The Sun.
London, England, 1859-02-16 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, FEBRUARY 16, 1859.

DR. KAHN'S ANATOMICAL MUSEUM,
3, TICHBOURNE-STREET (Opposite the Hay-
market). •

Open daily (for Gentlemen only).
LECTURES at Four and Eight o'clock, on important and
interesting topics in connection with ANATOMY, Tay-
SIOLOVY, and PATHOLOGY (vide Programmes).

Admission ONE SHILLING.
DR. NINEKAHN'
LECTURES ON THE PHILO-
SOPHY OF RIAGE, &c., sent post free, direct from the
Author, on th ipt of twelve stamps.

THE NATIONAL ASSEMBLY ROOMS, High
Holborn, formerly. Casino de Venise.--This establish-
ment, pre-eminently distinguished for the elegance and
matchless beauty of its decorations, combined with the per-
fection of its management, is OPEN every EVENING.
The celebrated band, under the direction of Mr. W. M. Packer,
plays a nightly varied selection of the most approved classical
and modern music. Doors open at half-past 8 ; overture at
9 ; closing at 12 punctually. Admission Is. N.B.—Mr. W.
M. Packer's grand Annual Benefit Bal Masque is fixed for
Thursday, 17th March.

ARGYLL-ROOMS, Windmill-street, Piccadilly.
These popular. and celebrated rooms are open every
evening, with R. R. 13ignell's Grand Orchestra, conducted by
that great composer, Mons. Antony Lamotte, of Paris.
Leader, Charles Hall. Mons. Boulcourt, the celebrated cornet-
a-piston player, performs nightly, with other talented
artistes. Selections from Rigoletto, IlTrovatore, La Traviata,
Huguenots, Robert le Diable, and the new opera Martha.
Manager, R. R. Bignell. Doors open at half-past 8, close
ten minutes before 12. Admission, Is. to Promenade.
N.B.—All applications for the above bandlor Concerts and
Balls, to be made to Mr. William Price, treasurer, at the
Rooms.

HOWES AND CUSHING'S GREAT
UNITED STATES CIRCUS.—The ALHAMBRA
PALACE, Leicester-square.
The Morning Performances are particularly recommended,
as the Pantomime can be seen with the same effect as at night.

, Sprites of the Silver Shower each performance—The cele-
brated horse "Cruiser" will be exhibited, as tamed by
Mr. Rarey.—" Black Eagle," the horse of beaui:y.—The
educated mules, " Pete ' and " Barney."
Pit, ls.•, Boxes, 2s. ; Reserved Seats, 35.; Stalls, 55.; Private
Boxes, £2 2s. Children under Nine years of age, half-price.
Gallery, 6d.'
Two 'Performances Daily at two and half-past seven p.m.

ECONOMY.--A TEN GALLON CA SK
(equal to Five Dozens) of the finest SOUTH- AFRICAN
SHERRY, for Four Guineas, or 20s. per Dozen ; best PORT,
245. per Dezen. Cask or Bottles and Case included: Three
Dozens Carriage Free. HENEKEYS', ABBOTT, and Co.,
Importers, 22 and 23, High Holborn, London, W.C. -Esta-
blished 1831.

HENEKEYS' COGNAC, a pure FRENCH
BRANDY, rale or Brown, 20s. per Gallon ; Vs. per
Dozen.
HENEKEYS' LONDON BRANDY, Pale or Brown, 14s.
per Gallon ; 30s. per Dozen.
HENEKEYS' LONDON. GIN, as from the Still and the
Strongest allowed, sweet or dry, 12s. per Gallon ; 265. per
Dozen.
Packages to be returned within Three Months, or charged
is. per Gallon. Six Gallons, the cask included, and carriage
paid.
Country orders must contain a remittance.
HENEKEYS, ABBOTT, AND. CO.,

Gray's Inn Distillery, 22 and 23, High Holborn, London, W.C.
Established 1631.

