The Sun.
London, England, 1847-07-13 00:00:00

BANKRUPTCY AND INSOLVENCY BILL.

Upon the order of the day for going into Committee
upon this Bill,
The ATTORYEY.GENERAL said that, before
going into Committee upon this Bill, he wished to call
the attention of the House, briefly, to its nature and
provisions. This Bill had gone through the other
House of Parliament with the entire concurrence of the
law Lords. After a most careful investigation, he con•
tessed that he did not quite understand why so strong an
opposition should have been got up to it, especially to
the first three or four clauses. It had been stated that
the effect of the measure was to give an increased patron.
age to the Lord Chancellor ; but so far from that being
the case, it took from him a good deal of that
patronage which was at present vested in him
under one or two already existing Acts.' It was
well-known that the law of Bankruptcy had for
;he last six or seven years been administered by
the Court of Chancery in reality, although perhaps
it was not so nominally. It was proposed by this Bill
to d ) away with the Court of Review, and to vest
the administration of this law entirely in the Vice-
Chancellor, who should be appointed for that purpose.
It was admitted on all hands that the system which had
been introduced some years since, of giving a mixed
bankruptcy and insolvency jurisdiction to the Bank-
ruptcy Court, had greatly affected the just and proper
administration of the law of bankruptcy. When they
reflected that under the present administration great
expenses were incurred for the salaries and travelling
expenses of the commissioners, and these expenses it ap-
peared from the report of the commissioners themselves,
were in many instances quite useless, for when they
came to different towns upon their lists, they found no
business to do, although they might have travelled for
hundreds of miles at 2s. per mile. He thtref 're did
not see why the powers possessed b. y the commissioners
should not be vested in the local judges, and thus the
saving of expenditure effected under the e circumstances.
He hoped that the House would give its consent to the
Bill.
Sir J. GRAHAM said that he was happy to say that
to the greater part of this measure he was enabled to
give his deckled assent, but to the 'first few cladses' he

most eert..itly Pntertninoa the stronf,:est

•A n i

•!..,

curriA in this til..itsure he (Sir 3, Graham)
L rd 8r0,,g,,mi, ,•fitar,y

!4,•:ttTi

these powers to the Court of Chan -eiN'lt
however, by the 0p4i•00., of the Lon-i , ,-;
ex Lord Cliar,etsll,:rs, that the tinelaxoli wy,
regulated. This subj, et was ref . rred to a -
of c.tnpetent persons. eo%ic..:- lawyer!,
tlena.ti connveteo caltll ti a, ibuii t.rvsale.. 6.,t I •
Justice Erskine. the commission came To the unani
mous report, first, that insolvency should be separated
from the great seal, and that there ought to be a distinct
and separate juri,diction appoo tell by the formation of
a court of review. Upon this rep mt the prcs. ut
wag framed, and it had existed uncharged e'er .inc
the enactment had be passed. The lirou
Gentleman had sa:d that this was only t tromund
change—if it were so why not adhere to the p •osent
system until the whole subject came under the Q.igside
ration of the House next session? It it were Luc in-
tended to create new. pitnlage, throwing tr these
powers into the hands od the C urt i.f Chancery would
tend to uphold ofiiet,s of very doubtful use trrid ius-r s'i N.
He viewed with great suspleion any de3ign th.i•
,e-transtlV these ~flict.s t t the Gr.,a, Se,d. ii
necessity why they slietd:., at this p -rind .0 tilt•
adopt such a course, c.,usidt ring tnst the.) had Curt . I e
port before them.

