The Sun.
London, England, 1861-02-19 00:00:00

BARRACK MASTERS.

Colonel DUNNE asked the Under Secretary of State
Tor War whether the Government had lately come to a
decision on the subject of retiring allowances to barrack-
masters, as promised last session ?
Mr. BARING said that two years ago the Government
pledged themselves to consider this question relative to
barrack masters, and certain alterations were made respect-
ing them. However, the question of retiring allowance
was not separately inquired into, but the committee sug-
gested that retiring barrack masters should receive corn•
missions.
MARKETS AND FAIRS, &c. (IRELAND).

Mr. BRADY asked the Chief Secretary for Ireland if he
intended pressing for a second reading of the Markets and
Fairs (Ireland) Bill, and the Births, Deaths, and Marriages
(Ireland) Bill, on the 21st inst. ?

Mr. CARD WELL said ho was ready to adopt any
course that might be convenient to Irish members as re-
spected tho day on which ho would bring this bill forward.

BELLIGERENT RIGHTS AT SEA.

Mr. lIORSFALL asked the Secretary of State for
Foreign Affairs, whether any steps had been taken by her
niiesty's Government with the view of carrying out the
recommendations of the Shipping Committee of last year,
on the subject of belligerent rights at sea ?
Lord J. RUSSELL, who was imperfectly heard, was
understood to say that it had not been advisable to adopt
the recommendation of the committee in question. When
the matter was under discussion the American Govern-
rnent had been•covernunicated with by the Government of
this country. However, the negociations were not satis.
factorily terminated, and the American Government re-
quested that this subject would be suspended for the pre-
eent. The noble lord said there were difficulties which
could not be surmounted in carrying out the recommenda-
tions of the committee, and was, proceeding to enter upon
some explanations, when
Air. BRIGHT rose to order. He did not consider it
into
was competent for the noble lord to enter an explana-
tion in answer to a question, when an opportunity would
not be afforded to hon. members who might differ from the
noble lord of stating their views in reply to his statements.
The SPEAKER saiditwas usual toallowgreatei latitude

to a Minister of the Crown than to a private member.
(Bear, hear.)
Lord J. RUSSELL said that the committee h: d made

their recommendation in very positive terms, an 1 the ex-
planation which he had been about to make t the house
when he was interrupted by the hon. member n r Birming-
ham would show the reasons which Induced the
Government to refuse the suggestions of the com-
mittee in reference to this subject. They considered that
this was a question which affected the whole maritime
power of this country, and he thought that no Minister of
the Crown ought to take any steps in respect to it without
the gravest consideration. (Hear, hear.)
POST-OFFICE SAVINGS BANKS BILL.
The second reading of this bill was postponed.

BANKRUPTCY AND&c.) INBILL.SOLVENCY (SALARIES,
After a short discussion the bill went through com-
mittee.

BANKRUPTCY AND INSOLVENCY BILL.
The house went into committee on this bill.
Clauses 1,2, 3,4, and 5 were agreed to, with some
modification.

On clause 6, which gives jurisdiction to county court
judges in reference to bankruptcy and insolvency,
Mr. BOLT strongly objected to the clause, and moved
its omission.

After a short discussion, the clause, with some amend-
ment, was agreed to.
Clause 7 was also agreed to.
Mr. A. SMITH moved the omission of clause 8, which
gave Government power to create county courts at dis-
cretion.

Mr. WALPOLE did not intend to oppose the clause, bu'
expressed strong apprehension as to the effect of the intro-
duction of clauses giving jurisdiction to County Court
judges in bankruptcy. The County Courts and the Bank-
ruptcy Courts were essentially distinct. In the first the
litigation went rapidly, and in the latter the administration
was necessarily slow. He therefore feared that the combi-
nation of the two judicatures would be injurious to the
courts and detrimental to the public interests.
Sir H. WILLOUGHBY said the country was charged
with a sum amounting to nearly £600,000 for the payment
of its judges, and contended that upon constitutional as
well as economic grounds it was expedient that a limit
should be fixed to the power of increasing them under the
operation of the clause.
The ATTORNEY-GENERAL maintained that a Go-
vernment had two important duties to discharge,—the one
being the protection of those whose interests were committed
to its keeping from external violence; the other their pre-
servation as far as possible from internal injustice and wrong.
The former duty the House of Commons always performed
in a liberal spirit ; the latter, he regretted to say, was by
some hon. gentlemen dealt with after a somewhat niggardly
fashion. (A laugh.) In that circumstance lay the great
difficulty of making provision for such cases as those to
which the clause applied ; but he could assure the commit-
tee that they need not be under any apprehension that the
prerogative of the Crown could be unduly exercised under its
operation by the appointment of new County Court judges,
inasmuch as it would be necessary to come to Parliament
for the purpose of obtaining a vote for the payment of
their salaries, and a sufficient check upon their creation
would thus be established. He might add that the adminis-
tration under the Bankruptcy Court in the provinces was
frequently not at all satisfactory, owing to the fact that
there were large districts throughout the country—some
60 or 70 miles in extent—and embracing a considerable
number of populous manufacturing towns, in which
the present machinery of the court was not ade-
quate to the due performance of its functions, and he
had, therefore, deemed it right to take the power to create
additional courts in those localities.
Mr. E. JAMES was disposed to look upon the clause as
placing too great a power in the hands of the Crown, while
he very much doubted whether the authority to turn loose
upon the country some 20 or 30 County Court judges would
be regarded by the public at large as promoting that internal
protection which the Attorney-General had very properly
stated it to be the duty of a Government to afford. (A
laugh.) If it were found that additional judges were re-
quired under the operation of the bill it would be very easy
at any time to apply to Parliament to effect that object—a
course, in his opinion, far preferable to enabling the Lord
Chancellor, as the clause proposed to do, to create those
functionaries ad libitum.
Sir F. GOLDSMID was of opinion that if the committee
were to pass the clause as it stood they would be as it were
recognising the probability of new judges being created by
the Crown, and would thus be incurring to some extent a
moral obligation to grant their salaries when applied for.
Under those circumstances it would be perhaps advisable
that a limit should be placed to the number of such appoint-
ments.

