The Sun.
London, England, 1835-08-15 00:00:00

RE POETS.

Mr. F. BARING brought up the Ways and Meani Report
and the Excise Laws Report, which were laid on the table.
IMPRISONMENT FOR DEBT (SCOTLAND) BILL.
On the motion of the Lord Advocate, this Bill was read a
third time and passed.
IMPRISONMENT FOR DEBT (ENGLAND) BILL.
The ATTORNEY-GENERAL moved the third reading
of this Bill. •

Mr. HAWES presented a petition in favour of the Bill
.ont an individual of the name of Ashurst Davies.

Mr. FRESHFIELD co4lained that the House had been taken
by surprise on the present occasion, as the general opinion seemed
to be, that it would not be pressed during the present Session. He
felt himself now compelled to snake a stand at this last stage of the
measure. The Report of the Common Law Commissioners, upon
which it was alleged the Bill was founded, by no means recom-
mended so sweeping a measure, nor did the evidence taken before
that Committee warrant it.. He had already stated his decided ob-
jection to the details of this Bill, which was an attempt to limit
improper credit, by doing away with the power of arrestment.
This appeared to him likely to be very injurious to the
interests of the smaller debtors who comprised by far the
larger class, inasmuch as they were frequently compelled,
from their narrow circumstances, to go upon credit.—(Hear.)
This view of the subject had been taken by their neighbours the
Scotch operatives, who had presented various Petitions complain-
ing that the effect of the measure would be to deprive them of that
credit which was essential to their comfort and independence.
He regretted that an opportunity had not been afforded of discuss-
ing, in a full House, the details of this Bill ; but he should now
take the liberty of pointing out what it was they were about to in-
flict upon the country. The early part of the Bill provides, that.
judgment may be obtained by a creditor within eleven days, with-
out any form of law, and ten days afterwards the debtor is to
disclose any property he maybe possessed of which the creditor
may take possession of. He implored the legal gentlemen on the •
other side of the House, not to do discredit to themselves and to
the legislature by passing an Act fraught with such injustice. Its
principle was most tyrannical and most mischievous, and the worst
of it was that the Court had the power of handing over all the pro-
perty the debtor possessed, unless security for the debt and costs
was given. This was a mode of dispensing with trial by jury,
which he hoped the House would not sanction. The party had
merely to swear to the debt, and not a scintilla of evidence was
necessary to corroborate it. He would suggest an amend-
ment that the plaintiff should be required to bring com-
petent persons to prove that the debt was really due. Could
it be believed that this affidavit of the petitioner was made
to apply to all cases without any limit ? It was made to apply
equally to an ascertained well founded debt upon a bond, or any
debt, however doubtful or difficult to prove. He would make no
observations upon the second clause of the Bill, further than com-
mending it to the attention of the House, feeling fully persuaded
that if the House looked at it, they would see it was an additional
objection to the Bill. He would pass to that part of the Bill which
after giving effect to the judgment, stated the way in which it was tobe
enforced. Without any trial at law—without any intervention of a
jury—judgment is pronounced against the defendant; he is to be
summoned to appear, not before the court in which the judgment
is pronounced, but before the Commissioners of the district ; he must
go there at his own expense, and if he stays away he does so at the
peril of being taken up by a warrant from the Commissioners, and to
remain in custody till he has given a full account of all his property.
There was another officer called into action. The trustee, who
was not'even declared to be an officer of the Court, and over whom
no person had any control except the Commissioner, with whom
he might be in collusion, awl the debtors set at nought. He moved
these amendments, in order that he might record in the Journals
of that House, and to show to those who were interested in this
question, that there were some persons in that House who saw the
defects of this measure, and were anxious to remedy them. And
although he could not but expect that the majority which had passed
this Bill would also throw out his amendments, still he was deter-
mined to press them, as he was determined that this Bill should not
go up to the other House, without an attempt being made to amend it.
One clause was made to apply to all property, present and future;
yet three following clauses purported to be provisions for the protec-
tion of property, after taking from the man all he possesses. Then
the man was not to be discharged until he paid fifteen shillings in
the pound, while he was deprived of the power of paying any thing.
He referred the Attorney-General to the 102 d clause, which enacts
all mopev under trust to be transferred to the assignees.
Mr. HAWES—That clause is omitted.