Sir GEORGE GREY :.aid, that if the lir' • er,
dir‘et.Al t i th. se three, (Amts.,: t t h•rred
ight Hon. Baronet, it 'night be bet:: r to defer th

sideration of them till in Committee. Ile stiowd the,
be prepared to prove that the 'Ugh( Ilan. 135r0, t
naisund, rstoodk he object of these causes.
Sir J. GRAIINNI had no objection to take the d:s
cession at that period.
Mr. JOHN STUART begged the Right Hon. Baro-
net to reconsider his determination, and much were did
he implore the Government not to press hrward this
measure at this late period of the session. He should
feel himself called upon imperatively to give the Bill, it
persevered in, his most determined opposition, however
little able he was to do so, after having a oken in the
Court of Chancery for nearly six successive houri. The
object of the clauses. which were objected was to
re-transfer the jurisdiction of the Court of Revew to
one of the Chancery Courts.
Sir GEORGE GREY said that he did not intend to
defend the Chancery Courts.
Mr. JOHN STUART—Why, the Bill before the
House inevitably led t 9 the consideration of these c.turts,
and he did not think it fair that the Secretary for th-
Home Department should come down to that House and
say he would not defend the Court of Chancery. But

if the Hon. and Learned Gentl. man the Aitorney-
General, would consent to postpone his Bill for a short
time, it would not only shorten the discussion, but
would allow them to give a subject, so important. the
consideration which it demanded. They were dealing with
the suhject in a most hasty arid inconsiderate manlier,
Now, he would have tried to define in tne Btil what
were to be the limits of these local jurisdictions. H•
would have tried to do so in a lawyerlike and states-
manlike character, but the framers of this Bill had not
done so ; and he prayed them to defer the further cons'
deration of this measure until that attentlon had b..!eti
paid which it well deserved.

The House then went into Committee on the Bill.

On the proposition of the first clause,
Sir J. GRAHAM moved that the clause be omitted.
Sir G. GREY advocated the retention of the clause.

Mr. S. WORTLEY was at a loss to know what had
been the reasons which had induced the Government to
introduce this clause is the Bill, and he should most
certainly support the motion for the rejection of the
clause.

Mr. HENLEY supported the rejection of the clause.
The ATTORNEY-GENERAL explained that the
object of the clause was simply to legalise a mode ~t'
conducting this business, which had hitherto worked to
the satisfaction of the public.
Sir J. GRAHAM contended for the necessity of con-

tinning the existence of the Court of Review. Fie
would rather recommend the abolition of one of the in
ferior Courts of Chancery.
Sir G. GREY thought that if a judge were to be con.
stituted sole judge ot the Court of Review, he would
spend half his time in idleness ; whereas, by the prest•:o
Bill he could find ample employment in the business o
the united Court of Chancery and Court ot Review over
which he would preside.
Sir J. GRAHAM said that if the remaining clause:,
of the Bill were passed, they would have the effect ot
increasing the number of appeals from the Count)
Courts.

Mr. DISRAELI thought that after the Government,
had thrown over the Health of Towns and other Bills
there was not much necessity for discussing at this lee
period of the session, and late hour of the day. elapses
which the Right Hon. Baronet the Secretary of State for
the Home Department had himself admitted to be of to
importance.
Mr. ROMILLY thought that the present Bill would
tend to remove the mischief of the sub division of Courts
at present existing, and which gave rise to an enormous
amount of litigation and expense.
Mr. HUME thought that the best course would be to
let the matter remain as it stood, and he hoped that the
Government would withdraw the clauses.

After a few words from Mr. MACARTHY,
Tie House divided, when there appeared—
For the clause.
Against it ..
Majority in favour of the clause

44
37

Clause 1 wa,, then agreed to.
Lord J. MANNERS then said that if the three first
clauses were agreed to he should feel it his duty to et.
pose the whole of the remaining clauses of the Bill.
Mr. HUME thought that if the Government wished
to preserve the beneficial clauses of the Bill, it ought to
give up the three first clauses.
Clause 2 was then proposed.
Mr. S. WORTLEY thought that to avoid future op
position on the further stages of the Bill, it would tc
better to withdraw the obnoxious clauses.

