The Sun.
London, England, 1864-06-11 00:00:00

Failure of the Bankruptcy Law Reforms

(From the Law Times of to-day.)

Lord Westbury possesses the great virtue, cha-
racteristic of minds conscious of their own capacities
of candour to confess a mistake and a willingness to
learn what may be said against its own views, and
willingness to be convinced. Creditably ambitious
to achieve a reputation as a Law Reformer, he has
laboured zealously to link his name with changes
for which much was premised, but which have
proved in practice to be unproductive of the antici-
pated advantHgee, white they have wrought certain
mischiefs. The reform of the Bankruptcy Law is
found to be no reform at all; on the contrary, the
law is in a state far worse now than when it was
sought to be improved. The Transfer of Land Act
es yet has wrought but a fraction of the ser-
vices that were prophesied of it. Lord Westbury
frankly confesses the failure of the Bankruptcy
Law Amendment Act, and but for the appoint-
ment of the select committee of the House of
Commons, would doubtless have tried to remedy
some of its most patent defects. It will be seen
by an extract from the report of an interview with
a deputation, which appears in mother column,
that he is willing to deal with this latest law reform
in the same liberal spirit of concession to the objec-
tions of the trading community, echoing those which
had been previously published by the lawyers.
Himself proposes to abandon the project for confis-
cating debts under £2O if not sued for within one
year. He has adopted that which we ventured to
suggest as the fair compromise between the existing
inconvenience of six years and the threatened ruin
of the tradesman by reducing the term to a twelve-
month. Having fixed upon three years, we trust
that he will not eonfine its operation to debts under
£2O, but extend it to all simple contract debts. Three
years is quite long enough for the voluntary keeping
alive of a claim, If the creditor cannot pay in tha

e:;•••.'1 .•”`t 1;)'.137 to tIfIV at all, and even

it were not so, there is no reason why the whole
community should be compelled to keep their bills
and receipts and be subjected to possible harass, for
the sake of a few creditors who choose to give ex-
orbitant credit.. On the .other objectionable provi-
sions of the bill Lord Westbury expressed himself
with equal candour. He desired to receive the sug-
gestions of the traders; he was by no means wedded
to his particular plan ; he was willing to make any
alterations that would accomplish the object. This
is as satisfactory to the public and the profession as
it is creditable to the sound judgment of Lord West-
bury. The bill contains much that is to be com-
mended and which receives universal approval. Not
the least meritorious is the provision which so inge-
niously discourages those speculative actions so often
denounced by the Law Times, by requiring the plain-
tiff in the Superior Courts to give security for costs.
The proposed equity jurisdiction is likewise worthy
of all praise. Possibly it might be more prudent
to exclude some of the suggested jurisdictions at
first, until the capacity of the County Courts to
deal with them satisfactorily shall be proved by
experience, and the judges and officers shall have
mastered the new law they will be called upon to
administer; but the outline of the scheme is ex-
cellent.

If to these be added a limitation of imprisonment
to once for the same debt, and the reduction of
the Statute of Limitations to three years for all
simple contract debts, subject of course to
the same exceptions as at present recognised,
Lord Westbury will have won the reputa-
tion not merely of desiring and designing
law reforms, bat of accomplishing them. We
despair of receiving a good bankruptcy law from
his hands, for he will continue, we fear, to base

it upon a false foundation, and unless there is a
solid base there can bo no firm structure. No law
of bankruptcy can be successful that does not take
for the principle of its entire construction that not
to pay a debt is prima facic a wrong, for which

some penalty is due, and which therefore throws
upon the insolvent the burden of proof that he has
become such by reason of unavoidable misfortune,
and not through nny fault of his own. In all cases
he should be bound to prove substantively, first,
that when he contracted the debts from which he

seeks relief he had just grounds for believing that
he should be enabled to pay them ; and, secondly,
he should be required to prove the particular mis-
fortunes that afterwards prevented biro from doing

as he had then reasonably expected to be able to do.
A debt contracted without such reasonable ex-
pectations of payment is only another and safer form
of robbery, and should be punished accordingly.
_ _

A debt honestly incurred, but of which the
debtor has deprived himself of the means of pay-
ment by some subsequent folly, should be punished
in proportion to the character of that folly.
Only the debtor whose debts were fairly incurred,
but of which unavoidable misfortune has prevented

,he payment, is entitled to pity, to forgiveness, and

:o favour.

On these principles it would be easy to construct
a good law of bankruptcy ; on no other could a law
be framed that will not be mischievous—morally,
socially, and commercially.

The World's Highway.

-a--- -

" A Templar," in a letter to the Times, writes :
Allow me to call your attention to the disgusting
state of Fleet-street and the Strand about 1 a.m.
Some virtuous person—who no doubt is also beau-
tiful, inasmuch as he is always in bed by 10 o'clock,
and so never misses his beauty-sleep—will say,
" What business have you in Fleet-street and the
Strand at 1 a.m. ?" IVell, that is just what I have.
Business leads me along Fleet. street and the Strand
six nights out of the seven at hours varying from
1 to 3 a.m., and I must say I wish many of these
" virtuous and beautiful" people were compelled
sometimes to take the same walk. They would then
see troops of women of the vilest and lowest class,
who persist in thrusting their foul companionship
on every passer-by. If their advances are repelled,
they cover the unlucky object of their attention
with the filthiest abuse. " Well," cries some rate-
payer, " where are the police ?" To this very
natural question, Echo, in the Strand, at least, at 1
a.m., generally answers " Where?" Take my own
case last night, for instance; at a quarter past 1
I was accosted by one of these women just
n ,Lie west side of Temple-bar. I told her to go
about he: business,
and not to speak to people Who
did not wishto speak to her. She then follow ed
me along the St.
-and abusing and reviling me in
Between Temple-bar and the Savoy
I way. avoy
I counted 28 women of 1,
0r order, all plying the
same disgusting trade, but no; a single policeman.
At the corner of Savoy-street 1 met a constable,
whom I requested to go back with mk: that I might
introduce him to my persecutor. His nomber was
F 38, and a very civil, well-spoken young fe:..lowt
am bound to say, he was. He has my best wish- 's
that he may soon bean inspector. We opeedily found
the woman, who had halted at the corner of Welling-
ton-street—that being, I presume, the end. of her
" walk." Having pointed her out to F 38, 1 left
them, and I sincerely hope that I may not have to
give her into custody again.

Now, 1 have no wish to speak ill of the police, who
in the Strand at night arc far too few to cope with
this evil, and whom I have, with few exceptions,
found extremely well behaved ; nor do I desire to
be too hard on this unfortunate class of women; but
I am sure that London streets at night have lately
become much worse in the nuisance to which I refer
than they used to be, and I think the authorities
might do more to protect those who are compelled
to pass through great thoroughfares than is now
the case.

ACCIDENT TO VISCOUNT CLlFDEN.—Yesterday
afternoon, shortly after 5 o'clock, Viscount Ciifden
was leaving his residence at Roehainpton in his brougham
and pair, when one of the horses shied, which alarmed the
other horse, and both started off at an uncontrollable pace.
Lord Clifden, seeing the danger, opened the door ot the
carriage, and had the presence of mind CO jump ut The
driver lost all command over the horses, and they pursued
their course until they came to a dyke on Wimbledon-
common, where the brougham was upset, the coachman
was thrown off, and unfortunately his left leg was broken.
One of the high-spirited horses also broke its leg,and had
to be shot. Lord Clifden, whose health is far 7rom satis-
factory, showed much kindness and presence of mind
to the injured coachman, to whom no blame could be
imputed,