The Sun.
London, England, 1831-09-24 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, SEPTEMBER 23.
The Surplus Ways and Means Bill was read a third
time and passed.
Lord ELLENI3OROUGH moved the second reading of
the Coal Trade Regulation Bill.
The Marquis of LONDONDERRY said, that having
been the meins of instituting the enquiry which had led
to the present Bill, lie was happy to see it in such
a forward stage. It had been said that the public had not
benefitted by the abandonment of the Government
duty, but Noble Lords should be aware that some
months in the year the stock of coal was not so large as in
others, which led to a fluctuation in the price. He was
sure that the coal-owners had not kept the extr t profit, but
believed it hail found its way into the pockets of the ship.
owner. He hoped soon to see the time when tl.e public
would get that essential article without any onerous duty

upon it.
The Bill was read a second time, and ordered to be
committed on Monday next.
The Earl of CAMPERDOWN presented a petition
from a place in Scotland, praying for a lim.tat:ol of the
hours that children should work in ritatelep.:
The Marquis of WESTMIN T 2.11. p.estnt d a petition
from the proprietors of new b (r .ouiei in Westminster,
praying that they might keep their houses open the same
hours as licensed victuallers.
Lord SUFFIELD presented a petition from Norfolk ie
favour of the Reform Bill.
The Duke of RICHMOND presented a petition from
Castle-Douglas and its neighbourhood, in favour of the
Reform Bill.
The Marquis of LONDONDERRY—It might be conve-
nient for Government to know the nature of his motion
for Monday. He wished to know, and lie would move for,
all the communications that had passed between the Bri-
tish, French, and Belgian Governments relative to the em-
ployment of French officers
,in the Belgian army.
The Duke of RICHMOND moved the re-commitment
of the Game Bill.
Lord WHARNCLIFFE suggested that it would be de-
sirable to refer the Bill to a Committee up-stairs, as it
was at present very imperfect.
The Duke of RICHMOND, knowing that the Noble
Lord was desirous that a measure of this kind should pass,
agreed to his proposal.
Lord WHARNCLIFFE—His objection was not to the
objects of the Bill, but to the sort of machinery by which
they were to be effected.
The Duke of WELLINGTON suggested that the exe-
cution of the Bill should be postponed till the next season.
The Duke of RICHMOND—There might be some
inconvenience in putting it in force on the 20th October,
but then the sale of game was one of the most important
pat is of the Bill ; and if that was not allowed immediately
there would be necessarily a great deal of poaching in the
months of November and December, the great poaching
months. He had been informed by a London salesman
that he had sold as many as 20,000 head of game in a
year, and as many as 1,000 in a week.
The Marquis of LONDONDERRY was desirous that
the execution should be postponed till the Ist March.
After some remarks from the Earl of CA RITA RYON,
the Marquis of SALISBURY, and Lord Wit A IiNCLIFFE, the
Bill was ordered to be referred to a Committee up-stairs,
BEER BILL.

On the motion of Lord Nis:Limo liNE, the report of the
Beer Bill was brought up, and the Bill was re-committed.
Some little amendments were introduced, and it was ordered
that the Bill should be printed as amended.
GALLERIES IN THE HOUSE OF LORDS.
The Earl of SHAFTESBURY read a report from a
Committee, recommending an address to his Majesty, pray
ing that his Majesty would be pleased to order the erection
of side galleries in the House of Lords, in order to accom-
modate the extraordinary number of Peers who were ex-
pected to attend on the debates on the Reform Bill.—The
House ordered an address to his Majesty accordingly.
BANKRUPTCY COURT BILL.
The House went into Committee again upon the Bank-
ruptcy Court Bill.
Lord WYNFORD briefly stated his objection to the Bill.
The establishment of a new Court he objected to as being
attended with expence and inconvenience, and he proposed
that that clause be omitted. He was willing to try the
,ffect of appointing the seven Commissioners as proposed
tiy the Bill, leaving the appeal to the Lord Chancellor ;
but the appointment of two registrars and three deputy
registrars he objected to, and proposed that they he struck
out. In the next place, he considered it as an objection to
the Bill, that it did not provide that notice should be given
to the person proposed to be declared a bankrupt, bef.re
the bankruptcy was declared, that be might oppose it if
be chose. Then he objected to the trying of the issues of
_fact in this new Court. The Judges would not he men of
sufficient experience to assist Juries in &dug their duty.
