The National Register.
London, England, 1818-05-31 00:00:00

MONDAY, MAT li•

'fhe forfttirr•noenderatinti of the Report of the SeVierneot
:of the l'oovllitlmAti,,on the motion of Dlt. S. Souse( (to give
:to opportunity oftutttief cowitletiag the subje4l),postponti
WI this da,
In the Committer ou ‘llloCAllery .Grade B:11, A elitioco
11) Mr. Attletrium Wood, hosing for its •ohjeet to
vit veto persons tu thrtentooryiltall odistug the word "LOD-

The CIIIALCELLOa of the Eirolitausit then moved for the
third reading of the ,Lottery
Mr. Idereiderus regretted that his frequent attempt to
impress upon the House and tie Right Hun. Gentleman, the ;
iniqility 'ail(' impair), of the Lode', system, had hitherto
been utterly vain, although it was obsious the system struck
at the foundations of morality and religion ; in a pobtical
point of view, imposing a tai on the credulity of a few dopes !
wide!) ,unght.iudairneas to be derived from general sources of
taxation, was discreditable to the character of a statesmaa.
Instead of having recourse to such mean and shabby a,lvar-
tages over those who either could not calculate, or who d d
not choose to Ise oonsinced of the madness•ot their expecta-
tions, the Right Hon.tientitinau &WWII have been the first
man, reasoning hour 'the religions principles he was known
to profess, to convert thieve deluita.al persons trent •their per-
, llefiellrell of spirit, and point wit to .hens the ilam.era they
ought to avoid, or indict punishments propuitioneil to the
criminaiity of the parties auiplacal log themselves la uausaC
Hops of this nature, w ucb -must ever rail in wreicheth.ess,
want, awl slot unfrequeutly in acts of destmei ation—A ter ad
milling that the Bill hail, as 4:011111141e4A WWI provitwb Littely
Bills, sows less objectiooauar features, he mused that .4 bill
be read a third Iliac this day three months.
Mr. Piiaseti,..oonfessed nothing had given hit t ga eater re-
gret during ills idiot t time he had sat in that liuc,t, than the
frequent instances 11l which ptiticiple• or reilgimi 41111 11101.4-
4L'y were saes itieed to espealieuey. In this instinct they
were Set..thised 10 a 1111.10 motive of deriving Irons auto)
lament. The mythic( oh tioaernineui this illelallt V, v, MB
likc the noskiltulisess of a 11111sitinal, 55111. tunl.iluue.t a t '
note in the mold of a Mudied.compooloon. The eli. et 01 Ilir
one was to shock the ear of the ttonnot.m lit, wheat the r:upae~
(lellee of this uatialoar nag to she 6 cvesa (( 11l of
rally staunch nippurtcas of Ad 11l a ll istration. Itight-Hma.
Gentleman had violated all the ltarusouies of wb.ch his car