Sir G. GREY thought that the better course to adot t
would be, for those Hon. Members who objected to the
clauses to oppose them in the future stages of the Lill.
After a few words from Mr. Disraeli, Mr. Walile).
the Chancellor of the Exchequer, and Mr. Stuart,
strangers were ordered to withdraw, and the House di-
vided, when there appeared—

For the clause
Against it
Majority in favour of the clause
The clause was then agreed to.
Clause 3 was then proposed, and after a few words
from Mr. S. Wortley, the Attorney-General, and Mr
Stuart, was agreed to.
The remaining clauses were then agreed to.
Mr. BROWN moved the insertion of the clause, givine
power to the Judges of County Courts to issue warrants
to arrest a debtor in certain cases, such debtor being
,within the limits of the jurisdiction of the court, and to
detain him in custody for a limited time, or until an
order obtained to hold him to bail, when the custody to
be transferred to the sheriff or officer holding a capia,
issued thereon, and sating forth that whereas
the delay which sometime takes place in pro-
curing an order from a Judge of one of the
superior courts to hold a defendant to bail, and is
issuing a capias thereon, is injurious to creditors, be it
enacted, That if a plaintiff in any action in any of he,
Majesty's superior courts of law at Westminster for
the recovery of a debt, or the creditor of any debtor who
shall enter into an undertaking immedia ely to comm. nce
such an action, .hall, by the affidavit of him-
or some other person, show, to the satisfaction of an,
judge of any of the county courts aforesaid, that h.
has a cause of action against such deft-ndant
or debtor to the amount of twenty pounds or
upwards, or has sustained damage to that amount,
and that there is probable cause for believing that such
defendant or debtor is about to quit England, unless he
be forthwith apprehended, it shall be lawful fur such
Judge to issue his warrant, directed to such person or
persons as he shall think fit, whereby such person 01
persons shall have authority to arrest any such defendant
er debtor named in such warrant, whet ever he may b-
found within the limits of the jurisdiction of such
Judge, and him safely keep for five days then next., of
until such defendant or debtor shall have given a
bail bond to the Sheriff, or shall have male
deposit of the amount of the debt or damages mentioned
in such warrant, together with ten pounds for cos's, ac
cording to the present practice of her Majesty's superior
courts of law at Westminster, when a defendant is in
custody upon a writ of capias, or until an order for hold-
ing such defendant or debtor to bail can be obtained
under the provisions of an Act passed in the session of
Parliament held in the first and second years of the
reign of her present Majesty, intitoled An Act for
abolishing arrest on mesne process in civil actions, ex
cept in certain cases, for extending the remedies of cre
ditors against the property of debtors ; and for amendaig
the laws for the relief of insolvent debt Ors in England."
After a few words from Sir G. Grey, Mr. Henley,
Mr. Stuart, and the Attorney-General, the clause was
withdrawn.
be
The preamble of the Bill was then deelarearde
proved, the House resumed, and the Bill was o
be reported on Wednesday.
JOINT-STOCK COMPANIES (
Committee on
rrie.d to
The order of the day for going
this Bill was postponed till Thursday
of the day being read for going into
On the order
TRUST MONIES INVESTMENT__ BILL..
Committee on this Bill,
f this Bill. He entirely disagreed with
Mr. STUART said be felt it his duty to Oppose the
further progress o
the principles of the Bill.
The House then went into Committee on the Bill.
Afer a few words from Lord Courtentty,-Yfr. Henley,
and Sir G. Grey, the several clauses of the Bill were to, and the Bill was ordered to be reported thi:
innE. 2)
BILL.
day.
adtayaQ Quarter
er past Twelve
theeothHerouoserduerdsilfrnthede where then disposed of,
Tho'c

RAILWAY COMMITTEES.

(YESTERDAY.)

HOUSE OF LORDS.