Mr. M. SMITH said that if power were given to the
Crown in the present bill to appoint additional judges, and
an application should afterwards be made to Parliament for
salaries, Parliament would in that case find itself clogged
by the action previously taken by the Crown under the
authority of a public act. It would be under the necessity
either of quarrelling with the cpp'Antmcnt of the crown, or
of granting the salaries as a matter of course. Another
reason for opposing the clause was that the jurisdiction
would be much better exercised by district commissioners
than by County Court judges.
The ATTORNEY-GENERAL explained the course
.which would be pursued under the clause. When her Ma-
jesty should be of opinion that there was a necessity for a
new district, the scheme would in the first instance be sub-
mitted to Parliament for its consideration, and if approved,
would then be promulgated. Parliament, therefore,
would not be surprised into any vote, nor would any ap-
pointment be made without its knowledge and sanction.
Mr. SMITH asked whether the hon. and learned gentle-
man would have any objection to introduce words to that
effect into the clause at a future stage ?
The ATTORNEY-GENERAL replied that the scheme
for a new district must necessarily be submitted to Parlia-
ment before promulgation; but he had no objection to insert
words to that effect.
The clause was then agreed to.
Clauses 9 and 10 were agreed to without discussion.
On clause 11, relating to officers of the court,
Mr. N EWDE G AT E asked the Attorney-General whether
the salaries of the officers of County Courts were to be in-
creased in proportion to the expected increase of their duties,
and whether the salaries of the judges themselves were not
to be dealt with in a similar manner ?
it he ATTORNEY-GENERAL said the officers of the
County Courts were remunerated by fees, and the addi-
tional business would, of course, give them additional re-
muneration. He did not propose to augment the salaries
of the County Court judges.
Mr. NEWDEGATE could not see why, if they could
command the fees in the case of the registrars, they should
not also be able to give a just increase of salary to the
judges with an increase of business.
The clause was then agreed to.
Clause 12 was agreed to.
Clauses 13 and 14 were postponed.
On clause 15 being proposed,
Mr. MURRAY expressed a hope that the official assig-
nee, as registrar, should not combine the offices named in
the 20th clause in connection with that now under conside-
ration, otherwise there would be no audit in the district.
The ATTORNEY-GENERAL admitted that it would
be the most unreasonable thing in the world to allow the
registrar of a County Court acting as official assignee to
send in his bill of costs and charges.
'lke clause was then agreed to.
Clauses 16, 17, and 1S were agreed to.
On clause 19,
Mr. MURRAY complained that in some local districts
fees of the most exorbitant kind were charged. It would
be a great advantage if arrangements were made by which
one taxing master were appointed, all business being trans-
ferred to London, so that a uniform system might be
adopted.
The ATTORNEY-GENERAL thought the suggestion
a valuable one; the only difficulty was as to the arrange •
ment of machinery to give it effect with economy and de-
spatch. If the hon. member would embody his views in a
clause it might be considered on bringing up the report.
The clause was ordered to stand part of the bill.
Clause 20 was agreed to.
On clause 21, reducing the number of official assignees,
Mr. M. SMITH suggested that the clause should be
postponed, as it entirely dependedon the clauses relating to
the creditors'
assignees, which would require a good deal of
consideration. The mercantile community were expecting
a little too much if they
expected that there could be any
very inexpensive collection of a bankrupt's assets. The
bankrupt himself generally got in all the assets which were
easy of collection, and left the rest to be got in by the as-
signees.

Mr. MELLOR saw no object that was to be gained by
delaying this clause, which was perhaps more strongly de-
manded by the commercial community than any other por-
tion of the measure. Mercantile men professed their readi-
ness to undertake the duties of creditors' assignees.
Mr. ROEBUCK said they were told there was a cry
among the mercantile public for divesting official assignees
of their pre/eat functions. He had learnt that cries were
often very senseless things, and he thought the present one
would prove one of the most senseless. When official as-
signees had been got rid of he believed it would be found
that inefficient and useless persons had taken their place,
who would charge dearly for services that were ill-performed,
and that then there would be a cry to have the official as-
signees restored.
Mr. MALINS supported the recommendation that this
clause should be postponed. The objections he had previ-
ously expressed to this part of the bill had been in no de-
gree mitigated. Official assignees had no doubt been paid
too highly in the case of large estates, but that was not
sufficient reason for abolishing them. It was desirable, in
the collection of assets, that there should be a public officer
into whose hands they should all go.
Mr. MURRAY thought the time had arrived when offi-
cial assignees should be reduced both in number and in
fees ; and he hoped the clause would be at once proceeded
with.

The ATTORNEY-GENERAL could not consent to
Postpone the clause. (Hear.) No doubt it was the duty of
thathouse to consider whether any particular "cry" had a
foundation before they yielded to it, In this cue tilt genera