The Sun.
London, England, 1858-02-19 00:00:00

TRE SUN, LONDON, FR/DAY EVENING; FEBRUARY 19, 1858

LINES LEASED AT FIXED RENTALS.

THE ROYAL BRITISH BANK (This Day).

IMPERIAL PARLIAMENT.
HOUSE OF LORDS.--(YESTERDAY.)
The LORD CHANCELLOR took his seat as 5 o'clock.
NEW PEER.
The Earl of Fins took the oaths and his seat as a
peer of the United Kingdom.
The Es.rl of HARD WICKE presented a petition from
Manchester, praying for a change in the Government of
India.
Earl DUCIE presented a petition from Woodchester,
in the county of Gloucester, praying for increased
facilities for the extension of the Christian religion in
India.

Leasing Closing Prices Business
Shr. Paid RAILWAYS. 'Companies yesterday this day
St. 100 Buckghamsh. Ln.&N.W. 98 100
St. 100 Clydesdale Jc , Ca' .11 don 100 - 102
25 all Col.Stour Vy. E.U.diE.O 13 5
St. 100 E.Ln. g. 6 p.v Gt.Northu 138 140
5 all E. Un. H. Sh. E. Count. 4 41
St. 100 Glas. Barr. do Caldonian.
Neils. Direct.
St. 1100 !Do. New IDo • •••
all iGlstr.&Du.Fr. Gt.Wcstn
50 all illull & Selby. V. & N.M llO 111
25 f all Do. A Shares. o
12A all Do. Shares. Do . . •••
12 all Lon.&Greenw S. Eastern I.2A 13.
20 all Do. Preference Do 24 25
St. 100 Lon. Til., &S. Peto &Co 97 99
10 10 Do. Bark. Sh. Do
5i • all Manch.Baton.
and Matlock di Midld. 2}
St. 100 Mdld.Bradfd. Midland 9B 10.)
64 54 Newmarket
BuryE.G.spc. E. Count - A p
50 all N•diEst.s p.c. Do 56 58
50 all Do. 6 per ct.. Do
50 all Do. Fixed 5p .c Do • ..•
25 all Prest. &Wyly L. &N. W —
12A all Do. A Shrs. A Do
St. 100 IRoystn.di Hit. Gt•Northn 138 140
10 all 11Shrews.& Her T. Brassey 8 8
12 all iS. Staffordsh.. M. Naomi 10A 11
50 all 1W earVaL g6pc Stk. &Dar.
25 all l:1)t) Do 33 33
St. 100 ,WiltsdiSomrst Gt.Westn 9l 93

COURT OF QUEEN'S BENCH, GUILDHALL.
(Sitting at Nisi Prius, before Lord Campbell and a
Special Jury.)

THE QUEEN V. BROWN AND OTHERS.
SIXTH DAY.

The trial of the infermation againet the directors and
manager of the Royal British Bank for conspiring by
false pretences to defraud the shareholders and cus-
tomera and the public, was this day resumed.
The same counsel appeared as before.
The further inquiry into Mr. Cameron's debt to the
bank was proceeded with.
Mr. Anderson, examined by Mr. Welsby, said that in
Cameron's account in the green ledger there was a dis-
count of a note for 5001. in the bill register ; it was
entered as a promissory note of Esdaile's, endorsed by
Cameron. It was continued on as a continuing security
in the register of the 6th of February. On the
16th of January, 1854, there was entered in the
register an advance on convertible securities, a sum of
3,4781. 2s. lld , which continued until the end of 1855.
It was tale -n out after the first balance that was struck
on 31st December, 1855. On that day Cameron gave a
bill drawn on the National Bank of Scotland in favour
of the R iyal British Bank for 3,5001., 21 dap' date. It
was discounted and the amount placed to the credit of
his drawing account, which would appear as an asset.
He received the bill from the accountant of the bank,
with instructions not to present it. It was not entered
in the past-due bills book, but it remained on the list
of country current bills till the close of the bank,
and to the debit of Cameron's discount account.
On the 31st December, 1854, Cameron's discount
account amounted to 15,3961. 14s. 63. due from him
to the bank. On the 31st December, 1855, the amount
was 19,1461. 14s. 6d. Nothing had been received on
it from that time up to the stoppage of the bank.
Mr. Anderson, cross-examined by Mr. E. James—The
bills produced of Cameron's were not initialled in the
' proper manner by the directors, to indicate they
had passed the directors, nor had they been
entered in the past due bills book. Up to the time
Mr. Esdaile became a director, the could only trace
on the books the payment of the money but not the
order for its payment. The 50C/. bill of Mr. Esdaile's
was paid without renewal. By the system of book-
keeping adopted by the bank, they showed the payment
of 1,5001. for the 5001., which the witness explained, but
it was of so complicated a nature that few only could
understand it. The principal object appeared to be to
give the bank an advantage of interest and the saving of
the stamp.
By Mr. D. Seymour—Mr. Cameron's account was
kept in the usual manner as others of the same class ;
there was no mystery about it. The bill for 10,0001.
odd had reference to the purchase of some of the bank
shares.