CALEDONIAN RAIL WAY (EDINBURGH
STATION AND BRANCHES TO GRANTHAM
AND TO THE EDINBURGH AND GLASGOW).
The Committee met this morning at eleven o'clock,
and after hearmg- the •evidence -of Mr. Granger, and
other witnesses in oppb.ition to the Bill, ckcided that
the preamble of the. Bill was proved. •

CHEAP TRAVELLING.—A new company started yes-
terday, kn. the coaveyange of passengers from liangertord-
market tOdPaddivc9ii- at one—pdi.any !filch: person, in
opposition lb ittoVeakt coinpatiy:

MR. CORDE

'~:-„a,

~~. /~`;

l':.
- 4
6- • -il 14.
, T %
kt
• ‘. , - ~,!(,.. - -_----_Ti - {

tt_ic

9d 1.-,

t„.-rouj.o.! wILo a.copy ;;',-„ 'l-'6*Vi,
,11:(1) `l•`. , .0
OCCa,L4 k tit. otil,q..et in fluv,.l. tie; dA;le
Ardenza ; and 1r •u. it W. tut:, Mr Cob
which wto.d.-,F.vt--re.l in Yenell, .:Ith .g fett-3 big
flutes of what he had sod wr, tt,,n E
" G01(1(1111 71-1 sin• er, iv r...zr, t couret:r
t„ y,„; 111 ,cy own - • •••• •
for this h t• , , 0.. ni4 1:1"1-.•1:
tio• . Olt
first fay..ura ).e c" hez,t
prnpoird tue toast of my ' I. ypii
all for the f•orrittal mu-v.:er '1•1 ,•Iiii•11 !pi n•re.
c.iveri. 1: T c..,•re h te: !.-1:0;,:tte it
wonld be npproprint.. Arch
seems d.stin-.•1 in r• •• . e• stiott
• Ilk=
lives of ii,tn ,sz
rsl.
MC. ti
g
tv
' c. Tre!i
c
.1. i. try-
i!/.1

SE4o!n% to reAli7r. 0
sill, tn,e ta-,01

all coil n
friendship of tli: t
to S,-(• t he sate e a o,a-,?;,..*
of mankind. I •r re. Iniit r
s-lf more at liGuw, ••• i
pany ,if :ttlo n, 114. t . . ' .15
science. I was bred-a
t • ftp
nowm) Pj
for.tthhboolgoic erd'egarurte.jett'rit' h
h'''sd
•
ithnjm7iteic7iatb;4le.,::ltfigamur'ry'•!S'::(ll}ZnslP:i•e'acrih.c—tirnpuc tinettril
f figureshave roefl i
arithmetic
bute it to my- havi,,g
corn-laws-s
ttri, wimasplidicall.
tied on
wlifthouprrlseeturaeneaegaLisdt
with
e th
system,
confidence and good faith were preserved bs•tvreen the
subscribers of le vast fund which was expended 16
our agitation, I attribute it very much to the Mice
that the prominent members of the league were en
men of business, who carried the order and iiidustty at
merchants and manufacturers into the management of e
public contest;—for the league w.is, I believe, the filet
political movement in English history which was not
led by aristocratic chiefs. But I f,el especial gratifte**
tion in meeting the merchants 4.f Let. horn, became
your city affords the best possible illustration of the
advantages of the principle which I advocate. Two
centuries and a half ag ), the ground on which Leghort
is built was, I believe, pronounced an uninhabitable
swamp. The sovereign of this country resolved to
apply a charm which •tiould rend,r this so••t hpalthfni
and populous ; —he gave it liberty—not only o'commeroar
but of c mscienee. He best...‘ e.I tree trade and a perteoll
religious tolerance upon L..ghorn, arid this, ton, at s
time when the fires of the I qui,ition were still burning
in some neighbouring court s. The result is before
us in the splendid city whose commerce extends Se
every part of the globe. Bat the present time
affords s'riking arguments in favour of our principle.
everywhere. In the mickile of the scarcity which alfficte
so many nations, what is the. universal remedy:resorted
to by Governments ? Free trade. It, in the crisis of
a malady, our medicine is found to be the only remedy,
why net reort to a dose before the disease has reach

