The Sun.
London, England, 1848-07-19 00:00:00

suffered by the abolition, in the year 1838, of arrest
for debt on mesne process, have convinced them that
process against the person in the first instance is a
remedy which ought to be again accorded, but accom-
panied with precautions against misuse, and with in-
ducements to the debtor to surrender himself to the Court
of Bankruptcy. That it is the opinion of your petitioners
that all creditors whose debts shall have been proved,
and also the assignees, for the whole amount of the
bankrupt's debts, should have the rights of judgment
creditors against his person. That the Court should
have discretionary power to refuse, suspend, or withdraw
its protection, now granted as of course to the bankrupt
upon his surrender to the fiat ;land that such protection
should be absolutely refused or withdrawn whenever the
debtor shall fail to show that his bankruptcy has arisen
otherwise than from fraud, gambling, wilful misconduct
or extravagance, or in case of concealment of, or making
away with, his property or books, contracting debts with-
out reasonable expectation of ability to pay them, or of
his commission of any offences now punishable as felo-
nies or misdemeanours. That in!the event of the bank-
rupt being taken in execution after having been thus
declared unworthy of protection, he should not be
entitled to his release for three years (the maximum pe-
riod of remand possessed by the Insolvent Debtors'
Court), except by order of the Commissioner by whom
his protection should have been withdrawn. That trad-
ing by uncertificated bankrupts should be punished by
severe penalties. That the fees now paid to the Court
of Bankruptcy, and which press most heavily upon small
estates, should be reduced. That the fiat, which your
petitioners deem an unnecessary source of delay, trouble,
and expense (and which was declared to be so in the
report of the Parliamentary Commissioners made in
the year 1840), should be abolished. That the remu-
neration to the official assignees throughout the country
should be upon one scale, to be declared by Parlia-
ment; and, as a great preventive of fraud, that they
should prepare the bankrupt's balance-sheet. That
upon the deaths of traders, and in default of appoint-.
ment of executors or administrators, the Court of Bank-
ruptcy should be empowered, after proper notice, to
distribute the effects of the deceased. That where com-
positions and other arrangements between debtors and
their creditors cannot be otherwise carried through, the
concurrence of three-fourths in number and value of the
creditors (above 11.) should be binding upon the re-
mainder, provided the arrangement be effected with the
sanction of the Court of Bankruptcy ; and that an
efficient registration of all such deeds, as well as of bills
of sale and mortgages to creditors, should be kept. That
full annual returns should be made to Parliament under
every bankruptcy, of the amount of the debts and
liabilities, the available assets and dividends, and other
particulars. That a consolidation of the numerous
statutes relating to bankruptcy is most desirable." The
petitioners then stateed:—" That your petitioners under-
stand that the propriety of the union of the laws of
bankruptcy and insolvency is now under consideration :
they beg to submit their opinion as favourable to such a
measure, and to the removal of the distinctions which
now prevail between the trader and the non-
trader, and between the protections respectively
granted by these Courts—provided due and certain
punishment be insured to the fraudulent, dishonest, and
extravagant: at the same time, from the experience
which your petitioners have had of the serious inconve-
niences resulting from the administration of cases of in-
solvency, where the debts are of small amount, in the
Court of Bankruptcy, they deem it most desirable that
this class of cases should be kept altogether separate
from those of greater importance. That your peti-
tioners, in asking for those improvements, declare it to
be their opinion that the operation of the law of bank-
ruptcy ought to be such as to provide the greatest facili-
ties for the early distribution of the bankrupt's pro-
perty: that while it offers, on the one hand, a
boon to the honest and unfortunate debtor in
releasing him from the obligations he has volun-
tarily incurred, it should, on the other hand,
make it incumbent upon him to prove, as a pre-
liminary condition for obtaining that discharge at the
expense of his unfortunate creditors, that his previous
conduct and course of dealing had been such as to en-
title him to it ; failing which, he should be subjected to
punishment suitable to the wrong he has committed.
Your petitioners consider the above amendments in the
law of debtor and creditor to be absolutely necessary in
order to secure this country against the recurrence of
mercantile panics, which they believe mainly to arise
from the impunity attendant upon reckless trading and
the consequent loss of confidence amongst the trading
classes ; and that this impunity will render abortive all
endeavours by the Legislature to give stability to the
currency, to protect trade from violent fluctuations,
similar to those which occurred in the years 1825,
1836, 1841, and 1847 ; and will ultimately effect the
destruction of the middle and industrious classes."
He believed that he had now stated the contents of the
petition he was about to lay on the table. He believed
himself, and he trusted the House concurred with him in
opinion, that this was a subject most deserving the atten-
tion of the Legislature, and that nothing could be more
desirable in a great commercial country like this, than
that the law of debtor and creditor should be placed on
a sound and effective footing, and that this should be
done not only for the protection of commerce, but with
regard to the moral character and conduct of the corn-
munity.
Lord BROUGHAM thought that this petition should

be received with the greatest respect, and that it should
be taken into speedy and serious consideration, both as
to alleged matters of fact, and as to the opinions ex-
pressed on points of law, although it contained some
recommendations to which he was not prepared to ac-
cede. In consequence of the changes recently effected
in the law of bankruptcy, no less a sum than 2,400,0001.

