The Sun.
London, England, 1860-07-10 00:00:00

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to the clause, but if the hon. .
tlemen who entertained objections would app,
to subject, and would bring forward ai
found to be an improvement, he should
any objections
The clause as amended was then agreed to ;- as were also
clauses 42, 43, and 44.
Clause 45, as amended, was also agreed to ; as was also
clause 46.
On clause 47, which provided that the appeals sheruld be
"by petition or motion," an amendment was proposed to
leave out the words " or motion."
The ATTORNEY-GENERAL opposed the amend raaet,
but Would have the clause considered again if hon. gentle-
men thought it necessary.
Mr. MURRAY had no objection to the clause being re-
considered, and hoped that the point relating to new evi-
dence would be attended to ; for, if they had to apply to the
judge for leave to produce new evidence, their applications
would be supported by affidavits, and thus attended with.
expense and delay.
After some verbal amendments the clause was agreed to.
Clause 48, after some conversation, was agreed to.
On clause 49,
Sir F. KELLY moved an amendment, which would have
the effect of allowing the chief judge in the court of appeal
to summon to his assistance one or more of the judges of
the courts of common law.
The ATTORNEY • G E NE RAL thought the amendment
would be a great improvement.
The clause,.as amended, was then agreed to.
Clauses up to 59 were agreed to.
Clauses 60 to 66 were agreed to with some verbal amend-
ments.
On clause 67 being proposed,

PRICE 4D. STAMPED, 5D

from a reproach which it now bore, that while it was the
greatest trading countr), in the world its law of bankruptcy
was the worst and most inefficient. He moved that the re-
port of the committee on salaries, as amended, be received
as amended.
Sir H. WILLOUGHBY said the house never came to a
sounder conclusion than it did in adopting the principle
that in amending the law the compensations to be granted
should not be granted out of the consolidated fund. (Hear,
hear.) That was the principle he desired to have affirmed,
and the house had affirmed it. He had no wish to interfere
in the slightest degree with the amendment of the law.
Mr. BOUVERIE said his hon. and learned friend had
complained of the opposition he had received from hon.
members who sat behind him, but he (Mr. Bouverie)
thought some good had been done by the amendment ; and
his hon. and learned friend must not expect that 510
clauses Could be agreed to without some of them being
subjected to discussion and opposition.
Mr. BARROW compla ned that the Consolidated Fund
in this country had been loaded with sinecures of a very
disgraceful character, and therefore it was that he felt he
was right in supporting the amendment the other night.
Mr. HENLEY :also approved of the amendment, and
said he quite concurred in the opinion that, when a bill con-
tained so many as 540 clauses, a number of them must of
necessity be subjected to discussion.
Mr. W. WILLIAMS approved of the compensation
clause being struck out, as it cut off a large amount of
patronage.
The report, as amended, was then agreed to.
The house having gone into committee, clauses 25 and
26 were agreed to.
Clause 27 was agreed to.
On clause 28,
The ATTORNEY-GENERAL proposed the postpone-
ment of this clause.

Mr. ROEBUCK suggested that the words directing evi-
dence to be taken in writing be omitted, and viva voce evi-
dence substituted.

The ATTORNEY•GENERAL did not object, and the
amendment was agreed to.
Clauses 68 to 73 inclusive were agreed to, as were also
clauses 74, 75, and 76,
Upon clause 77, which provides that in case of absence
from sickness or other reasonable cause, the substitutes for
commissioners and registrars should be paid by the Treasury,
Mr. BOUVERIE objected to the introduction of this new

principle. If the clause was agreed to as it at present
stood, he could see that it would lead to great abuses. He
should therefore move the omission of the payment to de-
puties in such cases out of the Suitors' Fund. (Hear.)
Mr. COLLINS hoped the hon. member for Kilmarnock
would persist in his motion.

Mr. MALINS'had considerable doubt as to the propriety
of giving bankruptcy jurisdiction to the county courts, but
upon further inquiry he was quite satisfied in acceding to
this proposal. He concurred in the propriety of giving one
uniform salary to county court judges. Some judges did
not sit so many days as others, but then the amount of
travelling about the country, and other inconveniences to
which the county judges were exposed, more than counter-
balanced the additional number of sittings which the busi-
ness entailed upon their metropolitan brethren.

The ATTORNEY-GENERAL said he would go to a
division.

After some further conversation the committee divided—
For the amendment . ll7
Against lO7
Majority
—lO
The announcement of the decision in favour of the
amendment was received with considerable cheering.
On the motion that the clause as amended should stand
part of the bill,

Mr. ROEBUCK said he knew that many of the comity
court judges had not four days in the month to call their
own. They administered every kind of law, and that, too,
without the assistance of a bar.