As the law stood at present, he had the opportunity of ex-
cepting to the directions of the Judge, and the Judge was
bound to sign the Bill of exceptions, so that the cause
might be brought into this House. He had not that ad-
vantage by the present Bill, unless the Lord Chanceller
allowed an appeal to this House. Then by this Bill the
payment of fees was taken away, and consequently there
was no provision for the payment of the country Corn-
missioners.—( LORD CHANCELLOR-The Bill did not in-
terfere with the fees in the country.) He now came to
that which he considered as the most objectionable of all
the clauses, and one to which even the citizens of London
were opposed—ihe meant that which went to appoint offi•
cial assignees. Here were thirty new officers to be ap-
pointed, at an immense comparative expence, without the
slightest necessity for them : they could not find security
adequate to the immense stuns which would come to their
hands, and nobody of the class of Special Jurors would
accept the office, except retired tradesmen. Upon the
whole, the Bill only substituted a bad system for a good
one, and he moved that the words appointing the new Court
should be lelt out.
The LORD CHANCELLOR—He had gone at length
into the particulars of the Bill on a former occasion, and
would now only say a few words in reply to his Noble and
Learned Friend. Ilis Noble and Learned Friend appeared
to consider this merely as a new Court of Review, to dis-
charge the functions at present discharged by the Lord
Chancellor. That was part of the duty of the new Court,
but then it did more, for it was not only a Court of Re-
view, but an original Court, to try issues of fact, with
the assistance of a Jury, which the Lord Chancellor could
not do. There was a great objection ttesthe present mode
of trying issues of fact by the Lord Chancellor on affidavit.
Suppose the fact to be tried should be trading, or the act
of bankruptcy, or other simple matter of fact in the Court
of Chancery, there might be ten Counsel on each side,
and multitudes of affidavits produced. This might be a
very good system for Counsel and Solicitors, and for the
useless spending of time, but it was a very bad tootle for
getting at the merits of the case. That would be much
better done by a Jury, who would have the witnesses be-
fore them, and who, by a single glance at a witness, could
sometimes Pim a better opinion than could be formed from
volumes of affidavits. As to giving notice to the person
whom it was intended to declare bankrupt, he had pro-
posed that in the original sketch of the Bill. Some-
thing like it was done in Scotland, which was certainly in a
considerable degree a commercial country. But then a con-
trary system had prevailed here, and those experienced per •
sons to whom, as he had before stated, he had submitted
the Bill, strongly objected to an alteration in this respect,
being of opinion that a change would have a very mis-
chievous operation in this great commercial country. He
had, therefore, been induced to leave out the notice for the
present, and it appeared to be admitted on all hands, that
the seizure of the goods must be ex-parte. Then as to the
expence, it was only taking in one way what had been
taken in another. His Noble and Learned Friend had
stated the expence of the Cotninissioners at 9,0001., hut
then he ought to have considered that the expence of the
present Commissioners was 29,0001., or at the very least
22,000/. Then there would be a great saving of expence
—a saving of at least from 11 to 12,0001. by the appoint-
ment of official assigness, and there would be a saving in
all of 24,000/. Another point to which he had forgotten
to advert on a former occasion was, that by the present
system, seventy Commissioners were required, and conse-
quently they could not get well qualified men ; and not
only so, but even these men devoted only a small part of
their time to this duty. Some of the ablest men at the
bar would be glad to accept of such a sure provision
-for life, rather than submit to all the risks of practice.
His Noble and Learned Friend had made—be would not
say 40,000/. or 50,000/ , a year, but certainly a great
annual sum, while at the bar, and yet he had been
glad to accept the smaller income of a Judge. Then
the appointment of official assignees would prevent the
system of jobbing assignees, and the fraudulent collu-
sion between bankrupts and assignees, which often took
place under the present system. As to the securities, there
were rules provided for making them sufficient. That
there were imperfections in the Bill he admitted, but so
it happened with all new measures, and it was very
likely tbat the Bill would soon require revision. Then it
was intended to make compensation to those who would
suffer from this measure, and it was bad economy to boggle
about compensation.
The Duke of WELLINGTON was very happy to hear
the last words of the Noble and Learned Lord. lie had
felt strongly, when this subject was under consideration
before, about the caw of l‘lr. Thurlow, son of the late