IMPERIAL PARLIAMENT.

HOUSE OF LORDS-(YESTERDAY).
The LORD CHA.NCELLOR took his seat on the woolsack
at five o'clock.

PASSING TOLLS.

Lord STANLEY of ALDERLEY tared her Majesty's
Government whether it was their intention to introduce
any measure in the present session of Parliament to relieve
the shipping interest from passing tolls and other btuthens ?
The noble lord complained of the manner in which the
memorials and petitions agreed to at many influential
meetings of shipowners had been treated by the Govern-
ment.
The Earl of DONOUGHMORE said the Government
were not prepared to introduce any measure on the subject
referred to by the noble lord, because they could not sere
that it would lead to any satisfactory results. He thought
their lordships would agree that the Government had acted
wisely in not taking up an ill-digested and hasty measure,
which had been under the consideration of the late Govern-
ment.

vernment had been directed to the subject of the charge-
ability of poor rate on Government property ?
The CHANCELLOR of the EXCHEQUER said that
it was the opinion, of the Government that some legislation
was required on that important subject, and his right hon.
friend the President of the Poor-law Board would take an
early opportunity of introducing a bill with that view.
TREATMENT OF LUNATICS.

Mr. TITE moved the appointment of a select committee
to inquire info the operation of the laws regulating the care
and treatment of lunatics, especially of those found to be
lunatics by inquisition. He stated that there were now
23,000 lunatics of one kind or another in England. There
were-the pauper lunatics, the number of whom was stated
in the last year's report of the Commissioners at 17,572,
having in one year increased to that number from 16,637 ;
aid there were about 5,000 lunatics of other kinds. They
were subject to three jurisdietions—firstly, lie Commis-
sioners of Lunacy had the charge of the pauper lunatics and
of private asylums; secondly, the Chancery lunatics were
under the charge of a board of visitors, with a distinct juris-
diction ; and the third class was that of the criminal luna-
tics. The laws relating to this subject were conflicting. In
1828 the first law of an extensive scope was passed ; it was
amended in 1832, again in 1835, and in 1838, 1841, 1842, and.
lastly in 1845 it was entirely remodelled. 1n'1853 the act re-
gulating the Chancery lunatics; or those found so by inqui-
sition, NyEt S passed, an act drawn up by Lord St. Leonards.
Last session he (Mr. Tite) drew attention to the operation of
that act, which he believed to be inconvenient and oppressive.
The number of lunatics under the care of the Court of Chan-

