The Sun.
London, England, 1861-07-27 00:00:00

0.•

BRITISH POSSESSIONS.

Paid.

Closing
I Price.

lusineee done

Railways. raid.l Closingr. Business
Share Done
50 Belfast and Ballymena all
13.14 fir., Wol , and Str. Val. all 884
stock Birk., La., and Ch June 100 81 85
25 Myth and Tyne all
10 Bost. Sleaf. and Mid.Co all 6 7
stock Bristol and Exeter 100 92 04
stock Caledonian lOO 995 100
10 Carmarthen & Cardigar all
50 Cork and Bandon all —--
20 Cork, 131rock.ot Passage all
20 Cornwall ... ..... , . all 5 6
10 Do A(A gets 1 all
10 Do B no div. --until 6pc reran. all
f !ashcan! d. toB
50 Dublin & Belfast Juno all 42 43
25 Dun., Perth, &Ab. Juno all 84 9
stock East Anglian lOO 175 Is
stock Eastern Counties lOO 49 50
stock Eastern Union, .A stock 100 39 41
stcos Do do Bdo 100 28 30
25 Do Nw A, late EU3ds. 13i
stock East Suffolk
stock Edinburgh & Glasgow 100 87 89
stock Edin. Perth, & Dundee 100 28 29
10 Forth & Clyde Junction all
stook Furness
stock Glasg. and S. Western 100 107 109
10 Great Nthn. of Scotland all 132 134
stock Great Northern lOO 104 169
stock Do do A stock
stock Do do B do
stock Gt. S. &W. of Ireland 100 104 106
stock Great Western
stock Do Str Val gua. stock 100 58 62
tt Trish South-eastern all
stock Lancashire & Yorkshire 100 1111 1111 1111 z s
stock London and Blackwall 100 100 117 119
50 62
stock Lou., Bright.. & S Coast
stock Lond., Chat, and Dover 100 46 18
stock Lond. & Nth. Western 100 931 931 931 1
stock Lond. & Sth. Western lOO 954 965
25 L'derry & Coleraine
25 L'derry & Enniskillen all 10 11
stock Man. Shet. & Lincoln lOO 46 47 40 I
50 Maryport and Carlisle all
125 Do do shares all
10 Metropolitan 7l 4 1. d
atock Midland
6.4.0. Do new. .... ..
stock Do firming. iDerby 100 95 97
50 Mid. Gt. W. of Ireland all
25 Do 4 shares r.ll
25 Mid Kent .h all
10 Do, Cray Line
100 Newcastle and Carlisle all
10 Newry & Armagh, def 9 8 6 d
20 Newry, Warnpt. & Ros all
stock Norfolk-.............. 100 57 F 9
stock North British . „ 100 621 631 624
stock Xor.Dev.Rail&Dk.stook 100
stock k stk ; A recs no d.
until 6pchas beenpd.B 100
stock Do B stock .. 100
stock Nth. Eastern—Berwick 100 1051 106} 1054 4 6
25 Dodo, G.N.E. purchase 16 13 4 4 1u
stock Do Leeds .............. 100 625 63 611 604
stock Do York
stock North London
10 Do new 5
19.164 North Staffordshire 175 44 44 1 A.X
10 N. and S. W. Junction all 10 101
stock Not. & Grantham Rail lOO 87 83 87
10 reebles all
20 Portsmouth
10 Rhymney
stock Scottish Central
stock Scot N. E., Aber. stock 100 35 36
stock Do Scot. Mid. stock lOO 88 90
stock Shropshire Union lOO • 46 48 46
10 Sittingbourne & Sheer. all
stock South Devon _ 100 39 41
25 S.-Durham & Lana. Un. 225
stock South Eastern
stock South Wales
stock S. York. and River Dun 100 95 97
20 Staines, Wok,. and Wok all 4 7
25 Stockton & Darlington all 39} 401
25 Do do l3 94 104 r,
25 Do New (1860) 3 51 61 p
stock Taff Vale „„ , 100
stock Do Pref. No 1 1 103
25 ThamesHavenDk&Rall 22
50 Ulster -• ' all 554 561
25 Do ......
12 10 Do•
stock Vale of Neath
10 Victoria Sta. and Pim all 111 114
stocg Waterford & Kilkenny 100
SO Waterford & Limerick all
20 West Cornwall
20 'West London all
10 Do let class all
20 Do 2d class .. . all
stock WestHartlepool Harbr
and Rail lOO -
stock West Midland—Oxford 100 46 48
stock Do. Newport 100 43 15
stock Do. Hereford 100 86 88

