The Sun.
London, England, 1864-10-27 00:00:00

The New Bankruptcy Act.

Yesterday was issued, in a blue book of 530 pages,
the report of the select committee appointed to in•
quire into the working of the New Bankruptcy Act,
together with the evidence heard before them. This
report ie simply a postponement of any decisive re•
commendations until next session. It is as follows :

The length of time spent in the important inquiry en-
trusted to your committee has rendered it impossible for
them to do more than report the evidence taken by them,
while fulfilling the duty imposed on them. To report use-
fully on so difficult and intricate a subject requires great
care and much thought. Many attempts have already been
made to legislate with effect upon this important branch of
administration, and the failure of these manifold efforts
makes it imperative upon Parliament to act with great cir-
cumspection and deliberation in all future proceedings in
this matter. Your committee therefore hope that at the
commencement of the next session of Parliament they may
be reappointed, and thus that sufficient time may be afforded
for a due consideration of the many intricate questions that
havo to be clectaea before ancient legislation is possible.

It appears, however, that a /Ong draft report was
proposed by the chairman, Mr M'offett, and read to
the committee, though the above, proceeding from
Mr Roebuck, was ultimately adopted. This draft
report, which is of considerable length, contains the
following paragraphs respecting the commissioners,
the official assignees, the creditors' assignees, the
registrars, the accountant in bankruptcy, the mes-
sengers and the ushers, denoting to a certain ex-
tent the nature of a great part of the evidence :

That as regards the commissioners, there is concurrent
testimony as to the great uncertainty of their decisions;
complaints are numerous as to the delay of all matters ad-
ministered in the court, and also as to neglect in exercising
the powers of punishing fraudulent debtors with which
they are invested by the Act of 1861. That considerable
public inconvenience has also been experienced from the
irregular hours and short periods during which the courts
are open in London for the transaction of business, and
that the affairs of the district courts appear to be adminis-
tered in a still more objectionable manner. In one case it
was proved that a commissioner of the Leeds court, who is
in receipt of £l,BOO per annum, resides in London, and
attends the court at Leeds for a few hours only once a fort-
night. It will be obvious that such laxity on the part of
the commissioner, being the head of the court, gives the
tone to the other officials.

As respects the Official Assignees.—There appears to
be a considerable amount of negligence and indifference in
the collection and distribution of the funds. A case was
quoted in which so long a period as nine months elapsed
after a dividend had been declared before payment was made,
although the money was lying at the credit of the official
assignee's account. Much of this negligence is stated by
several witnesses to arise from the alteration in their mode
of remuneration by commission to fixed salaries of £l,OOO
or £1,200 a year; this view was supported by the evidence
of Mr. Commissioner Holroyd, Mr Miller (the chief regis-
trar) by Messrs. Lewis, Lawrence, and Reed, experienced
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whom concurred in advising that if the services of official
assignees are retained, their remuneration should be partly
by salary and partly by commission. There is no uniform
system of keeping accounts ; no sufficient control, either in
respect to their duties or their accounts ; that they stand in
an anomalous position with respect to the creditors' assig-
nee, who has, in the first place, to audit the official assig-
nee's account, the official assignee in return auditing the
accounts of the creditor's assignee. The system of audit is of
an incomplete and unsatisfactory character, being usually
made in a crowded room, where the accounts of 20 or 30
different estates are all frequently audited at the same time,
amidst much noise and confusion. It was further proved
that very serious defalcations have occurred in the ac•
counts of the official assignees ; that they not unfre
quently obtain power to sell the property of the
estate previous to the choice of the creditors' assignee,
and to the detriment of creditors. That these
gentlemen are not selected on account of any fitness for the
offices. In the case of the Birmingham district court, it was
stated that two of them had been bankrupt, one as a banker
and one as a stockbroker, one was a newspaper editor, and
the fourth a clerical agent. That the principal amount of
labour in the collection of the debts is thrown upon the
creditors' assignee. That it is clearly proved that no chock
or supervision exists as to whether the assets are collected
or left uncollected either by the official assignee or the cre-
ditors' assignee.