Sir H. CAIRNS thought the plan proposed by the Attor-
ney-General was the best that could be done, and he would
certainly support the clause. He believed that £1,500
a-year now paid to county court judges commanded the
services of some of the best men, and was, therefore, in his
opinion, quite enough. He thought that in future a dis-
trict commissioner in I ankruptcy ought to be put on the
same footing as regarded salary as county court judges.
The ATTORNEY-GENERAL concurred with his hon.
and learned friend as to the propriety of placing in future
district commissioners on the same footing as county court
judges. He would consider the whole question, however,
and postpone the clause.
Clause 29 was agreed to.
On clause 30 being proposed,

Mr. CLAY said he should take the sense of the commit-
tee on this question.
The ATTORNEY-GENERAL hoped the committee
would consent to omit the clause altogether, if the amend-
ment, which was carried by so small a majority, was to be
persisted in. Such an alteration of the clause would be an
act of injustice towards the commissioners. He should take
the sense of the committee on the omission of the clause.

Sir H. CAIRNS said that as the clause new stood, no
deputy or substitute could be appointed without the con-
sent or at the request of the commissioner, and if ;to fur-
ther addition were proposed to the clause, he should recom-
mend the Attorney-General not to press his objection to its
retention.

The ATTORNEY-GENERAL concurred in this view,
and the clause as amended was agreed to.
The house resumed, and the Chairman reported progress.
On the motion that the committee sit at 12 o'clock on
Thursday next,

Mr. BEECROFT moved an amendment to the effect
that the operations of the bill should be limited to those
places where district courts now existed.

The ATTORNEY-GENERAL opposed it.
After a short conversation the clause was agreed to.
On clause 31,

Lord LOVAINE objected to the morning sitting on that
day.

Mr. BOUV ERIE opposed it. He objected to any power
being given to the Lord Chancellor to appoint in certain
cases the registrar of the court to hear all cases under
forty shillings, when the business of the judge shall be
thought too heavy.
Mr. M. SMITH also objected to it, and hoped the hon.
and learned gentleman would omit it altogether. He would
rather see an increase in the number of judges than that
the present clause should be adopted.
Sir F. GOLDSMID thought the clause was opposed to
the principle on which the county courts were founded.
Mr. ROEBUCK quite concurred in the opposition to
the clause, on the ground that the poorer classes objected
to an inferior judge.

The committee then divided, and there appeared—
For the motion
Against it
Majority .. —69
The Registration of Births (Scotland) Bill, as amended,
was agreed to.

The Local Government Act (1858), as amended, was
considered, and the amendments were agreed to.
COMMON LAW PROCEDURE (IRELAND) ACT

(1853.)
This bill was read a second time.
QUEEN'S PRISON BILL.
This bill was read a second time.
PAROCHIAL ASSESSMENTS BILL.

Mr. COLLIER and Mr. MALINS expressed similar
views, and hoped the Attorney-General would either con-
sent to amend the clause, or that it would bo negatived.
The ATTORNEY-GENERAL admitted the weight of
the arguments adduced by hon. and learned gentlemen,
but on the other hand, it had been shown by past expe-
rience that nine-tenths of the time of the county court
judges were occupied in hearing routine cases. On the
whole, however, it being necessary to maintain confidence
among the poorer classes in the administration of the law,
ho was willing to omit the clause. (Hear, hear.)
The clause was then put and negatived.
On clause 33, which defines the jurisdiction of the new
courts,
Mr. MURRAY moved to omit the word "creditors in
line 21.

On the motion for the second reading of this bill, the
order was discharged on the motion of Sir G. C. LEWIS.

POSTAGE (ARMY AND NAVY) BILL.
This bill passed through committee.
ItEFRESIIMENT HOUSES AND WINE LICENSES
(SC OT LA ND) BILL.
The second reading of Ibis bill was postponed till Mon-

day next.
HUSBAND AND WIFE RELATION LAW AMEND-
MENT (SCOTLAND) BILL.
The order was discharged.
GAME CERTIFICATES BILL.

This bill was postponed till Friday.
COLE WORT BARRACKS (PORTSMOUTH) BILL.
This bill was read a third time and passed.
POOR-LAW CONTINUANCE BILL.
This bill was postponed till Friday.
HERRING FISHERIES (SCOTLAND) BILL.
This bill passed through committee.
PRISONS (SCOTLAND) BILL.
The order was discharged.
TITLES TO LAND (SCOTLAND) ACT (1858)
AMENDMENT BILL.