had been distributed, which had been lost sizht
of under the evils of the previous system, and in
many cases 20s. in the pound had been paid, and
commissions had been superseded. There had, in fact,
been introduced almost a new code of bankruptcy and in-
solvency. The mercantile law with regard to debtor
and creditor had undergone so great a change within the
last sixty years, that if Lord Mansfield were now to rise
from the grave, he would hardly know that he was in
the same country. The new law was, however, like all
human legislation, to a certain extent experimental, and
different opinions prevailed as to the success with which
the experiment had been attended. Some persons
thought the new law perfect, which was not in the nature
of human legislation. He (Lord Brougham) held that it
was more perfect than the old one; that it had done a
great deal of good; and that it came as near perfection as
any reasonable man could expect. He agreed with his
Noble Friend, that it was desirable that the petition
should be referred to a Committee.

Aftera few words from the LORD CHANCELLOR,

which were totally inaudible in the gallery, it was ordered
that the petition should be laid on the table, and referred
to a Committee.

Their Lordships then adjourned.

HOUSE OF COMMONS, July is.
HIGHWAYS BILL.

(Continued from our Afternoon Edition of yesterday.)

Mr. BROTHERTON thought this Bill a great im-
provement upon the present system. The measure was
simple, and not expensive, and he trusted the House
would allow it to proceed, as he had no doubt it would
be acceptable to the country generally.
Mr. BUCK supported the amendment, considering the
Bill highly objectionable. This measure, like all that
were introduced into that House, added to the burdens
of the agricultural interest. He trusted that his Hon.
Friend the Member for Oxford would persevere in his
amendment.
After a few words from Mr. Davies, Mr. C. Lewis, Sir
J. Duckworth, Mr. Slaney, Mr. R. Spooner, and Mr.
Ormsby Gore,
Strangers were ordered to withdraw, and the House
divided, when there appeared—
For going into Committee BB
Against it 34
Majority for goinc, into Committee —54
The House then resolved itself into Committe on the
Bill.
The preamble and clause were postponed.
Clause 2 (the interpretation clause) was then pro-
posed and agreed to, with a slight amendment.
On clause 3 being proposed,
Capt. PECHELL proposed after the words " Knights
of the shire," to insert the words " the Members for the
several boroughs."
Sir J. TROLLOPE opposed the amendment on the
ground that the majority of Members for the different
boroughs had very little connexion with the localities
which they represented.
After a short discussion, the Honourable and Gallant
Member consented to postpone his amendment.
Mr. GREENE proposed that the words in the clause
appointing the Lord-Lieutenant, and Deputy-Lieutenant,
and the Members for the county ex-officio members of
the county board, should be struck out.
After a. long desultory discussion, the amendment was
agreed to.
The CHAIRMAN then reported progress, and ob-
tained leave to sit again.

MESSAGE FROM THE LORDS.
The House was informed that the Lords have agreed
to the following Bills:—County Cess (Ireland)—Newry
Navigation (Amendment of Acts), without amendment—
Plymouth Great Western Dock Act Amendment, with
an amendment—Middle Level Drainage Acts Amend-
ment—Manchester, Sheffield, and Lincolnshire Railway
(Humber Ferries Improvement at Hull and New Hol-
land, &c.)—Chester and Holyhead Railway (Power to
Purchase, &c.), withamendments.
The House then adjourned to Five o'clock.
j

The House resumed at Five o'clock, when an Hon.
Member observed that he did not think there were forty
Members present.
Strangers were then ordered to withdraw, and there
being only thirty-one Members, the Speaker adjourned
the House till Twelve o'clock to-morrow (this day).

------
THE " COUNT OUT" LAST NIGHT.
The following Members were present when the House
was counted out on Lord G. Bentinck's motion:—
Lord G. Bentinck Mr. Frewen
Mr. Robinson Mr. Clive
Dr. Bowring Mr. Sturt
Mr. J. Haywood Mr. Pilkington
Mr. F. Maule Mr. Wodchouse
Mr. Wakley Mr. Godson
Mr. J. A. Smith Mr. Pattison
Mr. Kershaw ' Mr. Rice
Mr. Jackson Sir R. Ferguson
Mr. G. Thompson Mr. Hamilton
Lord Lincoln Mr. H. Russell
Mr. W. E. Gladstone Mr. Wrightson
Mr. P. Wood Mr. Moffatt
Lord R. Grosvenor Mr. Boyle
Mr. Brotherton
Mr. Packo
1 Mr. Thornely

The pitmen at Monkwearmouth colliery are now
on a strike in consequence of the owners having re-
solred to make a reduction in their wages.