The Sun.
London, England, 1858-06-23 00:00:00

BANKRUPTCY AND INSOLVENCY.

Lard J. RUSSELL moved fur leave to bring in
bill to amend and consolidate the laws relating to bank-
rupts and insolvents." The noble lord said he made Olio
motion at the instance of a body of gentlemen who met
come time ago at Birmingham to consider the subject,
and who had asked him to lay the bill before the house
in order that it might engage the attention of the law
officers of the Crown. It appeared that at present the
ex.:eases of bankruptcy proceedings were so great that
about 30 per cent. of the realised assets were absorbed in
them. Three or four remedies were suggested in this
bill. One was to put an end entirely to the distinction
between bankruptcy and insolvency by providing that
the Bankruptcy and Insolvency Courts should be united,
and that all persons who became insolvents should be
deemed to be bankrupts. In the next place, it was pro-
posed that the creditors should have power at their first
meeting to appoint a creditors' assignee, instead of an
official assignee ; it being the opinion of the promoters
of the bill, that although in many cases the official assig-
nee was a man of knowledge and ability, and managed
the affairs entrusted to him skilfully, in other cases,
through indolence or carelessness on the part of that
officer, a great deal of the property of the creditors was
wasted. It was further proposed that the process should
be very much simplified, and made cheaper than it was
then, and in pursuance of this last object it was proposed
that in certain cases the creditors should have power to
resort to the county courts. There were various other
provisions, including one for placing retired allowances
on the consolidated fund. The main feature of the bill
was the consolidation of the Bankruptcy Court and the
Insolvency Court. All he proposed to do now was to
introduce the bill ; be did not expect to proceed any fur-
ther with it in the present session, but he hoped it would
receive the fullest attention from the Government before
a;:y alteration was proposed on their behalf.
The ATTORNEY-GENERAL said the attention of
the Government had long been directed to this impor-
tant subject, and, as the noble lord was probably aware,
a bill was about to be introduced by them in the other
house of parliament, which it was hoped would remedy
most of the exiting defects. He was surprised that no
attempt was made in the bill of the noble lord to amend
the state of the law with regard to insolvent joint stock
companies. At present it was impossible to do justice to
the creditors and the shareholders without instituting
proceedings both in the Court of Bankruptcy and in the
Court of Chancery ; and the consequence was a conflict
of jurisdiction, of remedies, and of officers, involving
immense expense to the parties interested. He should
refrain from expressing any opinion with regard to the
provisions of the bill until he had had an opportunity of
emamining them ; but as regarded the proposed abolition
of the distinction between bankruptcy and insolvency,
he might observe that the bill must go a great deal fur-
ther than that if the noble lord sought to make every
class of British subjects liable to be made bankrupts.
Mr. HEADLAM agreed with the Attorney-General
as to the necessity of legislation with regard to insolvent
joint-stock companies, but thought it undesirable to Luiz
up that question with the subject of the bill.
Leave was then given to bring in the bill.
CORONERS INQUESTS.

Mr. COBBETT moved for a select committee to cox.
eider the state of the law and practice as regards the
taking of inquisitions in cases of death, the app, intmeet
duties, and remuneration of the officers employed there-
in, end whether it is expedient that any and what alter-
ation should be made in such matters. He said the com-
mittee that he asked for was one to revive a committee
appointed appointed in 1851 on the motion of the hom
member for Lewes. The committee sat for a con-
siderable time, took some evidence, and reported
hastily just before the dissolution, recommending
that the evidence should be printed. The evidences
however, never had been printed. A great feud
now existed between the coroner and the justices in
no less than fifteen counties, and the question was *
question of fees. The 25th of George IL, chap.
29, gave the fee of one pound and an allow-
ance for mileage on all inquests which have been
duly held, and which should be paid out of the county
rate. This gave the justices a supervision. The lilt
Viet., chap. 68, enacted that the expenses attending the
holding of inquests should no longer be paid out of the
poor rate. That act of course threw a greater horde°
on the county rate with regard to inquests, and from
that time to this there had been a growing dispositioa
on the part of the justices to cut down the expenses of
inquests. With regard to the expenses under the lst
Victoria, the magistrates had no discretion, but witb
regard to the fee of 1/ and the mileage, they had, there
having been discovered lately an old decision of All,
Court of King's Bench, by which on the word "duly
it had been held that the justices had jurisdiction. The
rule of law was that there should be an inquest in sa
cases of sudden death, or death from violence, but the
rule of the magistrates was that the inquest should not
be he'd except there was some suspicion of criminality.
The justices of Yorkshire had given directions to the
constables to inform the coroner of cases in which the/
thought there was suspicion, so that the constables were
made the judges of the necessity, in,tead of the coroner.
A commission having issued, he believed that the rigbt
hon. gentleman thought that a committee would be
useless—(hear, hear)—but if a hope was not held 00
that the commission would go fully into the whole
matter, he must press upon the house the necessity Of
appointing a committee.
The CHANCELLOR of the EXCHEQUER said,
considering the number of hours the house had sat, the
lateness of the hour, and the fact that there must be •
debate upon this matter, he would move that the debate
be adjourned. There was a sort of understanding th*S
matters of this sort should not be taken after midnight'
The debate was accordingly adjourned until Wednet'
day.
_ _