eery was 1,600, and thetOttal7ain;iini of their property
under the control of the court was upwards of £200,000.
The act of Parliament drawn up by Lord St. LeOnards did
not repeal previous acts, but referred to them, and the pro-
visions relating to lunacy were to be found in five or six
separate acts. With regard to criminal lunatics also, it ap-
peared that some provision was necessary. There were now
six or seven, hundred of them. He thought, as a criminal
lunatic was not regarded as morally responsible for the act
he had committed, when he was restored to health he should,
' be restored to society. At present there was no power to
do this, except by the judgment of the ;Home Secretary,
and this was very seldom exercised in the matter. Another
large class of lunatics consisted of thige who were just
above the condition of paupers. In Scotland, in every large
town, there was an asylum -for them ; in London there were
two great foundations, St. Luke's, which only took them
for one year, and Bethlehem, which took them only under
particular circumstances. • He hoped the committee would
consider whether it was not possible to do something for
that large class, who suffered extremely, as well as their
families; whenever that distressing disorder overtook theme
What was wanted was 'a more complete supervision • and
the measure now. required was one for the consolidation of
he law, defining the functions of the several boards, which
had now a distinct and divided action.
Mr. WALPOLE said it was true the hon. member had
got a kind-of pledge from the Government that they would
not oppose the inquiry, if it were so conducted as to lead to a
practical result. Therewere four classes of lunatics; namely,
the criniinal lunatics, the lunatics who had been found so by
inquisition under the Court cf Chancery, the lunatics con-.
fined in Private asylinns, and those in county or borough
asylums. As to the criminal lunatics, he thought there could
notwell be any material interference; but with regard to the
second class, he did think some amendment might be made
in the law in two respects. With reference to the manner in
which inquisitions were held, and inquiries conducted, ex-'
tending over long periods of time at a great expense, and to.
. the great affliction of many people concerned in them, a great
improvement might be made. He also thought that with
reference to the inspection and- personal superintendence of
the treatment of those lunatics, it might be provided for in
a more careful and consistent manner than at present. The
other two classes were those in county or borough asylums,
and those in private asylums. Since the notice of motion
was given last summer, he had made some inquiries on the
subject, and he would now state the results. He found,
upon comparing the number of lunatics in 1852 with those
in 1857, that in the former year the total number was 17,412,
exclusive of the pauper lunatics in the union workhouses.
There-were 4,430 in private asylums, of whom 2,336 were
males and 2,099 females. In the county and borough asy-
lums there were 12,982. In 1857 the total number had
increased to 22,310. and of these, there were in private asy-
lums 4,732, being. 2,502 males and 2,230 females. There
was a great increase in this period of five years—an increase
of more than 5,000. This increase, however, was in the
county and borough asylums ; the increase in private asy-
lums was hardly perceptible. Ho believed that increase was
owing partly to the legislation by which so mush better pro-
vision was made for the pauper lunatics and those in public
asylums, the result being that greater care was taken of them,
and their lives were prolonged. The most important distinc-
tion, however, was between' the curable and the incurable.
There were, out of 21,311 patients in 1857, 0n1y3,327 curable,
And 17,984 stated to be incurable. Of those in private asylums
one-fdurth were curable, whilst in county and borough asy-
lums there were but one-tenth curable. This was a most
painful state of things. It was a serious thing to reflect that
we had now one in 836 of the population of unsound mind/
and that this proportion was increasing at a great rate. He
had given notice of two bills on the subject, which he pro-
posed to read for the first time that night. One of them re-
lated to county and borough asylums, and the other to
private houses. He proposed now, with an alteration of the
terms of the reference to this committee to accede to its ap-
pointment, and lay the two bills before it, in order that the
committee might have something practical and tangible to
deal with. It had been said that there ought to be public
asylums for all classes of patients, that they should be
registered, and not confined without a public inquiry. But
if that were attempted, great evils would inevitably follow.
Many of those afflicted with this painful malady would, in