As to the Creditors' Assignees.—The existing act places
upon the creditors' assignees the responsibility of collecting
and settling all debts over £lO in value, but does not provide
the remuneration previously apportioned to the official as-
signee, and therefore the affairs are frequently handed over
to solicitors, whose charges prove very onerous to the estate.
The arrangement has consequently not been found to work
advantageously, but it is suggested that payment by com-
mission to creditors' assignees would partially obviate this
disadvantage,
As to the Registrars.—These gentlemen appear to hold
an anomalous position, occasionally discharging the func-
tions of the commissioners, and when not so occupied their
duties appear to be such as would be batter discharged by
experienced accountants ; their utility under the existing
system appears to be of an extremely limited character;
as to the control which should be exercised by the regis-
trars over the meesengers of the conrt, it appears that in
one of the district courts two of the registrars were actually
under pecuniary obligations to the messengers of the court,
and had bees so for many years. The registrars are entrusted
with the audit and taxation of the passengers' bills of costs
against the bankrupt estate, and in the cases referred to,
each of the messengers is reputed to have overcharged
sums, amounting in one case to £1,423, and in the other to
£1,560 in two years, which overcharges had been allowed
by the registrars, and retained by the messengers.
As regards the Accountant in Bankruptcy—This :officer
appears simply to discharge the duties of a treasurer, hav-
ing no control whatever over either the official or creditors'
assignees, or their accounts.
As to the Messengers.—The payment of the officers fre-
quently constitutes a very heavy charge upon the mete.

PRICE .4d.
STAMPED ....sd.

Their duties seem to be such as might be discharged by the
assignees. It appears that, in addition to their authorised
dues, they have been in the habit of making charges in re-
spect of duties not performed, for journeys never undertaken,
and for others far in excess of the amount paid. The die
coveries previously mentioned, of overcharges to the amount
of £1,423 and £1,666 in the years 1862 and 1863, are due to
an investigation ordered by the Lord Chancellor to be made
as to the Leeds district court. It is proved that the mes•
sengers are constantly in the habit of employing brokers,
notwithstanding the abolition of.that custom by the act of
1861, and of charging the same in their accounts, which,
being sanctioned by the registrar as taxing-master.thc soli-
citor to the estate is compelled to pay.
As to the Ushers.—The duties of the ushers would ap-
pear to be simply to attend upon the court, for which their
salaries, varying from £BO to £lOO per annum, seem to be
ample remuneration. But it is apparent from the evidence
that these individuals exercise such occult influence over
the legal practitioners in these courts as enables them to
levy very heavy contributions in the shape of charges for
useless copies of proceedings, which the solicitors feel bound
to take in order to avoid obstruction in the despatch of
business.

In an appendix of nearly 200 pages are a variety of im-
portant dccuments which were communicated to the com-
mittee, or called for by them, in the course of the inquiry,

Cotton Supply Association.

