters of the adraisienation et *hes he.
longed not to merchants but to legiebeen. Their lord-
ships would not allow to mirehants the err expriense in
this as they would in ecrswsialedles Relied mitindone
feature of great importers. Per a time there bed bre
no greater reproach to the of justice than the
rules allesaint the disehreeeffnialnents. Donag thelestfew
years instencos of laxity of morality bad bent whammed

which were a disgrace to the commercial community.
(Hear, hear.) Many of these delinquencies had been dis-
covered, but there was a difference in the views of the bank-
ruptcy courts as to the mode in which they should be dealt
with. Some years ago this subject bad been brought before
their lordships' consideration, and a system of certificates
had been established indicative of !be degree of censure
which attached to the conduct of each particular bankrupt.
After they bad laid down the rule it depended for its
utility entirely upon the way io which it was carried into
effect. It was of very little value what laws they laid
down. unless they provided also &corresponding machinery.
Indeed be might almost adopt the old line, and say,