The Sun.
London, England, 1848-07-08 00:00:00

SALE OF BEER BILL.

The sale of Beer Regulation Bill passed through
Committee.
LAW OF BANKRUPTCY.

Lord BROUGHAM, in rising to move the second
reading of the Bankrupt Law Consolidation Bill, said
that he wished to preface that motion with a few obser-
vations. Their Lordships were aware that the Act of
Lord Eldon (passed in 1825) systematized and consoli-
dated a great many Acts relating to the law of Bank-
ruptcy ; but now, independent of that Act (so great
had been the changes in the law since), there were 21
Acts of Parliament in force, making altogether 42 Acts
which bad been passed on the subject. The conse-
quence of this was, that the trade of the country com-
plained, and with very great reason too, of the obscu-
rity of the law, In the second place, the trade of the
country complained (and a petition on the sub-
ject was to be presented that evening by his
Noble Friend Lord Wharncliffe, whose absence
at that moment he regretted) of the abolition
of imprisonment for debt. Now he did not think
that the Legislature would restore imprisonment for
debt, though, at the same time, they might modify the
substitute which had been given, and devise more effectual
means for the protection of the creditor. The digest
which he had now to present to their Lordships had been
most carefully compiled. He claimed no credit for the
compilation himself, which was entirely the work of •
worthy and most judicious officer of the Court of Bank-
ruptcy, Mr.: Miller, who had digested the law in 342
sections. The Bill had been most judiciously prepared,
the whole subject being brought together under twelve
heads. He would add one more word in regard to the
present working of the system. It was with satisfaction
he could state the complete success of the new law. It
was universally appro►ed among the trading com-
munity. Six Commissioners now did the work of the
seventy that formerly existed ; because those
seventy were only employed occasionally, and separately,
while the six were employed constantly through all
parts of the country. That was a most admirable test
of the excellence of the system. The second great
merit of the system was the appointment of official as-
signees. By their agency no less a sum that 1,400,0001.
had been recovered under old Commissions, which under
the former bankruptcy system had been reckoned as
desperately bad debts. Some of those Commissions had
actually been superseded for 20, 30, and in some cases
40 years, and the old assignees had ceased to act. His
friend Mr. J. Smith had informed him that his house
had gained as much as 4,0001. and 5,0001. a-year under
the old system of assigneeship, but that since the
new system bad been introducee the whole of that
sum had been lost to them; and yet his friend gave
that measure his hearty support, Although there were
at.present six Commissioners, yet, instead of that mune
ber being too few. they were found to be too many, and
he believed it was not intended to fill the next two
vacancies that might occur, as four Commissioners
would be found amply sufficient to do the work. By a
return which was before him it appeared that the num-
ber of appeals in bankruptcy averaged for the last six
years in London five a year, and the average for the
whole of the country districts was, for the same period,
nine a year, leaking for London and the country to-
gether the average number of fourteen and a half appeal
cases in the year. There were 1,100 commissions issued
the year before last, and 1,716 commissions last year,
and the number of appeals in those two years was not
on the average fourteen and a half, but only eleven. The
Noble and Learned Lord concluded by moving that the
Bill be read a second time.

The LORD CHANCELLOR said it was much to be
deplored that so important a branch of the law as that
relating to bankruptcy should be scattered over such "a
number of Acts of Parliament, and he considered it
very desirable that those various Acts should be conso-
lidated. He thought the course which he understood
his Noble and Learned Friend intended to take—that of
referring the Bill to a Select Committee—was perfectly
right. But before that Committee could properly deal
with this measure, it must necessarily decide upon a
most important question—namely, whether the law of
bankruptcy and insolvency should be hereafter kept dis-
tinct. They were now almost the subjects of one and
the same system, though at present administered by
separate jurisdictions.
The Bill was then read a second time.
HEALTH OF TOWNS BILL.
On the order of the day for the House going into
Committee on the Health of Towns Bill being read,
The Earl of FITZIIARDINGE presented a petition
from certain proprietors of waterworks in Cheltenham
praying to be heard by counsel against the Bill.
Lord STANLEY presented several petitions from va-
rious waterworks companies with a similar prayer, and
suggested the propriety of referring the Bill to a Select
Committee up stairs.
Lord BROUGHAM hoped, if the Bill was referred
to a Select Committee, that the Committee would sit
' from day to day, with the view of passing the Bill this
session. That dreadful scourge the cholera was now at
St. Petersburgh atid;Moscow, and ho had heard of its
having been discovered recently in Paris. This excel-
lent measure would he its best preventative, and he,
therefore, hoped the Bill would soon become the law of
the land. Cholera, it was certain, from the evidence of
Dr. Southwood Smith, could be prevented if the premo-
nitory symptoms were taken in proper time; and this
fact could not be too extensively known. One great
evil of the Bill was, that one-tenth of the population of a
place must pi esent a memorial in favour of the applica-
tion of the Bill to their tqwn. This would render the
Bill almost rugatory, as in the case of Liverpool, for in-
stance, it would require that such memorial should be
signed by 4,000 persons.
Lord CAMPBELL was surprised. at the suggestion
that the Bill should be referred to a Select Committee.
It had been brought from the Commons on the 22d of
June, and this cay was unanimously agreed to for
going into a Committee of the whole House on the Bill.
It would be a matter of deep disappointment to the
public, and might lead to serious mischief, in the event
of the approach of that dreadful scourge to which his
Noble and Learned Friend had referred, if the Bill were
delayed by sending it to a Select Committee. The Noble
Lord then moved that the House should go into Com-
mittee on the Bill.