THE INDIAN LOAN.
Lord MONTEAGLE said that as a bill for raisins" a
loan for Indian purposes was about to be introduced,
he thought it would be desirable that certain returns
connected with the expenditure of a number of the
Indian Presidencies for the last ten years should he in-
cluded.
The returns were ordered.
Earl GREY presented a petition from Newcastle-
upon-Tyne, praying that in any now arrangement in
Indian affairs, no encouragement might be given to
idolatry.
The Eirl of CARNARVON rose to move for a return
of the est aLlishroent of militia regiments now embodied,
and their actual strength on the let Jan. The noble earl
said he found by a return lately printed by order of
the Rouse of Commons that 150,0001. was asked for the
embed el militia. Estimating the cost at 301. per man,
that sum would only secure the services of 5,000 wen.
Now considering that we were involved in a very serious
war, he thought that number would be totally insuffi-
cient to meet the emergency.
Lord PANMURE said there could be no objection to

the returns asked for. In reply to the noble lord, he said
the Government had fully considered the estimates, and
had in their opinion proposed a sufficient land force,
namely, 130,0001. for the present year. He had only
taken a vote of 150.0001. for the embodied militia,
because recruits were flocking in, and he way encouraged
in the hope that the sum would secure the services of
10,000 men, which would be amply sufficient for the
present year. Ho was happy to inform the house that
recruiting was going on most favourably. (Hear, hear.)
Since the let of January no less than 8,500 recruits
;bad entered the army, and during the last week
the number of recruits that had enlisted amounted to
2,059. The state of affairs in India were now so favour-
able that in the opinion of eminent military authorities
there would be no necessity for sending out further
reinforcements to India. But when the hot and rainy
season commenced there would be great mortality which
would hare to be met. It was not yet determined
whether the troops that would in -that event
have to be sent month by month, that would of
course depend on the emergency. To obviate the
danger to the troops travelling in the unhealthy season,
it was proposed that they should be sent to the island of
C-ylon, and there await orders to proceed, which they
would do in perfect health.
The Earl of HARD WICKE thought it the duty of c

A juryman asked if the "green-book" referred to was
a ledger or a memorandum-book f r the use of the
directors ; because there might be a difference as to the
actual state of the account in the ledger and in the
green-book.