its height ? S,,e, with what marvellors force the
principle of liberty operates for the salvation of nations
threatened with famine ! No sooner is the trade fa
corn declared free, than ships are seen exploring every
port, however remote, to bring food to the starring Irish,
and oth, r nations of Europe. I have heard of a thou.
sand ships, of every flag, passing into the Black See
in four days. What power on earth but that Of
liberated commerce could undertake the task of finding
food for millions of people ? Governments have soe
knowledged their powerlessness—charity shrunk aghaSS
from the task. But free trade has accomplished thee
which statesmen and philanthropists despaired to accost*.
;,list. The energies which commerce puts forts
for the benefit of humanity are not suffici. ntly appro.
elated by society. It is the fashion to regard it only
as the pursuit of privat? gain. We are toll that the
merchant who is occupied solely in buying in the cheapest
market and selung in ti e Beare-t. is c .nutting an ea.
elusive and selfish interest. What is the meaning of
buying cheap and selling dear ? The merchant goes to
a place where an article is ch.ap, because it is abundaill,
and he carries it to another where it i 3 dear, b4cause
is scarce; he is thus engaged in distributing equally
to all men the bounties of the Creator. True, it may be
profitable to him to do so. But what do P this
prove, but that Providence has wisely made it coo.
sistent with our interest to carry out the purposes a
nature, and that we consult our own welfare by con.
suiting the interests of humanity? Gentlemen, I cau.
not take m 3. departure from the soil of Tuscany without
expressing the gratification I have experienced in what S
have seen, and in the men I have known, since I have
been in this country. so famous for its contributions to
the arts, sciences, and lit Tature. I may ad f, how ant*
I have been delighted aid surprised to rind so groat
sympathy, not only in Tuscany, but throughout Italy,
for the reforms which we have accomplished in En.
I,nd. I have heard the e'quint allusions made by the
l'resident to the present awakening of public opinion f
this peninsula. It is not within my province to allude
more parti6ularly to your domestic concerns. I have
made it a rule to ahs!ain ir,,m all such al'utionS
everywhere : I have a strong convic ion that furrigners
with advantage mix theini-lv,s up with the
core erns or other coantriey. I should w'sh to
e every nation left to manage its own affairs
There has been a g!..eat deal too much of forei-gn inter-
.erehce in many countries. I do not allude to MT
Government in particular, nor do I except my own,
for I think that England has interfered abroad more
than bus been advantageous to herself or other nation=.
There is an excellent proverb, which says, A foot
knows more of what is las-ing in his own house.
than the wise man (10 .13 of that which passes in the
house of his neighbour.' In my opinion, the only duty
which an independent community owes to the reit
if the world is to sets cool example. But whilst lIV
this, I may be allowed torrid that I shall always feel the
st r
ronges symathy in all that concens he proserity
id Italy t ; and what I have seen con, nets me thapt' the
country which has twice given the im; ress of its civilise
talon to the world, contains within itself the means of its
imn renovation. Let me, in conclusion, ask to heal.
lowed to propose a toast to the he: 1 h of the worthy
descendant of Peter Leopold, the pi eseiit Grand Duke
Leopold 11.

LAMENTABLE ACCIDENT IN THE
MORLEY TUNNEL OF TLE LEEDS AND
DEWSBURY RAILWAY.

