The Sun.
London, England, 1831-10-15 00:00:00

BANKRUPTCY COURT BILL.

The ATTORNEY-GENERAL moved that the Bank
ruptcy Court Bill should be re-committed.

Mr. FRESHFIELD took this opportunity of making a
suggestion to the Noble Lord (Althorp), admitting at the
.ame time the excellence of the principle of the Bill, and
that much good would be accomplished by it. His sug-
g.estion was, that the period when the Bill should come
into operation should be so postponed that time would iii
the interval be allowed to re-consider the subject and
make such amendments as appeared necessary. He to
commended that the provisions of the Bill should not be
carried into effect until June next.
Lord ALTHORP was informed that a Bill of this kind
must come into operation in the beginning of a new year,
n d that unless this measure were carried into effect in
January, 1832, it could not be introduced into practice
until 1833. Near), every Hon. Member had admitted
that it was a great improvement upon the old system.
Sir C. WETHERELL repeated his objectioxs, on the
ground of patronage, and contended, that even if the Bill
were necessary, its operation might be postponed without
inc.nvenience.

The ATTORNEY-GENERAL undertook to satisfy
any impartial men in the Committee that the Bill would be
a material saving of expense, independent of any other
advantages. It would be easy to provide that no inchoate
right should be perfected till the the Bill came into opera-
tion
in January next. No salaries would commence till
the New Court began its sitting.
Mr. HUME objected strongly to the provision for su-
perannuations and pensions for the new Judges and Officers
of the Court. The plan was a bad one at all times, but
particularly under the expectation that some measures
would be introduced to regulate superannuations and allow-
ances. One provision was most unbecoming the present
Ministers, viz., that which gave to the Judges and ofii
cers half their salaries, even if they had only served a few
months, if they could establish any bodily infirmity. He
(Mr. Hume) contended that the matter should first be sub-
mitted to the Treasury, and by the Treasury to the House
of Commons.

Lord ALTHORP said the provisions referred to by the
Hon. Member for Middlesex were nut essential to the
principle of the Bill, and the proper time to discuss them
was in the Committee. He thought, that if the Judges
were not allowed a retiring pension, they would remain in
office beyond the age at which they ought to retire.—
(Heir.) He should be sorry that anything in the Bill
should be taken as a precedent affecting the general ques-
tion of superannuation. He agreed with the Hon. Mem-
ber that the present system of superannuation was a great
grievance.

Mr. HUNT objected to the hurrying of so important a
Bill through the House at the close of the bemsion.
Mr. HARVEY said, that if the measure was advisable,
the patronage must be reposed somewhere ; and he did
not think it could be placed in better hands than those of
the Lord Chancellor. The Bill was, in substance and
spirit, the same as was recommended by the Committee
of ISIS.

Mr. POLLOCK said that the present measure would
provide a good system instead of a bad expedient, and
would substitute dispatch for delay, and economy for ex-
travagance.—(Hear.) Throughout the details of the Bill
economy had invariably been consulted. —(Cheera from
Sir C. Wetherell.) He would repeat the assertion, not-
withstanding tLe tone in which his Hon. and Learned
Friend cheered.—( Hear, hear.) The operation of the Bib
would be less expensive to the country than the present
system, and give greater dividends upon the estates of
bankrupts.—( Hear.)

Mr. JOHN WOOD, said that five or six nights had
been wasted in discussing the patronage which the Bill
might place at the disposal of the Lord Chancellor, whilst
scarcely a word was said about the principle of the Bill.
The whole expence of the new system would be but
26,0001., whereas under the present system one individual
held two offices, of which the salaries amounted to 12,8001.
—( Hear, hear.)

Sir J. NEWPORT said that the Bill went to remedy
the evils of the present system in the most effectual man-
ner. As a commercial man, he would say, from his own
experience, that the want of a responsible assignee was one
of the greatest grievances of the present system.
Mr. Alderman WAITHMAN bore testimony to the vi-
ciousness of the present system. He thought, that al-
though there might be defects in the new plan, it would
effect, on the whole, a most beneficial change.