The ATTORNEY-GENERAL said the word had been
introduced to meet cases in which no assignees had been
appointed.
Sir H. CAIRNS was of opinion that the introduction of
the word was objectionable.
Sir H. KELLY, on the other hand, thought there was
great force in the views of the Attorney-General.
After some further conversation,
The ATTORNEY-GENERAL consented to the omis-
sion of the word, and the clause as amended was agreed to.
Clause 34 was passed with some verbal amendments,
after a short conversation.
Upon clause 35,

The order was withdrawn.
THE MINES REGULATION AND INSPECTION

BILL.
This bill was read a third time and passed.
MAYNOOTH COLLEGE.

The report was ordered to be received, and leave was
given to bring in a bill in conformity therewith.
LANDS CLAUSES CONSOLIDATION ACT (1845)

Mr. MURRAY moved the insertion of the words, "and
the amount of salaries to be from time to time paid to the
clerks of the official assignees and the duties they are to
perform."
The ATTORNEY-GENERAL said he should offer no
objection to the amendment. Heretofore the Court of
Bankruptcy had been a great hotbed of patronage, and he
trusted that abuse would be rectified by the present bill.

AMENDMENT BILL.

This bill was read a third time and passed.
The Metropolitan Building Act (1855) Amendment Bill
was read a third time and passed ; as was also the Burial-
grounds (Ireland) Act (1856) Amendment Bill; and the
Bleaching and Dyeing Works Bill.
On the motion for leave to bring in a bill for the amend-
ment of the Peace Preservation (Ireland) Aot of 1856, by
Mr. CAR D WE LL,
Mr. POPE HENNESSY opposed the motion.
The house divided, when there appeared—
Ayes
.... 18
Noes
Majority in favour of the bill —l7
The house then adjourned at half-past two o'clock.

Mr. WILLIAMS would like to know the number of
clerks intended to be employed, and the salaries they were
to be paid.
Mr. BRISCOE thought the introduction of the words
proposed would deprive the official assignees of all power
over their subordinates.

Mr. HENLEY and Mr. MITCRELL opposed the amend-
ment. If the amendment were agreed to the clerks would
one day or other claim compensation because they had been
appointed by the Lord Chancellor.
Mr. ROEBUCK reminded the house that if the amend-
ment were agreed to the clerks would not be nominees of
the official assignees but of the Bankruptcy Court.
1""Mr. MALINS thought the principle of the amendment
very objectionable.
After some further conversation the amendment was
withdrawn, and the clause agreed to.

Clauses 36, 37, 38, and 39 were passed without observa-
tion.

On clause 40,

Mr. ROEBUCK said that if the commissioners with a
salary of £l,BOO a-year were to have vacation and a substi-
tute found for them during that period, he did not see why
the county court judges, whose labours were more onerous
and whose salary was only £1,500 a-3 ear, should not enjoy
similar privileges.
Mr. lIENLEY thought that if the commissioners did
not work throughout the year they ought to pay the ex-
pense of those who represented them.
The ATTORNEY-GENERAL said he should be most
happy to emancipate the county court judges, but he had no
power to do so.

Mr. HENLEY repeated that if the commissioners were
to have vacation they ought to pay their deputies.
Sir FITZROY KELLY approved of the clause. He
thought it would be unjust to throw upon the Commis-
sioners of Bankruptcy the onus of paying their deputies. If
any proposition were made of a similar kind with respect to
the county court judges he would support it.
Mr. ROE BUCK said he had no objection to have the
salaries of Bankruptcy Commissioners preserved to them
intact without any diminution for remunerating deputies.
What he wished was to have the county court judges placed
on the same footing. _ _

Mr. BARROW would not object to paying the deputy
out of the Consolidated Fund provided his appointment
were sanctioned by the Lord Chancellor.

After some conversation the amendment was agreed to.
On the motion that the clause as amended stand part of
the bill,

The committee divided, and there appeared—
For the clause
Against it
Majority —2
The clause was therefore lost.

On clause 41,
Sir F. KELLY suggested that where the sum in litiga-
tion was small the matter should be referred to a superior
court.
Mr. ROEBUCK said the amount of money at issue had
nothing to do with the matter. The principles of law in-
volved would be the same, irrespective of the SUM of money
in dispute.
Mr. W. WILLIAMS would suggest that in all cases in
which the assets were under £3OO they should be brought
into the county courts.
Mr. VANCE said there was a difficulty, till a case
reached a certain stage, in ascertaining what the assets
would be.
The ATTORNEY-GENERAL said ho could not find
any rule to define what cases should be transferred to the
county courts better than the rule which was laid down in
the bill. The transfer was not to be made without the con-
lent of the principal commissioner, Re hoped the committee