57 61
94 95

41 5 d

6 7
75 80
65 70
65 70
q 61

11 11 d
1 id

18 ]9}d
98f 99f

96 98
99 100
99 100
18 19
59 62
50 55
33 35
40 44
31 33
31 33
95 96
lid 1

951 i

92 91
10 fol
to iol
v 4 96
88 92

83 85
93 94
85 87

- -d

5 7

flOO
15
all
100

L Aii

.4 6

98 100
lid 1i i

90 92
fi Rd

WAYS.

all
all
13j
all
all

5i 6f
2 11,1'

103 14
--
3f 3i
21 24
22 23

7 8

18:8.
all
all
all
all
all

7; el
19 20
87 38

8i Si
38 39
53 55

6 si,i

a
8I Ai
2f 4.11
I pr,
22i 23f '
61 61
4'
19i 205

12 10
stock
10
stoc

3.2.101

1# ~~

stock
stock
stock

2.14.6
7.4.0

54f
17s
13.12.6
40
6.8.6
8.12
4.11.6
1.10.6

lb
1.11.0
9.18.9
If
10.6.7

4.18.6
all
118.18.9
261
44

13s 6d

r
150 170
355 865
85 90
231 241
31 41
12 11

2 36
4 I
4
11 2
34 36
1/ 26
4 I
43 45
46 5
34 4
36 4
66 76
8 9
33 36
300 310
26 3
110 120
31 34
11
5 56

17 # 18#
43 45
290 310
75 85
95 105
1/ 2
6 B
84 10i
13 14

SOCIETY.

THE SEJN,(FLONDON, SATURDAY EVENING; JULY 27. 1861.

CITY BETTING.—This Day.

THE GOODWOOD STAKES.
4to 1 agst Elcho (taken)
9to 2 agst Starke (take 5)
7to 1 agst Schism (taken)
9to 1 agst Canary (take 10)
12 to 1 agst Balham
12 to 1 agst Shipwreck
12 to 1 agst Brownie
25 to 1 agst Voltella (taken)
30 to 1 agst Umpire
40 to 1 agst Fisherman
40 to 1 agst Guilder
40 to 1 agst Calpe

THE GOODWOOD CUP.
4to 1 apt Optimist (offered)
4to 1 agst Mon Etoile (offered)
4to 1 agst Thormanby (offered)
9to 2 agst Wizard (5 to 1 taken freely)
12 to 1 agst Doefoot
10 to 1 agst Diophantus
15 to 1 agst Pretendant
'2O to 1 agst Royalieu
25 to 1 agst Lady Clifden (taken)

L 4 IV 124 TELLIGENCE.—( This Day.)

COURT OF CHANCERY.
(Before the Lords Justices.)
FOWLES V. THE NATIONAL GUARDIAN ASSURANCE

This was an appeal from a decision of Vice• Chancellor
Sir John Stuart in favour of the plaintiffs. The plaintiff
filed his bill for specific performance of guarantee of insur—
ance and transfer of a life policy of assurance to the
Manchester Commissioners of Assessed Taxes for the
faithful discharge of the duties of their late collector, Mr.
John Roberts, and to recover his defalcations in that
office.

Lord Justice Knight Bruce and Lord Justice Turner
were of opinion that the guarantee was void by the misre-
presentations and false answers made and returned to the
written inquiries and questions put relative to the duties of
the office of collector; and that the life policy was also
void, in respect that the premium was not regularly paid.

Their lordships reversed the decision of the Vice-Chan-
cellor, and dismissed the appeal and bill, without costs.