Mr. PRAED was sorry the promoters of the measure
could not be induced to accept the proposition made from
his side of the House—namely, to allow the Bill then to
pass without a division, provided it was not to come into
operation till June. Really at that period of the Session
it was utterly ,impossible to give the measure that con-
sideration necessary to its being perfected ; and if it were
allowed to stand over till June there would be abundant
time tor its review and examination.
Mr. WASON should move that it be an instruction to
the Committee, that no person appointed to the situation of
Judge, or to any of the offices created under this Bill, be
e:i
office, whether judicialgibletositinParlia or
mentwehxielecuhtive.
e continued to hold
such
The House then resolved itself into a Committee on the
Bill, and the CHAIRMAN put the clause, which declared
that the four Judges to be appointed under the Bill should
heir and adjudicate all matters in bankruptcy, whether
brought before them by petition, special case, or otherwise,
with as full authority as the Lord Chancellor.
Sir C. WETHERELL defended himself and friends
from the imputation of making speeches against time.
They did no such thing.
aci;
rlsc certainlyaittae:tengddntephdo eetanrioani was important to
them to gain tune, because in that time they were enabled
to make a considerable impression. There was not a day
htemuhhi eeae
fn
esahumpa
con-
verts. There was, for example, the Hon. Member for
porter of the Bill, now declared thatuocontclm!trafthdokt
n
also declared that the Bill was susceptible of great altera-
ttrßi
ueuquwcuiski:hriueni
icgshHnhs
eaotellm: Buckinghamshire,
alterationeae ad'
Judges—at ttnohooatuig.selhuelt
Jus-
tice, but was of opinion that none ought to be given to
s
scale. Toat, however, which he chiefly wimplained of
was, that they should be so strenuously urged to agree to
a measure which was purely experimental. As to the
amendment respecting the Court of Review, he should re-
serve it till the Conivaittee came to that clau.e, but with
yhairinnotgAsguht
glaedtuhic:ntri
it
would

the full determination of then pressing it upon the . *
deration of the House.
The clause was then put and agreed to. on 4-
The next clause considered in the Committee was,
that all matters to be determined by the Court should
come before it by petition, motion, or special case, accord-
ing to such rules, as hereinafter stated, as the Judges of
the Court might institute, subject to the ap?roval of the
Lord Chancellor.
Sir CHARLES InTHERELL objected to Vie vague-
ness of this mode of disposing of the nutter ; it spoke of re-
gulations hereafter to be made, but looking through the
Bill he saw fume such.
Sir J. NEWPORT contended that the Bill did tn +Le
provision for the regulations required, by investing the
Judges, as all Judges were invested with power to make
such regulations as circumstances might from time to time
render necessary.
Sir C. WETHERELL replied that in a new and ex-
perimental piece of legislation, they had a right to expect
that every thing should be definitely arranged.
The SOLICIISOfi-GENERAL said Haat .this clause
was to allow parties to proceed, not only by petition, but
by motion also, as well as special case ; and he did not see
how any technical objection should be taken to these
different modes of proceeding ; besides which, he thought
that it would be the means of getting rid of many of those
inconveniences which at present existed, and of which no
one was better aware than his Hon. and Learned Friend.
Mr. 'WARBIJRTOI‘, if obliged to choose between the
present system and this Bill, should choose the latter ;
but at the Berne time he saw such a tide of improvements

going on, that be was convinced, if a little more time was
given, a much more perfect measure would be produced.
He did not understand the aeries of appeals that were to
be instituted; they formed a complete set of cascades ; and
instead of finding smooth water at the IHttoin of one cas-
cade, the frail bark of the suitor was again hurried down
another and another, with imminent danger of shipwreck
at each. What he wished to see was, a man of first-
rate abilities (be did not care at what salary) made su-
preme over the other Commissioners, so that the appeal
to him, as the head, amid be final. It appeared from
the evidence of Mr. Horne, Sir S. Romilly, and Mr.
Cook, before the Chancery Commission, that they were
of opinion that the bankruptcy businesa might be so 1103..
naged as not to require an appeal to the Lard Chancellor.
This was what he wanted to see established, as it would
save not only time, but considerable expense to the suitors.
The SOLICITOR-GENERAL said, that in his evidence
he had given no general opinion as to the constitution of a
new Court of Bankruptcy. lie had been desired to attend
that Commission, and when there had merely answered
the questions that had been proposed to him.
Mr. GODSON paid that this Bill was doing nothing
more than constituting a Court similar to either of the