On Friday the 2d instant, Mr S. T. W. Gawthorp, of
Springfield place, in this town, who was employed Itik
cavil eng►neer to inspect the works on behalf of Mr.
Shaw, the contractor, descended one of the shafts
of the Morley Tunnel, about eleven o'clock is
the morning, and after exarniting and measuring
some of the masonry, he asked one of the men to come
•tnd steady the '• skip" for him on ascending the shaft.
The men, were, however, so engaged 'n removing i
sill, that not on, of them could then leave off. Mr. G.
then went away. and they neither saw nor heard any
thing further until they shortly after came to the bot.
torn of the shaft, and finding the skip in the way, re-
moved it, and found him lying underneath. He was ins.
mediately taken up and a surgeon sent for, but was
quite dead, though warmw.asstatuAet.coroner's inquest will
meld the following day, and adjourned to Wednes.
day. Owing to the engineman stating that his
engine had not been set in motion from the time Mr.
Gawthorp descended the s?..att until he was brought
up, tie accident could not be sati,faetorily accounted far.
It was supposed that the engineman was not correct ha
his statement, and that Mr. Gawthorp must have gives
the signal to be drawn up, and having no one to
steady th- skip he had been thrown out, and tile. ,skip.
coining It.) empty, had been let down again, and rested
in the body, the weight and pressure of which,
tieing from two to three cwt., prevented respiration.
a.
engine
'T hei
.grseeiendjueubndreaytrnwi re-assembledivmeeer:ussttlihyl
el
mtoi
wafi (no,Gawthorp
opinion
on
n Wednesday ev mpg last,
when nit'',
wßhuernn,BHeut jgahtnGinriFffiotthh,e‘rvbialnlikB,mJaHmael
Huegnbrbyn, Michaelci
agent-
George Griffiths, and Mr. theL°"""3tileir evidence
Mr. Gawthorp descending the
bey
oenexamined.
ts Thera
already
inTglielnbanksmant
btre
engine-driver and
thwaats
hMigr.hGlya,:borp met
maintained
_edr.t at the skip had
Theno jury
slidMayl4°,
raised
and his dead body being brought up.
Yv;ilfaunldlythat the
withheld some portion of
theirhbh a
sai all nwhokdlsee enfa left
aihadnne knewachnacacmedilidiieabmn(bl4.ttalehri:Hwiefewlatsndthfiirvtey-ys,ilux.nyzecahrsildreosfPecaieeto,dandd:
plore his it reparanle loss.—Leeds Mercury.
~....1.1.•••,....._

Mr. M'Gregor left town on Saturd ty for Glasgow.
SALMON FISHERY. The returns show little int..
provement, and prices remain stationary at 9d. for
grilse and Is. for salmon. The former are rathermotepp laernt tioffu lt,hrtd season.are of
The o
betterrd qualityfish
_ng than in the !whet
is prosecuted com-
paratively with more success, and some fine trout have
been taken in the Highland lochs.
Lord Juhn Russell has offered Mr. Sheridan
Knowles, from the royal bounty, 100/. a year.—Stesder
paper.
The day now named as that on which the dissoltt•
tion of Parliament will take place is Thursday, the 224
inst. —John Bull.
ps•
THE LAYS THUNDER-STORM.—The provincial.t__wi b
pers, received on Saturday and Stindg,t terra
almost every
accounts of injuries inflicted on p
r°Pet rtYs thunder-storte
ofpwahritch ratgheed country,
Tuesday
yy nightthe
last. Happily, however, no furtheranda-i
Bfursoutan in--Egllaill
lWednesdayoss of
life
femoornn morning
slandscispe scenery
* asii in has been received.
oRI efEttEt eNer
speaking
in this country, says:—" But the most distinguished and
interesting feature of all is the evergreen hedges. The
BuErrilitGt,iliSnii one of h
soft and luxuriant verdure of the fields, reposing in the
of the pecuEbrTeeßactlEetnyGt
valleys, or curving gracefully round the gentle sloping
hills, and ivy-netted cottages and churc}ies of the olden
time, and •the golden wheat fields, o•ferrun with the
dancing waves of sunlight, would be, like unframed
pictures, without the edge. In fact, ifi our bleak Ame-
rican stone wall or rail fences were sufistituted for it, the
rural scenery of England would be robbed of its loveliest •
feature. Everything looks pictrirealue when enclosed
by this self-woven wail of green, often the veriest pas-
ture. It lines every road and lane, surrounding groves
and gardens, which fur all the world appeared like a*
many birds' nests or moss baskets, placed one above the
other up the hill, and filled wit ti differgint plants mai"
P flowers.'