The Sun.
London, England, 1857-07-24 00:00:00

blive, would come under the operation of the bankruptcy
law, to bo adminietered under that law, and had CAD-

plained that under the present system a right of appeal
was given from the commissioner before whom a came
bad been beard, and who, having seen both the bank-
rupt and the witnesses, was likely to be the best judge
as to whether a certificate ought or ought not to be
granted, to the Lord Justices of Appeal, who would be
in posses ion of no such advantages. The committee
had therefore suggested that an intermediate court of
appeal should be constituted which should consist of the
commissioner before whom the case bad been tried and
two of his fellow commissioners. He might add that

another great objection which had been urged against
the law as it stood was that it made no distinction
between traders and non-traders—an objection in the
justice of which, however (the noble and learned
lord was understood to say), he could not alto-
gether concur. A very general feeling against a
resort to imprisonment in the case of a bankrupt bad
also found expression in the committee, and he himself
was of opinion that, except in cases of absolute nece-sity,
it was not desirable that such punishment should be in-
flicted. He bad, he believed, submitted to their lord-
ships' notice some of the chief defects which existed in
the present law, and in the hope that the bill which he
was about to lay before them would in some degree ob-
viate those defects he should conclude by moving that it
be read a first time. (Hear )
The LORD CHANCELLOR said it would appear
from the statement which had just been made by his
noble and learned friend that the attempts to amend
the bankrupt laws from 1831 up to the present mo-
ment bad been productive of no very beneficial re-
sult. Before 1831 the administration of the estate of
a bankrupt had in reality been a mat'.er of private
arrangement, inasmuch as in the country districts the
parties concerned bad the power to name their own
commissioners. The result of that system, however,
had been found to be extremely unsatisfactory,
and his noble and learned friend had in consequence in-
terposed and created a new machinery, which he (the
Lord Chancellor) could not help thinking experience bad
shown to be far too comprehensive for the duties which
it was meant to discharge, and which had consisted of a
certain number of commissioners and a Court of Review.
The Court of Review had very soon been dispensed with,
and its functions were now discharged by the Lords Jus-
tices of Appeal. In 1842 another change in the law bad
been made, and commissioners for the principal towns
throughout the country had been appointed to a ge ater
extent than he deemed to be necessary. The consequence
had been that he had two or three years ago obtained the
assent of the Legislature to a measure providing that in
case any of the country commissioners should from any
cause cease to hold office it should not be incumbent upon
the Crown to supply their places until their numbers
should be reduced to that point which might be consi-
dered adequate to the proper discharge of the duties
which they bad to perform. The bankruptcy law had in-
deed several additions made to it since 1842—as, for in-
stance, by the passing of the bill commonly called Lord
Dalhousie's Act, the Winding-up Act, and the Bank-
ruptcy Consolidation Act; but notwithstanding all those
enactments, the law, according to the statement of his
noble and learned friend, still continued to remain in a
most unsatisfactory position. One of the main objections
which was urged against it was the amount of expense
which it entailed, and he was not prepared to contend
that some mode of obviating to a slight extent that ob-
jection might not upon investigation he discovered. He
had, for instance, ascertained during the present session,
from returns for which he had moved, but which had not
as yet been printed, that those officers of the Court of
Bankruptcy who were known as "messengers," and in
whore considerable trust was reposed with reference as
the estate of a bankrupt, received in the shape of emolu-
ments a sum amounting to 1 6001. or 1,7001. per annum, or
nearly one and a half the annual salary of a county mart
judge. Now, it was in his power to eff-ct a dimi-
nution of the emoluments of those messengers, and be
was in communication with the Lords Justices upon the
subject, hut he could not at the same time hold out the
hope that any reduction which might in that respect be
made would tend materially to diminish the expenses
consequent upon a proceeding in Bankruptcy Courts, er
in any very appreciable degree lessen the difference be-
tween the sum realised and that which was distributed.
His noble and learned friend had also adverted to the
mode in which their ditties were discharged by the bank-
ruptcy commissioners in the country towns, but upon
that point he should observe that his attention bad been
called only in one instance to any negligence upon their
part, and that in that. case ho had taken steps to remedy
the inconvenience which bad been occasioned. He
might add that he had never heard any complaints made
of the mode in which the business of their courts was
transacted by the commissioners in London, but he must
also observe that the whole metropolitan establishment
was, in his opinion, much larger than was necessary
With regard to the question of the residence of the com-
missioners, there was no doubt that they ought to reside
at such a distance from the scene of their judicial duties
as to enable them at a short notice to be present and
perform their duties ; but even if he bad the power it
would not be in accordance with ordinary usage to corn-
pel the comrnissinnees in such towns as Manchester,
Liverpool, Leeds, and Thrmingharn, to reside within
those towns. The whole subject was oae which had been
underthe consideration of the Government, and he woul I
give his most careful attention to the bill of his noble
and learned friend. He could not be expected at pre-
sent to do more than to give that assurance, but he
trusted that it would not be impossible to devise some
scheme to make the proceedings in bankruptcy less dile-
tory and expensive than they at present were. The object
of the Court of Bankruptcy was to realise the assets, and
to distribute them in the shortest, and simplest, ar:d
fairest manner, and no doubt that object could be at-
tained better than it was at present. His noble and
learned friend had made some observations on the sub-
ject of appeal, in which he could not co-cur. He, as one
of the lords justices, had had an opportunity of witness-
ing the effect of the appeal which at present existed, and
he sheuld be sorry to see it abolished. He must also in-
form his noble friend that he was mistaken in supposing
that the lords justices had no power to examine wit-
nesses, because not only had they such a power but they
frequently exercised it, an-I be certainly should be sorry
to see the establishment of a system by which the refusal
of a certificate, a calamity so serious to a commercial
man, was made to depend absolutely upon the judgment
of one commissioner, without any appeal to a superior
tribunal. He would not further detain their lordships,
but would only repeat that he would give his best atten-
tion to the bill of his noble and learned friend, and en-
deavour to cull from it all that might tend to improve
the unsatisfactory state of the bankrupt law.
Lord BROLTGHA\I, in a few words of explanation,
pointed out the greatadvantsges which had resulted from
the act of 1831. So unsatisfactory was the state of the
law at that time that the only wonder was that seine
change had not been made in it before that period, and
Lord Eldon, than whom no man had been slo ver to en-
courage rash alterations in the law, had agreed th it
some alteration was not only necessary but in fact an-
possible to be avoided. What were the immediate
eff -cts of the change then made ? Why, property to
the extent of nearly 3,000,000/. was distributed within
a few m inths which ought to have been distributed
years before. It hart been admitted by one bank that
it realized 5,0001. or 6,000/. a-year from the money left
in it by assignees in bankruptcy, whereat after the A 3
of 1831 such a thing became an impossibility. That
Act, however, althnueh a great improvement upon the
old system, was itself capable of amendment, and it was
with the view of amending it that be asked their lord-
ships to give a first reading to the Bi:1 which he had
the honour of laying on their lordships' table,
Toe Bill was real a first time.
Several Bills were brought up from the House of
Commons, and read a first time.
The .use adjourned shortly after half-past 6 o'clock.