Mr. FRESHFIELD was glad of it ;_ but it would be his duty to
move amendments to prevent the transfer of property in trust. At
present there were nearly 127,000 cases of insolvency, and a great
deal of money had been recovered from persons who, subsequent to
taking the benefit of this Act, had acquired property by the Com-
missioners of the Insolvent Debtors' Court, which very salutary
power this Act would destroy. Further, there was no assurance
that the Commissioners would not be turned adrift after having
served the public many years. He thought that some compensa-
tion.ought to be given to the Commissioners. It was true there
was a compensation clause, but if it was of any value it would be the
reverse of value to the Commissioners, as they were excluded. His
Learned Friend the Solicitor-General held up a paper, which he
trusted was a Bill upon the subject ; but as the Attorney-General did
not say anything upon the subject, he was afraid his hopes were
ill founded.
The ATTORNEY-GENERAL had said before' and he re-
peated it now, that he thought the Commissioners had an irre-
sistible claim, if their services were not further required, to fur-
ther compensation.
Mr. FRESH FIELD said he trusted the Attorney-General would
not insist upon the clause which threw the onus upon the
creditor, of proving that he had reasonable cause to believe that
his debtor was about to leave the country, or lose his action.
With these observations he would leave the Bill in the hands of the
House. He believed there never was a more severe, arbitrary, and
unjust measure introduced to that House. It gave a preference to
one creditor over the others, and prevented a fair distribution of
the prepertai of the debtor. He should move, as an amendment,
that the Bill be read a third time that day six months.
The motion having been seconded by Col. PERCEVAL,
Mr. HAWES would decidedly oppose the amendment, as he
conceived that the Bill was one which would materially benefit the
public. The Hon, Member retWred to the Report of the Law
Commissioners, which, in his opinion, was a complete answer to
the arguments of the Hon. and Learned Member opposite.
Colonel PERCEVAL said the first nine clauses of the Bill were
frftught with cruelty and oppression, and formed a kind nf legal
Infernal Machine—(Laughter)—though he would bo sorry to com-
pare the Learned Attorney-CiTlfrai to Fiesold. He would certainly
support the alnencuaent„'He protested, against the indecency of
persiAing in forcing this Bill through the House at a morning sit.
ting on a Saturday, when it was well known that the Gentlemen
opposed to the compulsory principle of the Hill were unable to
atlend, having made previous orrani,couxenta which prevented them.
Mr, M, PHILLIPS said that it would have been a matter of
great satisfaction to him, and to those connected with him, had a
Commission been appointed, consisting of two mercantile men and
one legal man, to inquire amongst practical men to. to certain
portions of this Bill. He would have lleen satiailed with the result
of the investlgattoo of such parttcs, lie considered that the com-
merce of the country would be affected to a degree which they were
not prepared to expect, should this Bill pass into a law ; amt ho,
therefore, felt bound to oppose the third reading,
Mr. PEASE thought this Bill the great 4 boon to the com-
mercial interest§ that had ever hev.n Cnueetved or contemplated. It
was well known that in almost every case, nine out of ten of the
creditors were willing to come to an amicable arrangement, were it
not for the objection of the tenth individual, who for the sake of dis-
honest advantage, or by the advice of an interested lawyer, was in-
duced to drag the ease into a Court of Justice.
Mr. POTTER hoped the measure would be postponed till next
Session, in order that the opinion of the cgmmemial men might be
taken upon the subject,
The ATTORNEY-GENERAL replied. By the Bill, justice
was done both to the debtor and creditor, and in his (the Attorney.
General's) opinion, it would be found beneficial to all parties.
. After some observations from Mr. PARKER, Mr. PHILLIPS, and
Mr. H. Twiss,
The ATTORNEY-GENERAL made a few observations, after
which the amendment was put and negatived without a division.
The ATTORNEY-GENERAL then moved the introduction
of a clause by way of rider, whickhad been suggested to him by
the Universities of Oxford and Cambridge.
Mr. ROEBUCK objected to the clause.
The clause was agreed to.
Mr. FRESHFIELD moved amendments to the effect that the
affidavit of the plaintiff should be corroborated by one or more
competent witnesses. That it shall be a good cause for the
Judge refusing to sign judgment, if the attorney for the defendant
made an affidavit that, in his opinion, the defendant had a good de-
fence to the debt ; and also that, in certain cases, the Judge would
have a power of extending the time for putting in security.
After a few observations from Mr. HORACE TWISS and Mr.

SHARIIAN CRAWFORD,
Mr. FRESHFIELD withdrew his amendment, and the Bill was

passed.
AR RESTMENT OF WAGES BILL (SCOTLAND.)
The House went into Committee upon this Bill, on the motion
of the LORD ADVOCATE.
Captain GORDON thought the Bill unwise, but as he was
unacquainted with it, he would offer no opposition to it ; but he
must complain of its being brought on when no Scotch Member
acquainted with the subject was present. The report was ordered
to be received on Monday.
CESSIO BONORUM.

This Bill also went through ComMittee without comment, and
the report was brought no by Mr. Bernal.
The Insolvent Courts (Ireland) Bill was read a second time.
On the order of the day for the third reading of the Peace Pre-
serdation in Ireland Bill being read,
Mr. P. SCROPE pre posed as an amendment,—" That
this House would not bo justified in passing a rneasnn-,
to increase the severity of the law for the punishment of criminal
outrages in Ireland, if it did not propose to take into consideration,
at the earliest opportunity, measures for the removal of the leading
causes of such crimes, by affording some protection to ejected
tenants, or some other resource than mendicancy or vagrancy, to
those who can find no market for their labour, and by securing to
every iristimais the means of existence by honest and peaceable
industry."
Lord MORPETH hoped the lion. Member would be induced to
withdraw his resolution, when he assured him that it would be his
anxious endeavour next Session to bring in such remedial measures
ac would be nooessary to meet the ovils complained of.
Mr. I'. SCROPE withdrew his resolution, and the Bill was
then read a third time and passed.
• REFORM OF COURTS (SCOTLAND) BILL.
On the motion of the Luau ADVOCATE this Bill was read a
third time and passed.
The Court of Fivliequer (Scotland) Bill, and the Forgeries
(geotiamt) Bill, severally went through Committee.
LEGACY ACTS.
The Report upon this Bill was brought up, and upon the motion
of Mr. RAPHAEL leave was given to bring in a Bill to exempt
from the payment of the legacy duty bequests to charities.
31T B, !I G DrPoy)it 10 a Till to exempt persons selling a
limited quantity of spirits in the year from paying the heavy Li-
cense Duty.
lord MORPETII gave notice, that on Monday next he should
move for leave to bring in a Bill to regulate the Volice of Dublin.
The otber,Orders of the Day were then disposed of, end the
House ailjourfied 4t ten roluni4 before Three o'clock till Monday.