:hree Courts of Westminster. As the law would stand un-

der this Bill, the reference to the Lord Chancellor would
be in the nature of a Coert of Error, and not of a Court of
Appeal.
Mr. Serjeant WILDE said, that they were bound to
take care to give each an appeal as should produce a uni-
formity of decision with the other Courts. In bankruptcy
cases there were both legal and equitable debts. He
agreed with the Hon. Member (Mr. Warburton), that
in legal debts there was no necessity to have an appeal to
the Lord Chancellor ; but in equitable debts surely the
Lord Chancellor was the proper person, being by the
law of the laud the highest Equity Judge. He thought
that the new arrangement would lessen expence in-
stead of increasing it ; for they were bound to remem-
ber, that in ninety-nine cases out of a hundrett4he goes-

ion to be decided was one of fact, and not of law; and

in the evidence to which the Hon. Gentleman (Mt. War-
burton) had alluded, Sir S. Romilly had referred to ap-
peals on questions of fact, and not of law. With respect
to special cases, they scarcely ever occupied more than
three brief sheets, whereas an appeal under the present
system, where it would he necessary to state the facts,
sometimes occupied fifteen hundred. The appeal was
given in the most economical and best manner that the
wit of man had yet devised. He was of opinion that the
Judges should be appointed forthwith, for the Court would
come into practice on January 11. The Court would
take up all existing commirsione, and be full of business en
that slay. Were the Judges to be introduced to each other
on that day ? No. They most nuke the rules far their
Court, and have all the practice ready before that period.
The objection, therefore, of the Hon. and Learned Gen-
tleman to the immediate appointment of the Judges was
quite unfounded.

- Mi. BURGE admitted that he and his friends were
aware of many evils in the present Bankruptcy Laws, but
they denied that this Bill would correct those evils. The
Bill also contained provisions, eatablisbing a perfectly un-
necessary institution. He contended that there would not
be, as the Learned Srrjeant asserted, only viva race evi-
dence, for the latter part of the proceedings would be con.
ducted by affidavit, and at a great expence. He did not
think the Bill would allow Commissions of Bankruptcy to
be worked on cheap terms. For a large part of the year,
he believed, these new Judges would be unemployed.
At present there were not more than twenty petitions in
arrear, and lie was afraid, if the Judges were idle, they
would forget the knowledge they had acquired. He was
afraid, too, when they thus lost their knowitAge, they
would not form a satisfactory Court for the public.
Mr. PAGET spoke as a commercial man. He knew
that at present there was a great terror of the Bankruptcy
Laws, and he did not think that the terror would by re-
moved by the present Bill. He objected, with the Hon.
Member for Bridport, to the number of appeals, there
being one if not two more allowed than was necessary. It
was said that these appeals were necessary to produce
conformity in the laws, but that was not now obtained by
similar appeals ; and he believed that next to the terror,
the uncertainty of the law was felt as a great evil. He
should have approved of the Bill if only one Judge had
been appointed to preside over the Court. He would sup-
port the views of the Hon. Member for Bridport. The
evils of the present bankrupt system were, however, so
enormous, that even this Bill would be considered a benefit.
He regretted that a little more philosophy was not intro-
duced into legislature.
Mr. FRESHFIELD also contended that Cie three ap-
peals were not neeessary to secure uniformity of the law.
Mr. WARBURTON moved to leave out all the words
of the clause after the word " provided," in the fourth line
of the clause.

Mr. Serjeant WILDE explained.
Sir C. WETHERELL expressed his satisfaction that
the factious part of the House had received such a useful
reinforcement in the two Hon. Members for Bridport and
Leicestershire. He contended that the prevailing evils in
the Bankruptcy Courts would not be removed by the Bill.
It was an experimental Bill; there had been no inquiry,
❑o Committee, as there ought to have been. The Bill
laid down no rules, established no practice, and would be
inefficacious. He agreed with the two Hon. Members
alluded to in thinking that there ought to be a superior
Judge of Appeal ; but he thought that that Judge should
be the Lord Chancellor, or the Vice-Chancellor, while
those Hon. Members thought that he should be a separate
Judge.
The amendment was then negatived without a division,
and the clause agreed to.
Several other clauses were also agreed to, Sir C. Wa-
TISERELL having on each of them moved amendments, for
the purpose of recording his opinion of their principle.
The Committee having arrived at the clause appointing
official assignees,
111r.W ARBURTON suggested that the Chairmen should
report progress, and ask leave to sit again.
The CHANCELLOR of the EXCHEQUER agreed,
as the next clause would occasion much discussion. He
intended that the Committee should sit again to-morrow,
until seven o'clock, in order to make further progress in
the Bill.

The CHAIRMAN then reported progress, and o'itailied
leave to sit again to-morrow (this day).
The other orders were then disposed of, and the House
adjourned at Three o'clock.

We are glad to observe by our advertisements
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