HOUSE OF COMMONS.—(YzmuDA.y.)
The SPEAKER took the chair at 12 o'clock.
PRIVATE BUSINESS.

'The Lords' Amendments to the Backwater Bridge
and R)ad Bt 1 and the Cork and Youghal Railway Bi t
were considered and agreed to.

The Hereford Cathedral It!storation Bill was read a
third time and paPsed.
ELECTION COMMITTEES.

The C.,nomitt,es appointed to try the validity of the
returns for Great Yarmou h and G 1 )ster (C,ty) w••re
sworn at the table of the house. Tne Couptuttees will
sit to-morrow morning (Friday) at eleven o'clock.
BATTERSEA. NEW BRIDGE.

Mr. FORSTER pre-Lenten a petition from the Vaux'lall
Bridge Company, and another from shareholders, praying
to be heard by connsel against the proposed bill for
al)olishinv, the toll on foot passengers using the Batter.
sea new bridge.

- MUSEUMS, &o.
Several petitions were pre4ented praying for the
opening of the Crystal Palace, the British Museum, and
other museums on Sunday.
SUPERANNUATION ACT AMENDMENT BILL.

Lord NA.A.S moved the second reading of this
Mr. WILSON said that he never rose with greater
reluctance to perform a great public duty in the house
than on Vale occa,ion, when, afzer five years close con-
nection with a body of men whose merits bad been
acknowledged by all, and the discharge of whose duties
bad been such as to secure for them not only the respect,
but the admiration of every one associated with them in
the public service, be was compelled to oppose the second
reading of the noble lord's bill, which, at first, eight, ap-
peared to be an enactment highly important and bene•
ficial to the public service. He acknowledged that the
course he was pursuing gave him great pain, but,
nevertheless, he should shrink from the important duty
he owed to the house if, in his official position, he were
not to take every care and trouble to bring the whole of
the facts that ho considered necessary before the house
for a perfect understanding of the question, in order
that whatever decision the house may arrive at
it may be done with a full knowledge of the
circumstances. The impressions under which this 'pee.
tion had arisen into one of great public importaece, and
had become what might be termed a great public grie-
vance, were, he believed to be traced in the first in-
stance to a belief that the contributions of the &ell ser-
vants
of Parliament towards the
siuerably larger than wa pensionslent w they
e ct w,'r
entitledof to the
ul
necessary to provide for that
fund, and that ind• treaty the State had already een'l and would in future make, ter • t ain deductions fr ni
these contributions. Wn.a
I contract entered into bei.svaeovuer t
hwas the nature of tho
civil
servants of the
Crown and the Crown itself, he was
P
if that charge was established, that itreve prepared o admit
g
on the part of the house to relinquish the cha e
as the rates were concerned sufficient only troe
P rso
° .fal e
r
for these pensioes. If, therefore, it could be shown that
the charges now made were tee high, be considered
that whatever were the terms of the act Gf 1831,