SALE OF GRAIN.
Mr. M‘C.A.NN obtained leave to bring in a bill for
the sale of grain, meal, flour, butter, and potatoes, 11.0
other agricultural produce, by the pound avoirdupolit
the score of twenty pounds, the hundredweight of 000
hundred pounds, and the ton of two thousand pounds.
The bill was read a first time.
COUNTY PROPERTY CONVEYANCE.
Mr. PALK obtained leave to bring in a bill to PO:
vide for the conveyance of county, city, and borough
property to the clerk of the peace or town clerk of the
county, city, or borough.

EXPIRING LAWS.
Mr. HAMILTON moved for a select committee to
inquire what temporary laws of a publio and genet A
nature were in force on the let day of January last, aii"
what laws of the like nature expired between the timeta
which the last report on the subject was made up ep
the said let day of January, and also which of the sit.
laws in force on the said Ist day of January last 111_,,'
limited to expire at particular periods, or in consequen'
of any c >ntingeu t public event, and to report the EA.1.11,
with their observations thereupon, to the house
Hamilton, Mr. Fi'zroy, Mr. Attorney-General,
Solicitor-General, Mr. Adderley, Mr. Cowper, Sir
Jolliffe, General Peel, Mr. _William Williams, Lor
Naas, Lord John Manners, and Mr. Hardy : power t 0
send for persons, papers, and ,records ; five to be t"-
quorum.

- The committee was appointed.
The County Management Bill was read a third
and passed.
The Railways Act (Ireland) Continuance Bill was reA4
a secnnd time.
THE NISI PRIUS`COURT (IRELAND) BILL•
This bid, as amended, was considered,
JOINT STOCK BANKING COMPANIES BIM'

On the motion for the third readingoftlisbnl,
Mr. COWAN moved that it be read a third time tbo
day six months.

The house divided—

For the third reading 6O
Against l3-11
The bill then passed, and
The house then adjourned at a quarter before one.

Sir James Matheson has paired for the remainder of
the session with Lord Alexander Gordon Lennox.

DEATHS FROM SONSTROKE.—On Wednesday last two
men near Rumford, irr Essex, and a man near MAO:i
Sussex, met their deaths from sunstroke. Farm "I ii
in Essex suffered severely from the same cause, not op ed
bullocks, cows, and pigs, but ducks and geese, dropPl"
down dead through the heat of the weather.

BIRTHS.
BOWDEN—On the 20th inst., at Preston, the wife of Ms
isf
Bowden, 22d llegt., of a son.
HARDINGE—On the 20th inst., at 20, Hanover-39°r"
Viscountess Harding°, of a son.
KNATCHBULL—On the 19th inst., the wife of Major.
nald linatchbull, of a son.
MAYOR - On the 21st inst., at 45, Park-street, Grosfes°l"
square, Mrs. F. J. Mayor, Esq., of a daughter.

MARRIAGES. • 14
CORNWALL—WILSON—On the 111th inst., at Dahill:li rii•
special license, Major G. Cornwall, 93d Highlaelior
to Augusta Annie, second daughter of the late Brig°
Wilson, t 4th Regt. •
OW
STEEL—WOOD—On the 27th ult., at St. Martin's-ln. tho
Fields, Charles Steel, Esq., Captain 17th Lancerto,j,
eldest son of Major-Genei al Sir Scudamore %Vinde ay,
to Anna Caroline, third daughter of the •""
Sir John Page Wood, Bart., of Rivenhall, Esset.

DEATH S.
FRANCIS— On the 21st inst., at Cornwall-place, 11011011/'
Mr. Edward Francis, aged 82.
DARE —On the 21st inst , Miss Hester Dare, of WAtliur
street, aged 82.
D'EISENDECKER—On the 16th inst., at Pau, pyre', ts
Valeria, BAroness d'Eisendecker, daughter of the 'l'4
Thomas Forster, of the Grove, Buckinghainshiles */'
of Elim, Jamsica.
PHIPPS—On the 14th just,, at the Curragh Can3l3,
gad
dare, William Heary Phipps, Esq., Assidt..surgeoll
Battalion Coldstream Guards, aged 27.
,'.-
of
PARKER—On the 14th inst., Peter Parker, Esq.; 14
Andover, aged 6'.

?.10
.ONDON Printed and Published by MIIRDO Nro"--40
of No. 112, Strand, Printer, at The Sun Ofliod.
112, Strand, in the Precinct of the Savoy. in the 04711°
of Middlesex, Wedues lay, June 23, 1858,

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