order to avoid this publicity, be cent to some private recep-
tion houses, where there would be no superintendence over
them.' It should be considered that this distressing malady
was often caused by accidental circumstances. It was very
often not hereditary in its character, and did not recur when
once it had been cured. Suppose the case of a person in
business, who had been thus afflicted in consequence of
great mental anxiety or exertion, or of some physical
ailment ; he might be cured within a few months, and the
world need not know that he had been so afflicted ; but if a
public inquiry were to take place, the patient would be
looked at with suspicion and uneasiness when he went back
to his home and business, and the consciousness of this
would tend to prevent his cure. The objects now to be
aimed at by legislation were these. Firstly, there should
be a proper guarantee, previous to the confinement of any
person, that this did not take place without due cause ;
secondly, the houses of reception should be suitable for their
accommodation; thirdly, they should not be confined there
longer than was necessary ; and fourthly, their treatment,
whether curable or incurable, should be the best that could
be obtained. The bill which he proposed, with regard to
private asylums, would have these four objects in view. In
the first instance, he proposed that no person should be put
in confinement without a notice being sent to the commis-
sioners within twenty-four hours. The justices of each
county should appoint medical examiners in particular dis-
tricts, and when the commissioners received notice of any
person having been put under constraint or in confinement,
they would send down to the medical examiners to visit the
person, and inquire into the case. The commissioners
should have power thereupon to report to the justices of the
county, and call on the proprietor or superintendent of the
house to give further explanations. With regard to the house
itself, the plans and estimates for it were to be laid before
the commissioners who might report upon them to the ma •
gistrates, so that central superintendence and scientific
knowledge would be combined with local experience. He
was bound to say that the condition of private asylums was
not always satisfactory, and the accommodation provided in
them was incommensurate with the payment required. He
proposed that in addition to the four regular inspections now
made each year, the commissioners should, either by them-
selves or by some authorised person; pay three visits to the
house, and that they should have power to call on the pro-
prietors of the house to show their accounts for each patient,
proving that the allowance was properly applied for his
benefit. With regard to the fourth point, some provisions
were necessary to secure that the patients who recovered
should not be confined a day beyond the time when they
ought to be discharged. He proposed that in every instance
a commissioner should go and visit the patient within three
months of the time when he was placed in confinement, and
report " specifically upon the progress of his case. The
keeper of one asylum should not be allowed to certify that a
person was of unsound mind in order that the person might
be transferred, with that certificate, to another house of con-
finement. It was, moreover, provided that notice of the pa-
tient's recovery should be immediately sent not only to the
friends, but to the commissioners, in order that they might
take action upon it. He hoped that these provisions would
surround the unfortunate persons thus afflicted with every
check and guarantee that could he provided. Power would
also be vested in the commissioners to allow patients to be
out upon trial, in some cases with a view to ascertain
whether their restoration to liberty, under proper restrictions,
would be salutary. He now proposed, as an amendment on
the hon. member's motion, that a select committee should
be appointed to inquire into the operation of the acts of par-
liament for the regulation of the care and treatment of
lunatics, and their recovery. He intended to refer the two
bills to this committee, and the Solicitor-General had an-
other bill in preparation relating to those found of unsound
mind by inquisition. If the result of this inquiry were to
improve the condition of those afflicted people, he should
be highly gratified. (Cheers.)
After a few words from Mr. DRUMMOND,
Mr. TITE agreed to accept the amendment of the govern-
ment for the 'apointment of the select committee in the
terms suggested.
Mr. PACKE expressed his opinion that the deliberations
of the select committee should also be extended to criminal
lunatics who were confined in the public asylums.
After a few words from Sir G. GREY, expressive of his
approval of the course suggested,
Mr. TITE withdrew his motion, and a committee was
appointed in accordanCe with the suggestion of Mr. Wal-
pole.