I - Witness said that the "green-ledger" contained the
accounts that were more frequently referred to, and that
it answered all the purposes of a ledger.
Mr. Crawford, the accountant, said he remembered
finding, in 1853, seven promissory notes of Cameron's,
amounting to 10.6001. He charged interest on them,
as be understood they represented original shares of the
bank, aid the dividends would go against them. There
was a cash and drawing account. In 1854 the debtor
balance of Cameron's drawings showed 2071. 15s. ; the
balance of the cash credit account at the end of 1854 was
3,1731. 12,. Bd. agaitot Cameron. During Cameron's
absence from illness, in 1855, Mr. Esdaile examined the
share register, and took a good deal of trouble with it.
Mr. Esdaile on on e occasion said, "Surely Cameron's bill■
represent a great many more slims than are standing in
his name. The amount would represent 212 shares,
but there were only 51 shares registered in Cameron's
name. In June, 1855, Cameron said to witness the
directors were pressing him to give back 1,0001. of his
salary, but that he would take care to recompense
himself. Cameron afterwards gave a promissory note
for 1,000/ , which was placed to the " profit" of the bank.
During Cameron's illness witness furnished Mr. Esdaile
with a list of convertible securities. It contained
Cameron's for 3,478/.28.11d., and he called Mr. Esdaile's
particular attention to it by placing his finger on it ;
115/.• ls. 2d. was charged for interest at the rate of 5
per cent. This occurred in March, 1855. The witness
was examined at considerable length with reference to
the details of Mr. Cameron's account, tracing the items
through the books of the bank. Cameron's debt at the
stoppage of the bank was over 26,000/.
Cross.examined by Mr. E. James—He was unable to
pay whether Mr. Esdaile nad seen the bills before
Cameron's illness. There was a diary keptshowing the
bills as -they became due, but as Cameron's bills were
never intended to become due, they were not entered as
such in tho diary, though a list of them were entered at
the end of the hook.
The jury examined the book, and said the entries
showed that that was the case.

the Government to be prepared for any emergency by
having at home a sufficient number of trained men for
any contingency.
Earl GREY thought it highly incorrect to discuss
important questions in an ipoidental manner. fie
thought it absolutely necessary that a second battalion of
every regiment in India ought to be kept in this country,
from which it could be recruited. That was the only way
in which the losses could be met.

