The Express.
London, England, 1850-05-03 00:00:00

COUNTY COURTS BILL.

On the ssotin;toTioini into committee on chi. bill,
Mr. KEOGH roes to more that it be an instruction to the

committee teTerend its operation to Ireland.
S.r G. GREY did not see bow it was youible„ in a bill for
amending an existing act, which was exclusively applicable
to England, to wend the operation ca, •t to Ir, land.
After a tew wo►ds fr.= Mr. Monsell, Mr. F. French, Mr.
Somerville, and Mr. Scully,
Mr. KEOGH, on the understanding that government
would take the matter into their own hsade, would not press
his motirn. _ _ _

The motion was withdrawn, and the house went into com
mitts* on the bilL
The blank in the first them, fining the extent of the juris-
diction, was fill td in with the words "fifty rule's."
Mr. MITCHELL had an important amendment to pro•
pine to this clime, without whims he kilned the bill would
not be satisfactory to the me-c iota' community. The bill
as it stood lett it to the discretion of the judge to ordt r the
payment of a debt by monthly instalments, but considerieg
the vast proportion of the transactions ot elmoot every
trader, which ranged between 201. and 501., that power
might be attended with the most serious inconvenience.
The proposal he had to make was, that at the end of the
first clause the following words be added : " save and except
that in any num where the defsndants, or any one or mere
of the defendants, may be 'insane sutleet to the bankrupt
laws, the Cann shall not have power, without the consent of
the plaintiff, to order that the debt, or damages, or casts,
shall be paid M instalments at any future time.
Mr. W. BROWN was undarsto id to state that as an
immense mistier of trading transaction' took plums between
201 and 501., it was important that the defendants should be
directed by the judge to pay the amounts owinc with all
etmeenieet dispatch.
Mr. MULLINGS observed that a party was not liable to
the bankrupt laws unless he owed WI.
Sir O. GREY said the effect of the amendment would
be that the judge would be obliged to order immediate pay-
ment in all cases where the debt ranged between 201. and
501., and that, if the defendant were unable to mast that
order upon the instant, execntit.n would issue against his
goods. He thought some discretion ought to be lett to the
judge, by the exercise of which the defendant, under certain
circumstances, would not be unduly pressed for the payment
at ones of the entire debt.
Mr. FITZROY expressed a hope that the proposed addi-
tion to the clause would be postponed until the bringing up
of the report, and said that in the meantime he would give
it due cossideratioe.

The ATTORNEY GENERAL thought caution was
necessary before the addition were adopted. In the superior
courts, if payment was not made within a woes of the judg-
ment an act of bankruptcy was of necessity committed.
Mr. MARTIN said there was extreme difficulty in deter-
mining in this country whether an act of bankruptcy had
been committed, and he wee annious to know, supposing the
additions to be adopted, how that important fact was to be
tried.

Mr. COCKBURN thought nothing could be more easy in
framing this clause than to define the circumstances under
which a party should be within the bankruptcy laws.
the ATTORNEY-OENERAL thought that if there was
to be a discretion given to a judge, it ought to be plant
and for all porpoise.
Mr. COCKBURN said the discretion hitherto granted to
the judges of the County Courts had not been abused, and
that was one very important reason why it should be
continued to be exercised by them.
Mr. MITCHILL withdrew the addition he prepared,
with the understanding that he would introduce it again
upon the brining up of the leper..
The clause was then owned to.
On dams 2 haw peepased
The ATTORNEY-GINIRAL moved as an amendment
that the fess now payable open plaints above 101. s-all
be the fors to be taken under this est on plaints above 201."
In other weeds, he waated the Bahama of fees in the pro-
ses* bill to be aro* out, and to enact that the schedule in
the original bill upon plaints above 101. should be the
schedule is this bill for plaints above 201. He wanted to
make law cheap, by 'making the fete payable above 201. be
the fees payable up to 601.
Mr. PI fZILOY thought it would be a most unfair pre-
position it the man who recovered 191. should pay the
amount of fees as the man who recovered 491. How genii
the same wale of less be ernehlered just for a simple debt of
101. es for a complicated debt of 201. or Ilk
He should certainly take the sense of the house upon
the novel ernpaitioo now submitted.
Sir G. ORRY said the argameat of the boa. gentleman
was inapplicable. The judges were paid by fixed salaries,
and no additional legal acumen would be required en their
parte, even though the sphere of their duties ahead be en-
larged by the resent bill
Aldermen THOMPSON felt mush obliged to the
Attorney Galena for having now proposed the ssbsdele in
the old bill, though he believed that even that athedule
was math too high, and that It waned with undue severity
on the poorer cline of debtors. (Hear, hear.)
Mr. ROEBUCK said he wanted to nadentand the prin-
ciple of this bill. It proposed to extend the power
of the court from claims of 2W. to claims of
601. He wanted to know if the juige could not be paid •
lair sons of mosey for dedicating the whole of his time to
the service of the public, and if there should not be any fess
exacted as regarded him ? If they could attain to that,
what would be the conveyance ? The small debtor would
not be at all affected as to where he was, or what he was.
The cease would be determined by a judge who did not
practise at all. but who devoted all his time to the court.
Bi. 0. GREY said that the principle contended for by the
hon. and learned gentleman tad already been acted on as
regarded the judges. The whole of their time was at the