The Sun.
London, England, 1831-08-13 00:00:00

FRAUDULENT DEBTORS' BILL.

Lord WYNFORD moved the third reading of the
Fraudulent Debtors' Bill, and again explained its nature
and object, and mentioned some amendments which he
proposed to introduce, in order to obviate the objections
of his Noble and Learned Friend (Lord Plunkett). It
often happened that when judgment was recovered in this
country, the only means by which the creditor could get
the fruits of it was by imprisonment of the person of the
debtor. This remedy might have been effectual when
prisons were not quite so comfortable as they were now.—
But now, when the prisoners had the rules, it was found
that prisons and their rules afforded very comfortable lodg-
ings, and the consequence was, that imprisonment was in
many instances quite inadequate to compel debtors to pay
their debts, although they had abundant means of doing so.
Although they should have double the amount of their
debts in the funds, or in the hands of third persons, they
often preferred remaining in prison or going abroad to the
payment of their debts. Large properties were thus spent
in prison and in foreign countries which ought to go to
pay the debts due to creditors, whose ruin was often the
consequence of non .payment. There were in one of the
prisons of the metropolis one hundred persons who had the
means to pay, and yet chose to remain in prison rather
than pay one farthing ; and thousands had absconded and
gone abroad to avoid the payment of their debts. He had
received many communications, by post, from bankers and
others, complaining of this state of the law, and urging
him to proceed with his Bill. He had long turned this
subject in his mind, and he could not devise any adequate
remedy, except by subjecting those who stood in the situa-
tion of fraudulent debtors to the Bankrupt Laws, although
they were not traders. The object of this Bill was
not to extend the Bankrupt Laws to all descriptions of
persons, but only to those, not being traders, who frau-
dulently refused to pay their debts when they had
the power to pay. It was only applying to them the
same law to which the most honourable merchants were
subject. And then it ought to be observed, that the bank-
rupt
had some privileges which did not belong to the
mere insolvent, for if his bankruptcy was owing to misfor-
tune, and he himself was clear from blame, he had an al-
lowance made to him, and both his person and future pro-
perty were protected by his certificate. It had been ob-
jected that a debtor of this description might, under this
Bill, in case he did not surrender in a given time, be trans-
ported as a felon; but that would depend on the discretion
of the Lord Chancellor ; and a decidedly fraudulently
debtor would have no reason to complain that he was
made liable to be transported. Then it bad been ob-
i''cted, with respect to those residing abroad, that this
Bill did not make it necessary that they should be person.
ally served. But it would often be impossible to serve
them personally, as they could effectually prevent that by a
change of name ; and persons residing abroad, who had
property in this country, were almost always very well
informed as to what was
passing here, and service at
their last place of abode, and advertisementsin the
Gazette and in their county Newspaper would be quite
sufficient notice. It had been objected that judgment
creditors would by this Bill be deprived of their lien on
the freehold property of the debtors, and reduced under the
commission to the condition of simple contract creditors;
but he had a clause to propose, by which it was provided
that the commission should not deprive judgment credirors
of their lien, provided it should appear to the Lord Chan-
cellor on inquiry that the judgments had been fairly and
bona fide obtained ; and it was not desirable that fraudu-
lent
aioemjiuneileg tsomteitiorshould be er
vpirdoi toegeted that
.0 He
estateshael alsoio raetr.
inainder, nor any estates except those in actual posse.sion,
should he sold under the 13,11. Another amendment was,
that the provisions of the Bill should not take effect against
persons residing abroad until the expiration of twelve
months from the passing of the Bill, within which time
they might exempt themselves by returning and paving or
compounding with their creditors. The object of this
Bill was not to imprison debtors, but to compel them to
pay their debts, for be considered imprisonment for debt
to be impropa, except to compel the debtor tc give up his
property.
tto it bybe thewa s Noblea tisfiEedarl that(F (Fife)
near
would
him,
operate it
Lord PLUNKETT felt himself bound to insist that the
Bill should be abandoned altogether. He was glad that
his attentielhaodn
been
examiningcllel it,
fiw.
harshly and oppressively on that class of
persons to whom it applied. In the first place, it was a
great hardship on persons not in trade who went abroad,
not to avoid their creditors, but for their amusement, or
from some other motive.—LLord WYNFORD-They might
remain at home till they paid their debts.] —lt might be
proper that they should so remain at home ; and, if the
Noble and Learned Lord could find some proper means to
B Bill would be,
paying hs
'
i
keep them at home, he should be glad of it; but this
going The effect
abroad, ofwithout the
that measurea private en
debts, might be made bankrupt, whether he had actual
notice of the proceedings against him or not. Notice in
the Gazette and in newspapers might never reach him ;
and, as to service at his last place of abode, it often hap-
pened that persons going abroad had no place of abode in
astoog itilaernslhan
this country. The "Noble and Learned Lord had said, that
the being made liable to transportation for life was no hard-
ship upon one who refused to ply his debts when he had the
means to pay; but it appeared to him to be a very harsh mea-
sure, to render a man criminally responsible as a felon, for
that which was a matter of civil contract. But his main
objection was that a person should be made thus liable,
who should. be found by a Jury to be staying abroad to
avoid paying
.his debts, although he should nota have gone
abroad to. avoid his creditors. The Noble and Le rued
thehey j.wudogumidestittilst,
Lord said that the matter of transportation would be a
subject to the discretion of the Lord Chancellor. But very
sound as that discretion. might be, still it was not a hazard
to which
.the liberty of the subject ought to be put. Then
as the Noble and Learned Lord had said
thbe effectual as liens on the property,
provided it was found, on inquiry
by the Lord Chancellor,
that they were
not fraudulently entered up. But the great
value. of a. judgment as a security was that it should not be
inquired into. Upon the whole the Bankrupt Laws were
very good for traders, but they could not be extended without
injustice. This remedy was worse thau the disease. The
Noble and Learned Lord called upon him
to propose a
better if he could. But he would not be Doctor to the
atto.t
Noble and Learned Lord's Bill, nor would he undertake
its management.