After a few words from the Earl of ELLEN-
BOROUGH, the motion was agreed to.
BANKRUPTCY AND INSOLVENCY REFORM.
Lord BROUGHAM said, he rose to lay on the table
a Bill for amending the distribution of the Courts of
Bankruptcy and Insolvency, and for effecting great and
important improvements in the law of bankruptcy and
insolvency. The bill that stood on the paper in his
name for a second reading to-morrow was a partial mea-
' sure, relating to imprisonment for debt, but which, if
no further improvement were effected in that respect,
would be a great improvement of the law. But the bill
the nature of which he was now about to state went to
the root of the evil as it existed at the present time, and
which had been so long and generally admitted. During
the last autumn a great Congress was held at Birming-
ham of the Association for Promoting Social Reform and
Social Progress, in which there were different depart-
ments, at the head of one of which was his noble friend
Lord John Russell. The department over which hie
noble friend so ably and usefully presided was that to
which were referred matters connected with the juris-
prudence of the country, to which his noble friend had
before given great attention, and it was clear from the
manner in which he performed the duties of his office
that he had not thrown away his time in bestowing that
attention upon it, but that he had great knowledge of
the subject, arid entertained sound and judicious views
in reference to it. It was on the suggestion of his noble
friend that a committee was appointed, after a length- ,
ened discussion, for the purpose of examining the whole
subject of the bankruptcy and ineolveney laws, for there
was no ono thing more manifest throughout that discus-
sion than the universal and deep interest which the
state of those laws excited among the whole mercan-
tile community. That there was nothing which so
much occupied their attention as the state of those
laws was evident from the various plans that were
proposed by various interests,—some of them in the in-
terest of the debtor, others in that of the creditor, and
others, again, in that of the trading part of the commu-
nity. The variety and in some respects the opposition
of those proposals were as remarkable as the interest
whinh all of them Excited among their several supporters.
He (Lord Brougham) would take leave to repeat what
he had said on a limner occasion in reference to the great
mercantile law conference which was held about 13
months ago, that when they saw the whole mercantile
community coming before them with complaints of
grievance under which they were suffering, anti of the
state of the law which led to that suffering, though there
might be great contrariety of opinion among themselves
which rendered them less deserving of being implicitly
relied on, yet, if they were agreed as to the existence of
the subs. antial nature of the grievance, their authority
was supreme and without appeal, because they were the
parties for whom and to protect whose interests, the law
existed. Therefore, it was that he urged the universality
of the complaints of the present state of the bankrupt
and insolvent laws upon their lordships' attention as
demonstrating that there was ground for thoee complaint.,
although their lordships might notagree with the complain-
ants in adopting the remedies which they thought neces-
sary. As president of the Mercantile Law Conference
to which he had alluded be turned his attention to this
subject, which, however, was one that he had more than
once before brought under their lordships' notice, and
for which he had sought to apply a remedy. But since
the discussion which took place at that conference he
bad certainly made material changes in the measures
which he propounded is 1849 and 1852, and the bill he
was about to lay on the table was the result of that fur-
ther consideration and further experience of the system.
He would fain hope, when the evils complained of and
the remedies he sought to apply to them were taken into
consideration, that this measure would be held by their
lordships as likely to be effectual in affording the requisite
protection. The first great evil complained of was the
erpense of the Court of Bankruptcy. His noble and
learned friend (the Lord Chancellor) knew that the
ground of that complaint was the large amount of fees
exacted from the suitors; to their extreme vexation. For
example, those suitors considered it an intolerable griev-
ance that in this year of 1858 they were compelled to
pay large sums of money as compensation to officers who
had ceased to exist as officers of the court for a quarter of
A century. Tbry were paying no less than from 24,0001.
to 25,0001. a-year to those most learned and respectable
gentlemen whose official existence he was the means of
terminating by the Act of 1831 and 1832, when the new
system was substituted for the Septuagint, as the 70
commissioners then in existence were called. There
were other expenses which came out of the pockets of
the creditors, o 'nstituting in the aggregate a great '
ground of complaint. Besides' there was another seri-
ous grievance. The Court of Bankruptcy in London
exercised jurisdiction over upwards of 3 000,000 of her
Majesty's subjects ; but there were 29 counties in
England in which there was no Court of Bankruptcy at
al', and of those 29 counties some were far distant from
the Central Court, and yet the inhabitants of them must
come there to transact their business. Of those 29
important counties, omitting Middlesex, Surrey, Kent,
Essex, &e., is the immediate neighbourhood of the me-
tropolis, there were seven countries with a population of
more than 1,800,000, besides four other counties and
parts of Wiltshire and Dorsetshire' containing a total
population of more than 2,000,000, the inhabitants of
which had to conduct their bankruptcy business in Lon-
don, there being no local tribunal for that purpose. This
was the ease now after the principle of local bankruptcy
tribunate had been adopted by the act of his noble and
learned friend Lord Lyndbufet. Of the places the inha-
bitants of which had to come to London to transact their
bankruptcy affairs be would mention four important
towns—Norwich, distant 108 miles ; Great Yarmouth,
124 miles ; Southampton, 77 miles ; and Brighton, 58
miles. A great complaint was now made of the inequality
of the business in the district courts. In some of the
bankruptcy courts the judges were overworked, while
in other courts the judges were underworked. The
learned judge of the County Court at Liverpool
had far snore work than any man ought to be

Witness continued—The- bill of 500/. was gives by
Mr. Esdaile for the legitimate purchase of shares of
Cameron, for the purpose of doubling bis qualification
at the board, in accordance with a resolution passed at
the board for that purpose. Mr. Esdaile paid the
amount with interest. That was the only accommoda-

tion he received from the bank, Mr. E4dalle and his
firm banked at the London Joint-Stock Bank.
By Mr. D. Seymour—The price of R'val British
Bank shares in 1855 rarged from 431. to 50/, He was
unable to say whether Mr. Cameron considered his debt
of 3,5001. bad been liquidated by the sale of 70 shares
which he had given the bank authority to dispose of. A.
sum of 1751. had been received from Cameron's estate
since he left the bank which had not been placed to his
credit. The balances of the Royal British Batik at the
Bank of England sometimes fell short.

By the Jury—There was a debtor-book kept, but ke
wa4 unable to state if it went before the jury,
Sir F. Thesiger said he should call witnesses to prove
what books went before the weekly meetings of the
directors.