At the usual weekly meeting of the executive
committee, held on Tuesday, a letter was read from
Malta, reporting that the twr:, gins presented by
the association to the Maltese Exhibition have been
set up, one in the large village of Zebbng, where
any one is at liberty to clean his cotton by it free
of charge, and the other is one of the Government
houses in the neighbouring island of Gozo, for pub-
lic use. By this means it is hoped that the gins
will be useful, and be appreciated in spite of the
great prejudice prevailing against anything new.
The quantity of cotton raised in these islands has
hitherto averaged 3,500,0001 b. per annum, and the
produce of this year is expected to be 4,500,0001 b.
Experiments are in progress with three sorts of
foreign cotton seed, the results of which will be
communicated. The land is principally a good
fruitful clay, mixed more or less with disinte-
grated calcareous sandstone. In some places there
is a mixture of fine red loam, but there is supply of
water. A letter was received from Jaffa, reporting
the results of cotton cultivation on the Palestine
Model Farm, and enclosing samples of the cotton
grown there from seed sent out by the association.
The Egyptian and New Orleans varieties are de-
scribed as presenting a beautiful appearance, the
plants being about four feet high and very full ;
the cotton ia white, fine, and of long staple, and has
been grown without irrigation. The cotton raised
from native seed in the district has this year proved
a failure; the plants, though looking healthy and
promising during the whole of the season, have
borne but little, and in many cases nothing what-
ever, whilst the cotton is coarse and of short staple.
It is represented to be highly important that
' exotic seed should be largely introduced, as both
climate and soil are most favourable to the culti-
vation of cotton, and that without irriga-
tion. A letter was read from Mr. Hyde
Clarke, describing an interview at Constanti.
nopie with Fuad Pacha, Grand Vizier, in which
he urged upon the Government the importance of
taking immediate measures to ensure an ample sup-
ply of American seed for distribution in Turkey,
and the fulfilment of the promises made by the
Porte to liberate the cultivators of cotton from the
vexatious interference of the tax collector, as well
as the necessity of securing the construction of roads
and railways. Samples of cotton, called " Laran,"
were received from Peru, with an intimation that
this quality is likely to come forward in consider.
able quantities before long. The cultivation of
cotton is reported to be progressing favourably in
Rio Grande do Sul (Brazils), and that some parcels
are on their way to Liverpool. A sample was re•
ceived of a fibre from the 'West Indies, described
as growing in a pod I:ke cotton, and a small shrub
called imako, the bark of which is used to make
cords for tying horses. A letter was read from the ;
honorary agents of the association at Bombay,
containing details of the distribution of American
and Egyptian seed forwarded to them, and which
has been sent throughout the presidency, and to
other parts of India. Copies of the draft of a new
tariff for the Dutch colonies in the Eastern Seas,
which has been submitted by the Netherlands Go-
vernment to the States-General were received from
the Foreign-office. Consular reports on the cni-

tivation of cotton in the district of Aleppo, Corfu,
Ceara, Maceio, Bahia, and Damascus were received
from the Foreign-office, together with a despatch
from the acting consul-general at Constantinople,
enclosing a report from the vice-consul at A dria-
nople. He states that satisfactory accounts have
been received of the districts of Ouzounkuipru and
Dimotica. The crops from American seed arc in a
forward state, and there is every reason to hope
that they will give good returns. The reports
from most parts of the districts in Thrace
and Bulgaria represent the crops from Egyptian
seed to be by no means encouraging, and the
generality of growers are of opinion that this
exotic cannot be successfully naturalised in this
part of European Turkey. A large supply of Ame-
rican seed for distribution in Adrianople, Ouzoun-
kuipru, and Dimotica, is earnestly recommended.
The return from the Pashalik of Aleppo, Adana, and
Maraslo states that 310,000 acres were planted with
cotton in 1863, and 745,000 acres in 1864—that but
a very smell quantity of American seed has been
sown this year, and the produce, which was 212,500
cwt in 1863, is expected to be 215,000 cwt in 1864.
The crop is sent to Mersyna and Alexandretta. The
cultivation of sesame seed, castor oil plant, and rice
has been entirely abandoned for that of cotton. In
the Pashalik of Adana a species of worm resembling
a small silkworm has done considerable damage to
the cotton plants, and destroyed, it is calculated,
about two-thirds of the pods ; so that, though more
than double the area has been sown, the produce
will not be much greater than last year's. I❑ the
pashaliks of Aleppo and Marasle the crops are very
promising. The insecurity occasioned by the inroads
of the wandering tribes, bath Bedaweens and Tur-
comans, to whom large sums have to be paid, as
blackmail, is a serious obstacle to the extension of
cotton cultivation. Large tracts of fine arable land
a►l along the banks of the Euphrates, easily irriga.
ble, and still bearing traces of ancient cultivation,
are now lying waste. From the island of Corfu it
is reported that the land available for cotton is of
small extent, and the produce, always insignificant,
has rather diminished than increased. No cotton is
exported; it is solely cultivated for home consump-
tion, and is not likely to extend during the feverish
excitement of political changes, and whilst many in-
tricate questions, affecting the relative position of
landlord and tenant, remain to be determined by
legislative enactment. In the island of Cephalonia
there are no materials for forming a reliable esti-
mate of the extent of land planted with cotton,
which is only cultivated for home consumption.
In the island of nate, the soil being unsuitable
for cotton, but little was grown until within the last
three years, during which it has somewhat increased;
the produce last year was 12,0001b5, and this year
is expected to be 40,0001b5. The return from Ceara
(Brazils) states that no reliable estimate can be
formed of the extent of cotton cultivation in that
province, but the annual shipments from 1845 up to
last year show a considerable increase ; the want of
population is the great drawback. It is estimated
that 4,480,0001bs will be exported this year. In the
province of Alagoas (Brazils) the area planted with
cotton in 1863 was about 90 square leagues, and the
increase this year is ten per cent. The produce,
which in the former year was 49,609 bales, or
310,056 arrobas of 321 b each, is expected to be
doubled this year. Up to the end of August, 43,614
bales, or 224,984 arrobas of 321 b each, had been
exported. In the province of Bahia no materials
exist for forming an accurate estimate of the extent
of land planted 'with cotton, which is, however,
small ; very little, if any, foreign seed has been used