a bill ; at a later period they drew that bill in a proper form,
and requested me to undertake the introduction of it into
Parliament. As I have the honour of representing the City
of London—a great body of traders—l thought I could riot
decline that task, and accordingly, last year—but at a period

when the matter could not be sufficiently considered—l in-
troduced the bill which they had placed in my hands, and
the provisions of which met with my full approval. (Hear,
hear.) in again bringing forward this subject I think it is
necessary, as the matter will, I trust, receive full considera-
tion in the course of the present year, whether by this house
or by the GovernMent,. to state both what is the
law which the bill affects, and what are the changes
which it proposes to introduce. The question of debt is
one which, of course, has received the attention of the

Legislatures of_all countries. The law of England, as

stated by Sir W. Blackstone, gives no less than five diffe-
rent writs or remedies for a creditor against his debtor.
Some of these writs affect the person, ethers the chattels,
others the land of the debtor, and some touch all these
different objects. It seems, whatever these provisions may
be, whether merciful or harsh, that there can be nothing
'more just, nothing more due by society towards its meth-
hers, -than to :give a remedy for those to whom any property
is owing by others. But when the Legislature of England
began to consider the relations of traders to their creditors,
there arose other questions upon which our bankruptey
laws are founded. There was not merely the question of '
whether a debtor was able to pay his creditors, whether be
might at any future time have property sufficient for that
purpose, but there were other questions :relating to his
future course and position.. On the one hand it was found
that traders, by collusion, by fraud, by combination with
certain of their creditors, concealed or did away with their
property, thereby injuring the great body of their credi
tors; and it was discovered, on the other, that the trader
who by unavoidable misfortune was unable to satisfy the
.claims of his creditors, remaining -liable to their debts
during the whole of the rest of his life; was unable ever to
regain his position and to carry on his trade in a creditable
and industrious manner as he might- otherwise have done.
The Roman law had provided for such cases. In a similar
spirit laws passed in the reign of Henry VIII., in the
reign of Elizabeth,- and in the reign of James I. iffovidjod
for the same class of cases. The mode of providing f r
them was in principle that after a certain period, eitl4r
by the act of the creditors demanding payment, arid
thereby forcing the debtor into bankruptcy, or, by the
act of the debtor himself, placing himself in !a
position :of bankruptcy, all his property was at once
given over to certain persons—call them as you please—
and that those 'persons assumed from that tine
the power of distributing his effects among the credi-
tors. But then, when that operation was performed, wh 4
the whole property had been fairly distributed, there c e
the second part of the process in favour of the'debtor.
_.
it was found that the debtor was not guilty of fraud, if his
debts were owing to unavoidable" misfortunes, if he had
made a clean breast in regard to all his affairs,:and stated
unreservedly the, entire amount of his property and his ob-
ligations, the law then stepped in to declare that he was free
from debts which he had incurred previous to his bank-
ruptcy. Although he might have paid only 10S., only ss,
or even only 2s. in the pound; the law declared he was there-
after free, able to undertake any other matter of trade or of
commerce, and could not be liable for the debts which he
hadyormerly contracted. This provisionis, I believe, greatly
to the benefit of commerce, greatly to the benefit of the cre-
ditor, greatly also to the advantage of the honest debtor,
and tends very much to the promotion of the best interests
of society. The mode in which the law in this respect was
carried out may bp described in a few words. When either
the creditors-or the debtor wished to constitute an act of
bankruptcy, application was made to the Lord Chancellor,
who issued a commission to certain commissioners. These
commissioners appointed an assignee or trustee,in whom
the whole of the property was vested, and who made, after
full inquiry, a distribution of the effects of the debtor, and
granted a certificate, by which the bankrupt was set free,
whether from imprisonment or from the liability to impri:-
sonment, and thereby enabled to regain his former position.
The laws which were made in the reigns I have mentioned,
afterwards altered by an Act of G&rge IL, continued in
operation till the time of Lord Chancellor Brougham. Their
defects were brought under the notice of that eminent man.
The chief defect was that the commissioners appointed in
the way-I have deScribed were not a fixed Court ; were not
persons by whom the whole of so difficult a branch of law
could safely be administered. They consisted of some 70 gent
tlemen, who were paid at first at the rate of 20s. a-day while
employed in the duties of their office, but afterwards by fixed
salaries, though very small ones. Many of them were persons
just come to the bar, who had very little experience, and the
whole of whose proceedings, therefore, were irregular and
unsatisfactory. Lord Chancellor Brougham, with that
spirit for the improvement of the law for which he will ever
be memorable, and which has placed his name with those
of Romilly and Mackintosh among the great legal reformers
