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

THE BANKRUPTCY BILL.

The LORD CHANCELLOR moved that the house go
into committee on this bill.

The Earl of DERBY—My lords, I was in hopes after the
intimation I had received—

The LORD CHANCELLOR—I quite understood that
the bill was to be referred to a select committee, and I made
the motion merely as a matter of form, in order to enable
the noble earl to move the amendment of which he had
given notice.

The Earl of DERBY—My lords, I was in hopes that
after some intimations that we had received, the noble and
learned lord would himself have moved to send this bill to
a select committee ; and that your' lordships would thus
have been spared the necessity of hearing a single word
from me in support of my amendment. As it is, the an-
nouncement which the noble lord has made will render it
quite needless for me to trespass on your patience for more
than a single moment. In the first place, I have to express
my entire satisfaction that the noble and learned lord has
taken notice of the language of some petitions which have
been presented to your lordships' house. A petition has
been presented by a noble baron opposite, and several others
couched in almost similar terms have come from persons of
the greatest eminence with regard to the bankruptcy law,
and are, therefore, entitled to some consideration. I have
no doubt that the general expression of opinion by numerous
bodies would materially facilitate the passing of a bill which
in its main features is generally approved of by the mercan-

attention
eenmtioosut
._ .._. _
forwh callingiwhich
w we are
itnildeepbutebdli et
aatthlea rngaeb.
le Banudt tl
ahaerni—Tdpoi ;ilia
rtdo
is that which refers to the propriety of these petitioners
suggesting that the bill should not be referred to a select
committee. Now, my lords, I venture to think that, how-
ever admirable judges the mercantle firms who have peti-
tioned the house may be with regard to the alteration that
ought to be made in the law of bankruptcy, your lordships
do not require any suggestion from any mercanlile body
with regard to the course which your deliberations should
take. The petition presented by my noble friend opposite
was sent to me this morning, accompanied by a letter, in
which I am informed by the secretary of the Mercantile Law
Amendment Society that they regret to learn that her Ma-
jesty's Government, unable to resist my powerful influence
—(laughter)—had consented to refer the bill to a select
committee. My lords, I must in the first place disclaim for
myself the honour of being supposed to possess a personal
influence capable of overbearing the determination of her
majesty's Government ; and I hope I may also, on the part
of her Majesty's Government, repudiate an insinuation so

injurious and offensive to them as that they, from a fear of
political defeat on a question which really after all involves
no eonsiderationA of party, should have given way, and
taken a course which is opposed to their own views and
judgment. Far be it from me to suppose the possibbileirsty
onfi
the Government ; for we all know that on
there being differences of opinion between the naessin
on alt
_
h.; watilitE, narmon3-.
Law
reluctantly a tmo
sgu x
ei v e
way to my influence I am sure
other questions, they are united in the seifercantile
(Loud laughter.) From what quarter
intimation that the
Amendment society has receivedvtehile
Government have been compelled cannot relsua
Majesty's Government
se her
that in adopting this course
of what is the best mode
have acted upon their
.03.7;10
rest with the very complicated
ldued:dymake two statements.
Committee would
clauses. The peti-
tioners
it would be impossible
contains 246
a ,ements. Ono
a the measure to a select
is that a referencE
detailsotifone rs dealing
ot
iofiytwhfcohiarseumtb: lelil,, pobNumvs hbvulei public
necessarily
bill in the course of the present session. This
shows great
to pass the
ignorance of the proceedings o
1 select committees, and holds out very me-
lancholy prospects to such of your lordships as may be
placed upon the committee now proposed to be appointed
(A laugh.) On the other hand, they express an apprehen
yarfoutircilrmltisriPs in
sion that if referred to a select committee the bill will re,.
ceive such important alterations that it will not be adopted
by her Majesty's Government or be acceptable to the pro-
fession at large. My lords, it is not very complimentary to
the distinguished lawyer who is the author of the bill to
suppose that the examination of the bill by 19 or 20 of your
lordships who are most competent to consider its details
would at once lead to a total and entire change in its pro-
visions. My sole object in moving for a select committee
is because I feel that a bill of such extent and oomplexity
will be far more satisfactorily, effectually, and speedily dealt
with by a committ'..,e composed of 18 or 20 members of your
lordships' house, who would give their undivided attention
to it, than by a committee of the whale house. The noble
and learned lord said the other evening that he should not
object to the reference to a select committee, if it was only a
mere question of detail; but that he should object to it if
the committee proposed to touch the great principles of the
bill. It is difficult to state exactly what is a principle an
what is a detail ; but there aro undoubtedly four or
deli
leading points which will require grave and impartial
_a
D.
beration. There is in the first place the very great
3aatinite
P°Nv
which is given to the county courts,
and
th-etpie MALIN
nailtiplicatiou et their fwactieue i then there -

•
position of the official and creditors' assignees, 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,
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
change, 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 sa-
tisfied that your lordships will never consent by an ex post
facto enactment to subject parties who have contracted
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 not 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
t- 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 after its recommitment, and then by the
orders and rules of the House of Commons it would have
been impossible to mike any alterations in it. I -will ven-
ture to give you one instance of the incorrectness with
which this bill has been sent up to us ; end 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-traders ;so that they have really
been made subject to eleven acts of bankruptcy, whereas
it was only intended that they should be subject to three.
(Hear, hear.) The object of the select committee will be to
send dew, a bill that will render unnecessary those per-
petual amending acts 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 piesent 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 Sir H. Storks relative to the proclama-
tion of martial law in the islands.
their lordships then adjourned.