N s

although it has been imporkd. About §35 toe* et
cotton was the produce of 1863, and 873 tone were
received ❑} to the end of August in this year. Bad
roads, sad the want of means of transport, are great
hindrances to the cultivation of cotton, and govern-
mentrhas not done anything towards the removal
of impediments. Her Majesty's Consul at Damas•
cus states that he has had- the queries of the associa.
tion tramilated into Arabic, and forwarded them to
the mudirs of the districts, and the sheikhs of
the principal villages, bat the answers have not
yet been received. From personal inquiries made
at Baalbek, he reports that 1,000 acres were planted
with cotton in this district in 1863, and 3,000 in
1864, and that the produce in the former year
was 36,0001b5, and is explcted to be in the latter
180,000Ibs, which is sent to Beirut. The crops
iook healthy. American seed had not succeeded;
the plants came up weli,hut the autumn rains set in
before the pods were ripe. The native plant does
not require so long a time to come to perfection.
The climate is cold, owing to proximity to Mounts
Lebanon and An i-Lebanon. Various grants of seed
were made, which closed the proceedings.

The Distress in Lancashire.

PRESTON.

At the weekly meeting of the Relief Committee
held at Crooked-lane on Monday night there was a
further increase in the number of cases relieves.
It appears from the report presented that the num•
ber of cases was 2,413, comprising 8,983 persons,
who had been relieved at a cost of £251 7s 2d, being
an increase of 113 cases, 348 persona, and £ll 15s 2d
in cost. The chief constable's report shows that there
were 8,973 operatives working six days per week,
1,345 five days, 1,322 four days, 4,599 three days, 46
two days, and 11,139 totally unemployed. The num-
ber of mills totally closed was 27, and the loss of
wages for the week £9,833 63. Owing to the pre.
valence of scarlet fever and other sickness, the Re.
lief Committee ordered their visitors to report as to
the extent to which this prevailed, also the condi.
tion of the dwellinghouses and premises in the dis-
tricts affected. The result of these inquiries showed
that during the past fortnight there had been 192
cases of scarlet fever, 41 of which had proved fatal,
The sanitary condition of the worst part of the
town was in many instances very bad, open cess-
pools and other nuisances being enumerated. The
committee referred these reports to the local Board
of Health, who promptly instructed their inspector
to see that the evils complained of were at once
remedied.