The Sun.
London, England, 1854-04-27 00:00:00

TEE BANKRUPTCY COMMISSION.

The Bankruptcy Commission has brought its
labour to a close, and their report, as well as the
evidence, will be published in the course of a few
days. The form of the commission ran thus :

" Victoria R.—Victoria, by the Grace of God of the
United Kingdom of Great Britain and Ireland, Queen
Defender of the Faith : To our right trusty and well-
beloved Councillor Spencer Horatio Walpole, our trusty
and well-beloved Sir George Rose, Knight, Clement
Tudway Swanston, Esq., one of our counsel learned in
the law, Matthew Davenport Hill, Esq., one other of
our counsel learned in the law, James Bacon, Esq., one
other of our counsel learned in the law, Edward
Hol-
royd, Esq., one of our Commissioners of our Court of
Bankruptcy, Edward Cooke, Esq., barrister.at-law, and
George Carr Glyn, Esq., Greeting :
" Whereas we have deemed it expedient, for divers
good causes and considerations, that a commission
should forthwith issue to inquire and ascertain whether
in any and what particular, the bankrupt law, as it now
exists under the Bankrupt Law Consolidation Act,
1849, requires amendment : Not know, ye, therefore,
that we, reposing great trust and confidence in your
zeal, discretion, and integrity, have authorised and ap-
pointed, and by these presents do authorise and ap-
point, you the said Spencer Horatio Walpole, Sir George
Rose, Clement Tudway Swanston, Matthew Daven e
port Hill, James Bacon, Edward Holroyd, Edward
Cooke, and George Carr Glyn, or any four or
more of you, to inquire and report whether the
alteration of the Bankrupt Law made by the said
Act of 1849, establishing class certificates, has
or has not been productive of benefit ; and whether,
with the view of obtaining uniformity of prac-
tice in the different courts of bankruptcy as to the grant-
ing of such certificates or for any other reason, any and
what alteration of the present enactment on the subject
would be desirable ; and generally to inquire whether in
any and in what other particulars the Bankrupt Law as
it now exists under the last-mentioned act requires
amendment ; also to inquire whether any and what more
effectual means can be adopted for obtaining a more
efficient check on the accounts of the official assignees,
and for preventing the misapplication by them of the
funds coming to their hands ; also to inquire as to the
cause of the diminution of the fees and funds now by law
applicable to the payment of the expenses of the Court
of Bankruptcy ; and it appearing that those funds are
now insufficient to discharge those expenses, to inquire
whether such deficiency is likely to be permanent ; and
whether, having regard to the quantity of business trans-
acted by the Courts of Bankruptcy, any and what reduc-
tion of the establishments of those courts, tither in Len-
don or in the country, can safely and properly be made,
or any and what other measures adopted for meeting
their expenses.
" And for the better discovery of the truth in the pre-
mises, we do by these presents give and grant to you, or
any four or more of you, full power and authority to
call before you, or any four or more of you, such and so
many of the commissioners, officers, and clerks of the
said courts and all such other persons as you shall judge
necessary, by whom you may be informed of the truth
in the premises ; and to inquire of the premises by all
other lawful ways and means whatsoever.
" And we do hereby give and grant unto you, or any
four or more of you, full power and authority to cause
all or any of the officers and clerks of the said courts to
bring and produce before you, or any four or more of
you, all books, papers, or other writings belonging to
the said courts, or to any of the officers within the same.
" And our further will and pleasure is, that you do,
within one year after the date of this our commission, or
sooner, if the same can conveniently be done (using all
diligence),
" Certify to us in our Court of Chancery, under the
what
hands and seals of you, or any four or more of you,
you shall have done in the premises.
com"mAinssdionwe shall further
t i nwui lel inanfdullnofinorniceanadn'
shall and may from time to time procee. drip h
.
n
time
eo
to -
time by adjournment.
that you our commissioners, or any our od thatvti irhteeu thiseefx yeaoocnuuudr
f,
tt iaoi nn e tdh, e
althoughre of , an d
theof
"And for your assistance in the due execution of this
everysame
bematter
not
continued itnhl
uen dg fromt ere
our commission, we have made choice of our trusty and
well-beloved. Francis Savage Reill
y,Esq., barrister-at-
be secretary to this our commission, and to
law, to
attend you, whose services and assistance we require you
to use from time to time as occasion shall require.
" Given at our Court at St. James's, the 23d day of
August, 1853, in the 17th year of our reign.
" By her Majesty's command,

" PALMERSTON."
it is stated in well-informed quarters that several
very important changes have been recommended.
One of the matters most carefully considered by
the Commissioners was, we are told, the question
of the classification of the certificate. At present
there are three classes of certificates, one or other
of which, if the certificate be not refused altogether
it is imperative on the commissioner to grant. A
first-class certificate is granted where, according to
the language of the schedule of the Consolidation
Act of 1849, the bankruptcy has arisen wholly from
unavoidable losses and misfortune; a second class,
where it has partly so arisen ; a third class, where
the failure is not at all referable to such a cause.
To this classification Lord St. Leonards, as well as
many professional and non-professional men, are
opposed. They are for its entire abolition. Upon
the other hand, most of the Commissioners, and,
we believe, the great mass of mercantile men who
have paid attention to the subject, are decidedly
in favour of classification.
If we are not misinformed, the Royal Commis•
sioners have (inter utrwinquc teas) recommends
that instead of three classes there should be only
two.
By the Consolidation Act it was
that no trader should be allowed to
become bank-
rupt on his own petition, unless provoi_elecdo,
ho could skow
order to keep pauper bankruptcies out f _