Mr. John Finlayson was called. He said he went
into Mr. Cameron's service as clerk at Dingwall, in
1842. Mr. Cameron farmed some land there with a
Mr. Ewer, but the latter got into difficulties, and Mr.
Cameron took the farm liabilities on himself. In conse-
quence of Mr. Ewer's difficulties, a cash credit account
was opened at t_ie National Bank of Scotland. Mr. A.
Mattheson became security for 5,0001. but that was not
sufficient to pay off the ebts on the farm.
Lord Campbell—gave—Have these matters come to the
knowledge of the defendants I
Mr. Weleby—No,
it oaly refers to Cameron.
Lord Catnpbeil suggested that the learned counsel
should not continue this part of the case.
up on as aeace of Dingwall,
Mr. Wehby—Then I will proceed with the case of
Empson.
By Mr. D.
Seymour—Mr. Cameron held many highly
responsible offices in Scotland in conneetion with the
Crown, and was looked
man of good repute.
He still was Clerk of the P
and also
Clerk of Supply and Chamberlain or factor of Crown
rents. He was also a very large sheep
farmer.
The Court then adjourned for a short time.
[ro be continued in oar last edition.]

asked to do, but the two bankruptcy commiisionners of
Liverpool were, as he was informed, exceedingly under
worked, and had much time upon their hands, which
could be applied most usefully to the public service. He
should propose in that case to make the two bankruptcy
commissioners and the County Couit judge of Liverpool
form one court, and to transfer to the County Court, of
which they should be judges, the bankruptcy jurisdiction
now possessed by two of them alone. He also proposed
to apply th e principle generally, and to localise bank-
ruptcy just as insolvency was now localised. That was
the main foundation of the bill which he proposed to
introduce—that the bankruptcy jurisdiction should be
transferred to the County Courts, together with the
whole staff of officials now engaged in the district bank-
ruptcy courts. The bill also gave parties an option to go
before the district Pidge or to apply to the central court
in London as might be most convenient or expedient,
which would depend upon whether most of the creditors
resided in London or in the neighbourhood of the bank-
rupt's place of business. The bill also gave t
for debts
incurred by fraud or mipoonduct. It was most unfortu-
nate that they had not hitherto possessed that power, as
' the insolvency commissioners had long done. In the
bands of the latter it had been found to be ineffectual as
a security to the public, as far as tat security was to be
obtained by putisbusent of the wrong-doing debtor. He
had already stated to their lordships the remarkable
facts that not above one-eleventhof those who were now
,imprisoned for debt, And yvho took the benefit of the

Insolvent Act, ought ever to have been in prison et all,
and that in seven-tenths of the ca,,,es in the Insolvency
Court there was no inquiry and no opposition. In many
instances, no doubt, the absence of opposition arose
from the di-inclination of the creditor who had lost bis
debt to incur more expense and trouble in performing a
public duty. If the bill relating to insolvency which he
bad introduced should be passed into law the creditor
who could ❑ow oily arrest his debtor, would have
the power of summoning him, and of suddenly laying
hold of any property he might possess; just
as the Bankruptcy Court could do at present.
He tad added to the bill abolisting the distinction
which now existed between the trader and the non-
trader a clause to the effect that an officer, to be called
an official examiner, should be appointed, whose duty it
would be to examine on behalf of the creditor—in the
event of the latter not choosing to undertake the task of
examination—and to sift and scrutinise the case of