of our country, constituted by act a Court of Bankruptcy,
and prescribed its mode of proceeding. In 1849 a general
act was passed with respect to bankruptcy. But this law
occasioned very great complaints, and in 1852, I think, a
commission was appointed, which made its report in 1853.
That commission, of which the present Home Secretary was
a distinguished member, made a most elaborate report
pointing out the defects of the law, and offering many sug-
gestions of the highest value and importance, with a view
to its amendment. Many of these suggestions may have
been introduced into bills, but I do not think that the
greater part of them have yet been productive of the benefit
they might effect. They are most of them contained in the
bill which I hope to have the honour to introduce to-night ;
and they will, I trust, if Parliament agrees to the measure,
make a very great amendment in the law. (Hear.) I will
now state what are the general complaints respecting the
present state of the bankruptcy law. The first complaint is
the very great expense of the court. The matter is gone
into in great detail by the commissioners to whom I have
referred. I have stated that under the law before it was
amended there were very great defects, very irregular,
modes of proceeding, and abuses, which were inseparable
from the then state of the law; but the number of officers,
and the delay and difficulty in the mode of proceeding have
been such as greatly to destroy the remedy which the
Legislature meant to give. The house, no doubt, will
agree with me in the statement I have made as to the prin-
ciple of these laws—namely, that the object is to obtain as
quickly and as cheaply as possible a full explanation and
revelation of the affairs of a bankrupt, and, having ascer-
tained what is the amount of property he possesses, to
divide that property among his creditors. That has been
done in such a way under the existing state of the law that
on an average no less than 30 per cent., and sometimes
much more, are consumed in the expenses of the court.
Therefore for every £lOO of, actual assets that may come
into the possession of the assignee, the creditors receive no
more than £7O net for the payment of their debts. I have
here a statement which I copied from one of the tables given
in the appendix of the report of the commissioners ; it is the
statement of Mr. Edwards, official assignee, with respect to
a certain sum that came into his possession in 1847. The
net amount of the assets was £23,029. On that amount
the Court fees were 9 per cent. ; the broker's and auc-
tioneer's charge was 5/ per cent. ; the messenger's, 51 per
cent. ; the official assignee's, 51 per cent. ; but the great
charge of all was the solicitor's for law costs, which
amounted to 16} per cent., making altogether, without the
solicitor's charge, 261 per cent., and with the solicitor's
charge, 43 per cent. of the amount of the assets. (Hear.)
I find that the same assignee gives the amount divided in a
period of six years, and the percentage for those six years
is 331 on the amount. (Hear.) Now, when we are told that
in Scotland all this business is done, and done effectually to
the satisfaction of the people and to the satisfaction of those
engaged in trade in that commercial country at no more
than 12 per cent., I think the house will agree that the
present state of the law here is capable of amendment. I
will now explain the mode in which we propose to amend
that part of the law. In the first place, we do away with
the absolute necessity of resorting to the official assignee.
In the former state of the law, to which I have adverted,
the creditors on their meeting appointed their own assignee.
The persons engaged in trade in this country are of opinion
that the appointment of an official assignee, however
much that might give regularity to the proceedings, is
a cause of very great expense, and that the official as-
signee, as might be expected, is hardly so diligent and
so rapid in his operations as the persons appointed by the
creditors themselves. We propose, therefore, in the first
instance, that the creditors should place the whole of the
sum belonging to the bankrupt in the hands either of the
official assignee, or of an assignee chosen by themselves.
At all events, supposing that they place in the hands of the
official assignee the whole-of the proceeds in the first in-
stance, they would afterwards have full power to name an
assignee of their own, and thereby be enabled to get rid of
the delay and expense of the official assignee. I have, how-
ever, alluded to other officers, whose expense is very great,
and who, at every step of these proceedings, diminish the
estate of the bankrupt. I have mentioned the broker and
messenger. It is thought that the broker and messenger
might be entirely dispensed with, and that the assignee'
might employ persons to have the custody of the property,
which is all that is required in these cases. Besides this, it
is proposed, with respect to some of the expenses I have
mentioned, which consist of compensation—of payments,
not for duties now performed, but .for duties which were
performed a long time ago by other persons then having
offices in the Court, that some part of those expenses should
be placed on the Consolidated fund. It is thought—and I
think reasonably—that, while other courts in this country
which administer justice are placed on the Consolidated
Fund, the court which is to administer judicially with re-
spect to the affairs of a bankrupt—not commercially, but
judicially—should also be maintained at the public charge.
(hear.) I come next to the distinction, which has existed
from the earliest Of the acts I' have mentioned, between