Mr. J. SMITH rose to move for leave to bring in a Bill to
alter and umend the Bankrupt Laws. He trusted that the
House could not but see the importance of attending to the
subject. He would premise by reminding the House of the
opinions of souse learned nod experienced men, Mr. Bait
Montague, Mr. Cook, and Mr. Cullen, whose information on
the subject could not be doubted, and who all were of opi-
nion that amendments and alterations were requisite. 'fo
the sentiments of these web informed mends, would add thnt
of the present Lord Chancellor, who, ebostly after his ap-
pointment to that dinitied office in 1811,1saenig oceasioas to
remark on a ease which was brought before iiim, declared,
that miles. the Court would hold astrong land over the Bank-
rupt Law, as administered in this country, it would in some
measure afford countenatice to one of the greatest nuisances
existing amid the code of laws. The Committee was of opi-
nion, that the Bankrupt Laws should he extended to all pt r-
amie engaged in trade, whose dealings require that credit
shouts be obtained, and that it should be pei mitted to trader,.
believing thesesseives insolvent, to lodge with the Secretary
of Basikrupts a statement of their insolvency; for it was ei i-
dent that another mode should be adopted different from the
present, by which a man who was confined for a debt might
procure bail for the amount, and after Isis liberation might
pay whatever creditor he chose. Another grievance was the
want of care to secure the baukrupt's effects. Tile messen-
ger was chosen by the solicitor of the bankrupt, usually from
among the meanest of theeurnieunity, and being generally ft d
with the servants of the bankrupt, was not subject to the
stripiest regulations. He was by no means desirous of im-
puting any blame to the Commissioners, for be was surprised
that amidst the different evils which ours whelused them they
could proceed. What greater scene of contusion could be
imagined than the place where they were obliged to attend ?
To obviate (this grievence, the Committee thought au tit—
rangement in Geildliall necessary, orrather that a new build-
ing should be ere2ted for the purpose of atfordnig a proper
place for the lull investigation of these mattent. Anoteer
great evil was the want of power in the Coutiiiis.ioners to all-
iiiil illegal debts; lot ire debt was once estalelieelactl, ati hourh
die illegal peuols were clearly discloeed within five m:•' tee
after, it without of their posses to prevent the paymetit te it.
In comparison with the system of this country, the state of
neutland, in reletion to the sequestration of the effer is et* an
insolvent debtor, might be said to be absolute perfection.--
Several respectable Members of the House had laboured
mess to ollect m happy a change. The Comistitke had agreed
that in iill ears, except in races of small property, a prose'
siolial assignee should tie appointed, subject however to the
a lope onatiois of Is C %sweets, who were its lake ins() their
custody all the pipe's ~ boekst. and securities beimigno; to the
be. 'Lima ; wined meosuie could scot fait of helot, iumilUcti we
of very beeefirial results. Another puisit of iineoi lathe was
the mailer, of glass ing cettitirat. s, and the arum (116(11114mi-
tion which was neeetsai y. But lie would mil turepasos too
long ott the Atentliin us the floosie. Is) ileiall.ng at curls lenset li
aft the rills arising lion, the piceeni ,y.'en•. 1 Ile Custalutiec
weir of opinion. that ai , t r a pc rood of Wel \ % Iliolallft .1 eel tr-
firate sir ltd be grente it ton bank rill I is liti had rolidilt•leti
himself well. 'I lo low as:, at pe moo motel, whirls netirted
capital p •• 11111alli III.I•11 the lua:gisstlil it hi• thia neon guilty
10f a fiat/11411cl), tOlireatiliellt 05 Ins pli.pell\, Na. a gt cat
uri,•, ,mce. Upon I hat ',Will Slit C11114.1,1111VC were cleanly of
, opinion, stint eons, Melte Silt \11(1 be taken. The pit it ni a,-
litsWallee w 3 b:,tekt opts vte.e .veli.ett loetilrir.ett, Uliei the Coin-
loilteee e..ti el 4 opileoil,,eos I A Isle cal it,ce.ie, ant e to as, hiceest
Ib.:ilk:opt er..silti not only be ja•t in itee.r, but. wools/ I, good
, oil(?), as it SSUIts.I pi iiiiiie.• a candid to-upi ei tem cm the mart
of the baukropt. The Committee bed secomuivided that it

M 31,

payment of S per cent should be made to the bankonpt upon
each dividend where debts had been collected to the amount
of 20001 That was undoubtedly a huge sum, hut much
I mrger had been lost in comsequetice of bad num:lament.
lirutection should be given to the Commissioners. to the At-
blgnees' HII,I to the witnesse,i. Mr. Cullen himself. a comm,4•
scoter, had stated in 1114 evidence, that no Court could be
worse constituted than that of Commissioners of Ilaukrupts:
and the Committee had expressed a hope that such defects
would be remedied by the proper authority. On the *abject
ofs country commissions. though in some places they migl:t be
tolerably well managed, yet in many they were a gross job,
and the Commissioners were selected by the solicitor. The
Committee thought that no additional power should be given
to country Commissioners. On that subject a regulation of
the late Lord Chancellor Rossylu might be adopted with good
effect. The fact was, that much abuse existed relative to
country commissions. The Committee had been employed
,on this subject a very coaaiderable time, during which, no
Committee could have laboured more strenuously. But the
subject well in itself a difficnlt one.and in especial manner
surrounded with legal difficulties, which could not has c been
surinannted without the aid of -professional men. That had
been the reason why no measure had been sooner submitted to
the House. He understood there was a great disposition on
the part of Government to reform the Bankrupt Laws in
Ireland. The lion. Cientleman concluded, by moving for
leave to bring in a Bill to alter and amend the Bankrupt
Laws.
Sir J. Ness porer laid, that under the present systeni the '
Bankrupt Laws in Ireland were only a protection to fraud.
Mr. Witorrrutne thought, both the Commissioners of
Bankrupts and the public, were much indebted to the labour
of the Committee of which the Hon. Member was chairman.
Could proper accommodation be obtained for the Commis.
sinners, one half of the evil of the present system would be
removed. The city of Lands n gave a preference to Guild-
hall, but much less time would be lost if a ditferent place
should he selected. Time gentleman who had built the Cus-
tom Hcuse, Mr.Peto, had bought Pornival's Inn, from the So-
ciety of Lincoln's Inn, and had made an offer to build pro-
peracconamodation for all the Commissioners, and the money
to he paid by instalments. Such an offer was worthy of con-
si erasion.
Mr.Loctritarr observed, that*more impartiality and more
e'siduity had never been dispinyed by any Committee, than
tat upon the Bankrupt Laws. A distinction had been made
between the honest and the frandalent bankm apt, and the pa-
' shim:cot would be proportioned to the guilt.
Mr. Ftrmav conceived that the system of the Bankrupt
Laws would he much improved from the proposed alterations.
Leave was then given to bring in the Bill.

