The Sun.
London, England, 1865-03-28 00:00:00

The Bankruptcy Law.

The report of the select committee of the House I
of Commons on the Bankruptcy Act is about to be
issued, and is now in print. Their resolutions ap-
pear in the Law Times of Saturday. The com-
mittee recommend the abolition of the present
bankruptcy courts as soon as practicable, and the
adoption of the Scotch system. A special court
is to be established in London, in which the
judges of the superior courts of equity and com-
mon law are to have power to sit as judges. The
adjudications in the country are to be made by the
county court, and all appeals from the county court
in matters above £2O are to be made to the
court in London. The bankruptcy administration
is to be by paid trustees appointed by the creditors,
and they are to act under the supervision of two
unpaid inspectors, who are to be chosen out of the
generalassig assignee is of
to be abolished, creditors. The
and, a f
tafter office
of official
adjudication, ffi cia
and until the appointment of a trustee, the bank-
rupt's property is to remain in his charge in trust for
his creditors. The trustee is to have full power to
realise and distribute the estate, and to admit or
give
security,
r keepy it,
reject claims of creditors, subject in the latter case
to appeal to the court of adjudication
rle i s
a record, present accounts periodically,
and be paid such remuneration as may be determined
upon by the creditors. The court of adjudication is to
have power to make such order as may be necessary to
compel a due compliance with the bankrupt laws. The
official administrative business in the bankruptcy is to
be performed by the registrars and a chief accountant;
and the present commissioners, ushers, and messen-
gers are to be allowed to retire on their full salary.
The committee recommend the total abolition of im-
prisonment for debt, except in the cases of abscond-
ing debtors and debtors committed by a county court
judge. With regard to the discharge of a bankrupt,
it is proposed that until he has paid 6s. Bd. in the
pound, or until six years has elapsed from the date
of his adjudication, he shall not be free from those
debts provable under his bankruptcy. Any property
a bankrupt may possess before the expiration of the
six years he may apply in payment of the 6s. Bd. in
the pound, and it is to have the same effect as if he
had paid it under the bankruptcy. All wilful acts
of bankrupts as tend to delay and injure creditors,
that shall be declared by law to be criminal, are to
be punishable in the ordinary courts. The arrange-
ments with creditors by deed, the committee pro-
pose to considerably amend ; and with regard to the
debtors' discharge, to apply the same condition as
in bankruptcy,
viz.,paYinn of 6
pound. Theserecommendationset
are
thes. Bd.sn in the
bstanee
the
of the resolutions of the select committee.

Commons and Open Spaces round the
Metropolis,

The committee appointed to inquire into the best
means of preserving for the public use the forests,
commons, and open spaces in and around the me-
tropolis met again yesterday, Mr. Locke in the chair.
Mr. Foster, the steward of the manor of Wimble-
don, was further examined as to the effect of the

provisions of the bill now before Parliament. In
reply to questions by Mr. Tollemache, he stated that
any alteration in the proposed plan must rest with

the trustees appointed to carry out Lord Spencer's
intentions. They could have no object in clearing
away the gorse for the purpose of increasing the

pasturage, inasmuch as they would derive no benefit
from obtaining a larger revenue than was necessary
for keeping up the park.
By Mr. ilanbury—There was a strong feeling in
the neighbourhood against the scheme, but a large

number of the inhabitants were favourable to it.

By Mr. Baillie—lie believed that Earl Spencer
had been in the habit of cutting green turf, and was
not aware that it was illegal to do so. If he had
occupied the right for a certain number of ye'ars he
might obtain it by prescription. A portion of the
common was omitted from the bill, and that portion
would remain unaffected by the bill. That was quite
independent of the portion which Earl Spencer was
willing to dedicate to the use of the public.
By Mr. Peacocke—Some small enclosures had
taken place on the common. The homage jury had

not been consulted on these matters. Earl Spencer's

assent was obtained to the National Rifle Associa-

tion using a part of the common. He did not autho-
rise any inclosure of any kind, neither did he make

any objection.
By Mr. Cox—Had never known any presentment
against persons for trespassing on Wimbledon-com-
mon. Had seen persons playing at cricket from
time to time. Had never seen a notice board to pre-

vent persons from trespassing on the common.

Cautions had been issued warning persons not to

deposit rubbish or cut furze.
By Mr. Lefevre—Supposing freeholders to have
enjoyed rights and turned their cattle on the com-

- -
mon from time immemorial, would not fhat be a

prescriptive right 7—The freeholder claiming that
right would have to prove the prescription. He was
not aware that the public had any rights over the
common. He did not regard it in the light of a vil-
lage green. Believed very few people had been
turned out on the common. Was not aware that
the Homage Jury had consented to the enclosure of
any parts of the manors of Earl Spencer.
By Mr. Kinnaird—The common was used by
schools at Wimbledon, Putney, and other places for
purposes of recreation. An inclosure would not
necessarily interfere with any rights of way which
at present existed. Had seen meetings of the Na-
tional Rifle Association on the common.

