The Sun.
London, England, 1861-05-04 00:00:00

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resition of the official and creditors' aseig:nees, and the com-
plication that must ensue, and which will render the bill
unworkable, in consequence of part of the debts of the same
estate being collected by one and part by the other assignee.
There are again the
provisions with regard to non-traders,
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which will require most careful consideration, even if your
lordships sanction, which I think you ought to do, the
principle of bringing non-traders under the law of bank-
ruptcy. There is one point upon which lam satisfied your
• lordships will feel absolutely compelled to make some
changes whether the bill is considered in a select committee
or in a committee of the whole house, namely, that part of
it which applies retrospectively to non-traders. I am ea-
fleshed that your lordships will never consent by an ex post
facto enactment to subject parties who have contraeted
liabilities under a different system to penal consequences
of the severest character. The noble and learned lord
stated on a former occasion that when he himself moved
to refer a bill of a similar character to a select committee
it had act then passed through the House of Commons.
My lords, one of the strongest arguments I have for refer-
ring this bill to a select committee is the very fact that it
has passed through the other house. If it had to go down
to the House of Commons, where any errors that we might
commit would be revised, there would be less reason for re-
ferring it to a select committee. But though this bill was
subjected to lengthy and protracted discussi-ns, it was after
all in its later stages somewhat hurried through the other
house ; and I will venture to say that in its present form it
has never been seen by the House of Commons. It was
never reprinted till atter its recommitment, and then by the
orders and rules of the House of Commons it would have
been impossible to m :lee any alterations in it. I wilt ve.n-
tare to give you one instance of the incorrectness with
which this bill has leen sent up to us ; and I perceive from
one of his notices of amendments that the noble and learned
lord is aware of the error. There are eight acts of bank-
ruptcy to be applicable to traders, and it was intended for
those eight to substitute three or four others in the case
of non-traders ; but as the bill stands, the whole have been
made applicable to non-traelers ; so that they have really
been made subject to eleven acts of bankrupt.ey, whereas
it was only intended that they should be subject to three.
(Hear, hear.) The object of the select committee will be to
send down a bill tha will render unnecessary those per-
petual amending actst which result from hasty legislation ;
and that will form a fitting preparation for that which I
suppose must follow—though the Attorney-General has
done quite right in postponing it for the present—namely,
a future act for consolidating the whole law of bankruptcy.
It is only because I believe that this bill can be best dis-
cussed and most calmly considered in a select committee,
that I venture to move the amendment which I am glad
to find does not meet with any opposition from her Ma-
jesty's Government.
Earl GRANVILLE—The reason the Government con-
sented to the bill being referred to a select committee was,
that some of his noble friends not now present were of
opinion that the measure could be best considered in a
select committee. At the same time he must say he thought
their lordships were as able to discuss it in the whole
house, as in a select committee. Nothing could be fairer
than the course the noble earl opposite had pursued with
respect to this bill.
The bill was then referred to a select committee.
THE lONIAN ISLANDS.
In reply to the Earl of CARNARVON,
Earl GRANVILLE said the Government had received
no intelligence from air H. Storks relative to the proclama-
tion of martial law in the islands.
Their lordships then adjourned.