every trader or non-trader who should be brought before
the Court. One of the gloat defects of our laws—one,
however, which had in a great degree, he was happy to
say, been removed—was that no adequate punishment
had been awarded in those instances in which breaches
of trust had been committed. The experience of his noble
friend the Lord Chief Justice would, he felt assured, tend
te confirm that statement. The manner, too, in which
the commissioners acted in the granting of the various
classes of certificates was in itself extremely inconsis-
tent, and he should therefore propose that the power
should be rested in the commissioners of either abso-
lutely panting or refusing a certificate, giving them in
the latter case authority to punish by imprisonment. It
might be objected to that proposal that the punishment
of imprisonment ought not to be inflicted without trial
by jury, but his answer to that objection was that the
insolvency oemmissieners had always ex.rcised that
power which he proposed to confer upon the judges in
bankruptcy, and to a still greater extent. There were
alto some provisions in the bill in reference to the remu-
reration of official assignees, between the maximum and
minimum amount of whose incomes a very considerable
difference existed, that amount being in some instances
5,0001. or 6,0001., while in others it was considerably,
less. Those provisions would, he trusted, be produc-
tive of a considerable improvement in the case of that
class of officers. There were many persons engaged in
trade who were of opinion that a measure of a somewhat
wider scope than that •which he bad submitted to
the house should le introduced. Now, so far from
proposing his bill as a substitute for any more liberal
scheme, he should ask their lordships to regard it dim-
ply as a natural introduction to a still greater reform.
There was a materiel difference betweea the measure
which he was now introducing and that which he had
in a former session laid before their lordship, and he
hoped it would be found to embody the experience of
late years, and better adapted in many. ways to.seffect
the object in view, It was sometimes said in the City
to men engaged in trade " Your name is on too many
bills," and he was afraid that the same remark would
apply to biro. tA. laugh.) In extenuation of the offence,
however, and in order that his bills might not be die-
honoured, he was bound to add that he was pursuing on
the present occasion the same course which he had
taken on another important question, that relating to
the patent law. He bad introduced a bill for the
amendment of the law on this subject when at the same
time it happened to be under the consideration of the
Government. The Ministerial measure was afterwards
introduced, mad both were referred to a select commit-
tee, which examined them in detail, and Permed out of
them a bill which effected a treat improvement in the
patent law, and was still in force. Following that pre-
cedent, he was now introducing the present bill in the
expectation that his noble and learned friend on the
weoaack would shortly propound another, and then
both would be fairly and impartially considered by a
select committeeeand that out of the two measures one
might be framed deserving the sanction of the house
and of the Legislature. He hoped his noble and
learned friend would give his careful attention to this
subject, in which case he was sure that the commercial
and trading interests of the country, as well as the
character and the moral: of the country. would profit
greatly by the result of his labours. He would now
conclude by laying the bill on the table-
The LORD CHANCELLOR said, it was elways
a part of the courtesy of that house to allow a bill to be
laid on the table and be read a first time without oppo-
sition. That was a most useful practice, but his noble
and learned friend could hardly expect any discussion
to arise with regard to complicated details only now
announced for the first time, and of which none of
their lordships had any previous knowledge, nor must
be be thought guilty of,discourtesy if be now made only
the most cursory allusion to his noble and learn ed
friend's obrervatione. In many of the proposals now
submitted to their lordships he entirely concurred. In
the Brat place, he believed it absolutely necessary to
provide some different mode of remunerating the official
assignees. At the same time, ha thought his noble and
learned friend rather overstated the case when he spoke
of thesegentlemen sometimes making as much as 5,000/.
er 6,0001. a-year. The official assignee in the British
Bank case certainly did during the past year make more
6,0001. of clear income. On the other hand, he might
mention that soon after he took the Great Seal he was
beset with applications from official assignees, who
complained that they actually made hardly enough to
pay the expenses of their office. That was a very
grievous state of things, and in communication with
some of these gentlemen he proposed a scheme, appa-
rently very similar to that of his noble an learned friend
—namely, that there should be always a maximum sum
beyond which their remuneration should not rise, and a
minimum sum, below which it should not fall. He agreed
also very much in the remarks of his noble and learned
friend as to the different classes of certificates given in
bankruptcy. It certainly was the case that, whereas
some commissioners made it a rule to give first-class
certificates unless there had been disreputable conduct
on the part of the bankrupts, others, on the contrary,
always awarded certificates of thelowest class unless some-