By Mr. Locke King—The scheme had been mate-
rially altered since it was first brought forward.
Had no objection to place the amended scheme
before the committee, and would undertake to do so.
Earl Spencer, recalled, stated in reply to ques-
tions by Mr. Cox, that he had seen persons playing
at cricket on a portion of the plan marked Wimble-
don-green. He had seen quoit playing at the place
used by the Scottish Rifles. Had not seen any
notice posted warning persons against trespassing
on the common. Had never given orders for the
issue of such notices, or any instructions respecting
trespassing. The gipsies bad been interfered with
on account of their horses trespassing, but they had
not been proceeded against personally for trespa- g'ng.
The Hon. E. B. Wrottesley, examined by Mr.
Bailie—Resided at Putney at present. Formerly
resided at Barnes. The feeling of the inhabitants
of Putney is unanimous against Earl Spencer's ap-
portionment of Wimbledon-common. During the
last 30 years the commons at Barnes and Putney
had been much frequented by gipsies. A few years
ago steps were taken to put an end to the annoy-
ance, and two keepers had been appointed—one by
Earl Spencer and the other by the inhabitants of
Barnes. These two keepers had been sufficient to
exclude the gipsies. Earl Spencer'skeeper had juris-
diction over Putney-common, and the other com-
mon was looked after by the keeper employed by
the inhabitants of Barnes.

By Mr. Locke King—There was no difficulty in
keeping the gipsies off the common without the
erection of a fence. Two men and the expenditure
of about £lOO a year upon Wimbledon would be
quite sufficient for that purpose.
By Mr. Cox—Never heard of any proceeding
being instituted against any person for sitting down
or sleeping upon the common, or of anyperson being
warned against doing so.
Lord Elcho, M.P., called and examined by Lord
Bury—As chairman of the National Rifle Association
had obtained leave from Earl Spencer to erect butts

on Wimbledon-common. It rested on an annua„
agreement, and they were bound by that agreement
if Earl Spencer insisted on levelling thebutts. It was
very essential in a national point of view that the as-
sociation should have the opportunity of erecting
butts on Wimbledon-common. He might state
frankly that Wimbledon-common was not only the
only place near London, but the only place in Great
Britain, where the National Rifle Association could
hold their meetings. In the year 1860 it was con-
sidered desirable to form that association on the
principle of the agricultural associations, and to
vary the places of holding the meetings. But that
idea was not carried out, and Epsom, Woolwich
marshes, and various other localities were inspected,
but Wimbledon-common was considered the most
eligible place, and Earl Spencer was quite ready to
do everything in his power to facilitate the move-
ment. During the five years of the existence of the
National Rifle Association they had expended for
drainage and other purposes onWirabledon-common
£4,082 3s. id. That expenditure had made the
common infinitely better as a place of recreation.
In many places it was marshy and swampy, and the
roads which had been constructed were of the greatest
public service. Looking at the voluntary movement
as a national measure, he considered the national
Rifle Association not only desirable and necessary,
but absolutely essential, and believed that if it ceased
to exist the county asssociations would fall off. In
his opinion, if they lost Wimbledon-common they
would altogether lose the National Rifle Association.
It must meet near London, and no place near the
metropolis was so suitable as Wimbledon-common.
The public had considerable rights on the common,
and as a part of the public the volunteers were
mainly interested in maintaining it as a place
of recreation. He believed that Earl Spencer
proposed to continue the enjoyment under trus-
tees. He (Lord Elcho) had no reason to disap-
prove of the bill ; but as chairman of the associa-
tion it had never been brought before him.
An impression had gone abroad that the bill was
brought in with the concurrence and privity of the
National Rifle Association, but that was not the
case, and they had nothing to do with the bill. The
Rifle Association were admitted to the use of the
common as a portion of the public. As one of the
public h.-3 had played at golf on the common, and be-
lieved that the change contemplated would have the
effect of improving it. As one of the public he
should object to a high enclosure. .He had urged
Earl Spencer to keep up the wild character of the
place. As regarded fencing, a rough split post and
rail fence, to prevent sheep from straying, was all
that was required, and in his opinion it would not
injure the common.
By the Chairman—lt was not necessary for the
convenience of the rifle corps that the common
should be enclosed ; they would prefer it in its pre-
sent state, with this exception—that if power was
given to trustees to recognise them and go there for
rifle purposes, they would acquire a position which
they did not at present hold. A high fence would
be beneficial so far to the Rifle Association that it
would save them £5OO a year ; and, as chairman of
the association, he should say erect that fence, but
as an individual he did not wish to have such a
fence, and would rather see the association left
where they now were. A post and rail fence would
be of no benefit to the Rifle Association.
By Mr. Baillie—Did not think it a nuisance to
the people of Wimbledon to have permanent butts
on the common. Such a sacrifice for the public
good was a-very small one.
The committee then adjourned.