Lord REDESDALE thought it was utterly impos-
sible to consider this Bill fairly in a Committee of the
whole House. No man was more anxious than himself
that the Bill should pass this session, and he thought if
a Select Committee were to sit de die in diem they might
perfect the measure in four or five days. He should,
therefore, move as an amendment that the Bill be re-
ferred to a Select Committee.

Lord BROUGHAM said they all agreed to the prin-
ciple of the Bill, and it was virtually over. There had
been no objection to the second reading or to the report,
and there was but one stage left ; ho hoped, therefore,
that his Noble and Learned Friend would not object to
its being carefully considered in Committee.
The Duke of RICHMOND would answer for it that
the Bill would not be more than five or six days before
a Select Committee.
Lord KINNAIRD did not object to the Bill being
referred to a Select Committee, after the assurance which
had been given by the Noble Lord opposite.
The Duke of BUCCLEUCH was most anxious that
the Bill should be passed, and if be thought any changes
would be made in it which would render it unaccptable
to the House of Commons, or if be considered the ob-
ject was to delay the Bill until another session, he
would oppose its being referred to a Select Committee ;
but he was sure that his Noble Friends had no such
motives, and that the Bill could be better discussed in a
Select Committee.
esty 's
Government to accede to the proposal of sending
. the
The Bishop of LONDON recommended her Maj
Bill to a Select Committee, with the understanding that
nu unnecessary delay would take place.
Lord s r Pe
cOo lutlTd
eA
soN wells e d
consideredit e-
a
ma
eau
Select Committee. It had been his fate to ask the
Noble Lord opposite
(Stanley) to adopt this course with
s in impossible
th e house that any
as in
regard te the Commons Enclosure and other Bills, and
the Noble Lord now advised the
he was glad to find that
Government
to do that which he had himself invariably
refused to accede to. That worst of all possible
Acts,
the Metropolitan Buildings Act, was sacrificed in the
by leaving its consideration in committee to
same way, permitting
the whole House, instead of its details to be
discussed by a Select Committee. As ho was most de-
sirous that the Bill should pass in as perfect a state as
he advised the Government to concede this
possible,poinT.
he Marquis of LANSDOWNE had come down quite
prepared to support this Bill against any opposition it
might meet with, on the ground of its extreme import-
ance at all times and its special importance at present,
when the circumstances of the time were circumstances
of peculiar urgency. He felt strongly also that the
Go-
vernment had not been fairly used respecting
this
mea-
sure. A week had been thrown awaywithout
no-
tice being given that there was any intention
takeany
course now adopted by the other side. _ ion to the
But he was bound
to accept the declarations which had
been made, that the
desire of the House was to render this measure as per-
fect as
possible, and on that ground he concurred in ad-
vising his Noble and Learned Friend to permit the Bill
to be referred, solely with the view that the clauses
reight be carefully examined and reported on.
Lord STANLEY wished to declare that there had
been no intention to surprise the House or to take any
unfair course with regard to this measure. The real
fact was, that certain Peers, who took an interest in the
subject, had assembled yesterday, an come to the con-
clusion that the Bill ought to be referred, and the mo-
ment that resolution was passed a communication to
that effect was made to the Noble and Learned Lord.
Lord CAMPBELL said he withdrew his motion, and
ho did so readily, cordially, after the declarations which
had been made of a desire to render the Bill perfect, and
to facilitate its progress.
'rho motion was then withdrawn.
The Duke of BUCCLEUCH wished to recommend
that this measure should be applied to Scotland, or that
a similar measure applicable to that country should
speedily be introduced.
VISCOUNT ARBUTHNOT'S CASE.
The Usher of the Black Rod appeared at the bar and
reported that having made every inquiry for Lord Ad-
buthnot, ordered to be arrested under the warrant of
' the House, he had to state that the Noble Lord could
not be found, and that there was every reason to believe
that he had left the country.

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