thing very meritorious appeared in the conduct of the bank-
rupts. • Considering the number of these commissioners
throughout the country, it was, perhaps, impo,eible but
that there should be discrepancies in their decisions ;
still, as things were, the obtaining of a first or third-
class certificate was quite a chance, depending entirely
upon the commissioner before whom a bankrupt was
obliged to go. Any change of system which removed
these inconsistencies would be a great improvement.
His ueble and learned friend, if ho collected what bad
fallen from him aright, thought the district bank. uptcy
courts should be abolished, and their jurisdiction in the
couuiry given to the County Court judges. Now,
there appeared to him to be grave difficulties
in the way of such a change. Four or five years ago
this matter was considered with the greatest attention
by Mr. Glyn, Mr. Walpole, and others, both lawyers and
non-lawyers, who came to the conclusion that, ht,wever
useful the county court judges might be, and however
meritorious in the discharge of their duties, they were
eminently ill calculated for the administrative business in
bankruptcy. In insolvency cases there was no such busi-
ness, but not so in bankruptcy. As his noble and learned
friend had lately correctly stated, the charge of proceed-
ings in bankruptcy was from $3 to 36 per cent. upon the
assets realised—an enormous percentage, and one which
it must be the great ol jest of legislation to reduce. Still,
however, upwards of 60 per cent. remained to be distri-
buted. Now, an ambulatory judge, who came to a town
once a month or so for the trensaction of business, would
experience great difficulty in discharging that portion of
his duties which would consist in investing, securing,
and ultimately distributing the earns of money which
were from time to time realised. He would not say that
the proposal of his noble and learned friend.on this sub-
ject did not point to the best resource which was open to
them; but it was not one to which he thought they could
look with anything like satisfaction ; and he confessed
that, along with the commissioners of 1853, he considered
it one which would entail the greatest possible difficulty.
There would be delay, there would be the chance of hav-
ing assets purloined, it would be impossible to keep them
together as you could wish, and there would not be that
stability and fixity of place which was essential to the
administration of a bankrupt estate. His noble and
learned friend suggested that the bankruptcy judges
should have in certain cases the power of imprisoeing.
Such a power might perhaps be safely intrusted to the
judges who sat in London, where a vigilant public eye
watched over their proceedings. Even there it was a
mater of great difficulty to allow a number ofjudges not
acting in common to imprison those brought before them
at their discretion fur any considerable time, more par-
ticularly when the point to be determined was whether
the persons in question had or had not acted honestly and
fairly as traders. The opinions which one man formed on
such a subject differed so widely from those which would
be formed by another man that he should look with great
apprehension to the exercise of such a power. [Lord
Brougham—" The insolvent judges are intrusted with
it."] Yes ; but if such a provision were coupled with
an extension of jurisdiction all over the kingdom, if all
the County Court judges were empowered to imprison
at their discretion for any considerable length of time
persons whom they might consider to have acted with-
outei due caution or improperly in the conduct of their
affairs, he thought serious danger would arise.
believed that the bill which had been so long under e
the
letely
consideration of the Board of Trade was eacl
prepared, and would receive the final NV
few days,
n yoPsf
and
Majesty's Government in the course of a t
the
liameut without delay. In t
it would be laid before that ohre
but his noble and
not take it for
meantimeo er
ilhoeuwgeo uulfd Par-gy
phirlelepaorefd
htoisennodbolreseanodr
the subject his very
B7buegsthaamtt)ennatiuosnt,
his name was on the back of many
grantedleurued friendth at (becauserd
(eLe3o.r d
( laug h Chancellor).) The
es
albeuialuiresnpettdheftrhiendmight be very good and useful measures,
and if so be would be happy to give them his cordial
support '
• but all be could promise was that he would
give careful attention to his noble friend's proposi-
tions. He would suggest that his noble and learned
friend's bill, and the other bill relating to the same
subject which was already before their lordships, should '
stand fur a second reading on the same day,
Earl POWIS wished to remind the noble and learned
lords who were dealing with this question of the
t
great inconvenience occasioned in the country from
the distance which creditors and ohthader
frequentlyperso persons
con-
cerned in bankruptcy proceeding
travel from their own residences to the district
courts. courts. The inhabitants of the large county of Salop,
containing a population of 250,000, were compelled to
go to Birmingham in cases of bankruptcy, and the
larger portion of the inhabitants of North Wales were
obliged to resort to the dietriot courts of Liverpool and
Chester. It was, therefore, in many cases not worth the
while of small tradesmen to incur the expenses of the
journey and the other inconveniences consequent upon
the prosecution of cases of bankruptcy. The same incon-
venience was experienced by solicitors and other persons
who might be connected with cases of this nature.
Bankrupts were sensible of their advantage in this