Lord TENTERDEN bad not of late had an opportunity
of examining the Bills in progress through that House,
nor was he sufficiently acquainted with all the details of the
Bill of his Noble and Learned Friend. He would, there-
fore, suggest to his Noble and Learned Friend that the
third reading of the Bill should be postponed for some days.
Lord WYNFORD consented to this, and observed, that
the observations of the Noble and Learned Lord (Plunkett)
only convinced him the more that this Bill was a good
measure.

The Earl of ELDON thanked hie Noble and Learned
Friend for the readiness with which he had agreed to
postpone the third reading of the Bill. Nobody could

wetiiey t
The subject was one
1,19 k about ai i'lhat was pissing around him, efithott:
boiog convinced that enornlnt. frauds were committed by
but
if,an
eb;vooerrs7o
hf tothnoes
ipdderesorcpcdt i oci
ffiuttoci
ouuwl
tsyhich t 7
Bhilill referred;
ly.
ak
measures to prevent fraud, great care ought to be taken
that the innocent shank] be protected.

The Bill was then committed pro larva, the amend-
' ments were introduced, and the third reading appointed for
Tuesday *6ek---:
Lord Wititi:oo maied for a return sf the declared
value of British mar:AP:tut-ea exported during the last
three years —Ordered.
'VP.TON'S. DIVORCE BILL.
The LORD CHASICEI,I.OR stated, that he had Cori-
sidercd the evidence given in this CijST, as it was his duty
to do, more especially as it was only the actc•nd or third
instance dr a ^ife app'ying to Parliament for a dli•o?ce.—
The result of his ezaiiiitiretion was, that much of the objee-
tion which be at first had to ti:e Pill had been removed.—
His Noble and Learned Friend near hitt:. fTenterden) had
atten'iled to the first part of the evidence, but not as
yet had an oppO'rt7rity of seeing the remainder. He pro-
posed, therefore, that in to give his Noble and Learned
Friend an opportunity to examine flit whole of the evidence
the further consideration of the Bill shoOd I,e,postponed
till Tuesday next; which was ordered accordingly.
Adjourned till Monday, at Half-past Three o'clock.

40 USE OF COMMONS, Auatur 12.
The Srrnxaa took the Chairshortly after Three o'clock.
Mr. Ht-r WOOD presented a petition from the Cham-
ber of Commerce itl Manchester, praying that permission
be granted to refine foreign sugars in England ; also a
petition from Ashton-under- Line against the hours of labour
in factories; a petition from Manchester ag tinet the Liability
of Landlords' Bill ; and a petition from the Members of the
Mechanics' Institute at Bolton in Lancashire, against the
taxes on knowledge _ _

Lord MORPETH presented three petitions from Leeds,
Halifax, an I Dewsbury, numerously and respectably
signed, praying that some system of permanent and legal
provision may he made for the relief of the poor of Ireland.
Mr. SADLER supported the prayer of the petitions,
and urged on the House the immediate necessity of resort-
ing to some measure by establishing poor laws in Ireland.
Colonel DAVIES was of opinion that the adoption of
the poor laws in Ireland would not have the effect of pre-
venting the influx of Irish labourers into this country. It
was the high price of labour in this country that tempted
the poor hither.
Mr. HUNT supported the prayer of the petitions. He
attributed all the distress of the labouring poor of Ireland
to the high rate of taxation.
Colonel SIBTHORPE thought that great exertions were
being made to keep up the distinction between the English
and Irish labourers. He saw in the newspapers that in
the county he had the honour of belonging to (Lincoln.
shire) there was an account of a brutal attack that had
been made on the Irish labourers, three of whom had
been most disgustingly assaulted ; now be had the Lincoln
paper in his hand, and he was happy to say that there was
not any part of the statement founded in truth.

After a few words from Mr. SADLER and Lord Mott-
rEnt the petitions were laid on the table, and ordered to
e printed.