FEES OF COURT.
Sir J. tiewettlyr said, that a question lead been tarried
same time back by a majority of only one respectable indi-
vidual. It was for a Return of the 'Fees paid into the Master's
Office. Two klastets of 'Chancery were then appointed, as
Commissioners to Inquire into the abuses that prevailed in
their own office. He did not at that time, nor did be now
consider them as the fittest persons to investigate the subject,
and their Report proved titat his suspicions were founded in
truth. It was presented in June 1816, and a Supplement to
this Report wairsince le oilfired, which proved that the Com-
missioners in their inquiry had entirely overlooked On Act of
Parliament. It was the 241 of Geo. II and provided that
as'olicitors who had practised in auy other Court should, on
their admission Into the Court of Chancery, pay a fee ut only
one AMOK. The practice, however, was to charge one pound
or one pound seven shilliege, and upon ibis Act the Commis.
stoners in their Reports anal Supplement were totally silent.
The Irish and Sentell Commissioners, very much to their
credit, and to the advantage of the public, had not acted in
this manner. They had detected name ous abuses, and had
accompanied their Reports with such recommendations of
improvement as would cause a saving to suitors of at least
60,0001. a year, besides considerable savings to the Consoli-
dated Fund. The Seated' Commitoeuners had presented font
Report•; those for Ireland had drawn up the same number,
and had four more in a state of readiness. lie knew no rea-
son why the English Contuoissioneu% should receive Igool.
year, white the Sroteh and Irish only received 80th. The
4:on tttt issioners appointed to inquire inio the Fees of the
Master's (ffice, held lecrative situations tinder the Crown,
•which gave them a pat titular interest in the subject they had
to investigate. The expense of the Leglish Commission,
which produced onts one Report, was 21,etal. white that of
the Irish, which prodaced leer, was out) 16,0001. alt.! of the
Scoteirlo,oool. Vieon these ground= lie would propose the
•fullowine Resohniou, it: conformity with the recommendation
of the Finance Committee upon this subject ;--" That the
House agreed with their Committee in thinking that Com-
missioners who lied official duties to perform, had a tendency
to continue such Commissiou to as unnecessary length; that
it was the business of the Commissions. s to avoid unnecessary
delay, and to ley before the House front time to time Reports
of their proceeding, which could not he done with sufficient
promptitude, when they load offn ial duties to perform."
Mr. BATisuasT opposed the Motior. He world net now
go into the specific question whether melt officers as those
alluded to were lit persons tr.: act as Commissioners. It would
be easy, however, to prove that their superior knowledge
counterbalaueed any inconvellience that might arise from
ieher causes. The Right Hon. Member went at some length
into the arguments used by Sir John Newport, and contended
that the Reports, as well as the number of days employed by
the Eaglish Commissiotters, were more at length than those of
the Irish and Scotch C eeminsioners. From the view which
he took of the snbject, he felt it his duty to move the previous
question.
After some observations from illr. Conrtenay, Sir Charles
'Lynam, the Solicitor tieneral and the Attorney General,
Sir Joint Newport replied, when the original question was
put sad negatived witliona. a division.--Adjourned.