POLICE INTELLIGENCE.—(This Day.)

MARLBOROUGH-STREET.
ASSAULTS.—Two young men of respectable appearance,
George and Charles Crook, of 5, Carnaby-street, were
charged with committing unprovoked assaults on two
young men named George Bull and John Cordy, the for •
mer a varnish maker, of 15, Paris-street, Lambeth, and the
latter a greengrocer, of Ship-lane, Kennington.

The case having been proved against the defendant
Charles, he was fined 30s. or 14 days.
THE PESTS OF KENSINGTON-GARDEN'S AND THE
PARICS.—Thomas Saunders, a low-looking fellow, was
charged with disgraceful conduct in Xensington-gardens.
Mr. Tyrwhitt said he thought it a good opportunity of
letting such fellows know what the magistrates meant to do
in such cases. Heaven only knew on what principle these
fellows went to such places, but they did go there. He
should send the prisoner for six mouths--namely, three
months for each offence.

Many complaints are made of fellows of prisoner's descrip-
tion lurking in the parks.

THAMES.

THE SAILOR AND HIS NUGGET OF QOLD.—Mary Ann
Clark and Sarah Vickers, two women of the:town, and
dwelling in that very notorious place, Glasshouse-street,
Rosemary-lane, Whitechapel, where tailors have been
ci taken in and done for" many years, were brought before
Mr. Woolrych, charged with stealing a nugget of Austra-
lian gold, value £l4, from the person d a sailor named
John Welch.

It appeared that the sailor, who is dwElling at Green's
Sailors' Home, Poplar, had lately arrived, and he was met
by the prisoners who were on the look-out for homeward
bounders. The sailor, who admitted he vas three sheets
in the wind when he met " them ere ladies," treated
them with lots of grog, and at a late hour on the
previous night took him to a well-known don of infamy in
Glasshouse-street. He had money, and Vickers soon left
him. He turned into bed, and was soon fast asleep. On
awaking he found himself alone in a dark aad dirty room,
and missed his trousers. He found another pair had been
substituted for them. In the pocket of his own trousers
there was a nugget of gold wrapped up in a bit of rag and
some paper. It was in his pocket when be entered the
house. The sailor made a good deal of noise about the loss
of his nugget, and called upon the police to interfere. A
constable of the H division, named Billings, entered th•
house, and recovered the trousers, which were given to him
by the prisOner Clarke, who took them from under her
bed. The nugget was gone. From inquiries made by
Billings it appeared that the prisoners had paid a visit to a
Jew dealer in the neighbourhood, and it was supposed he
had bought the nugget, though on being questioned he
denied all knowledge of it.

In answer to questions by Mr. Woolrych, the sailor said
that Clarke came to his bedside and awoke him and told
him to turn out, because he had no money. He thenmisssd
his trousers and nugget.

Mr. Woolrych said the prisoner was a foolish fellow to
get into bad company with a nugget of gold in his posses-
sion. He remanded the prisoners for a week, and said he
would accept bail.

PRIVATE BUSINESS.

IMPERIAL PARLIAMENT.

HOUSE OF LORDS—YESTERDAY.
The LORD CHANCELLOR took his seat on the woolsack
at five o'clock.

Tho Duke of Sutherland's Estate, Kilkenny Junction
Railway, Eastern Counties Railway (Amendments), bills
were read a third time and passed.
BANKRUPTCY AND INSOLVENCY BILL.

The LORD CHANCELLOR presented a petition pray-
ing their lordships to pass the Bankruptcy Bill as it at pre-
sent stood.

with these trust deeds before the Court of Bankruptcy,
armed with the same powers, and entitled to the same ad
vantages, as might Formerly be obtained from the Court of
Chancery. The probable result of this would be that they
would have, in-read of a deserted court, a jurisdiction
crammed with business. Ile trusted ho had conveyed to
those of their lordships who had done him the honour to
listen to him the conviction that it would be the most fal-
lacious thing in the world to draw conclusions from the
limited area of the present court, and apply them to the ex-
tended area of the new jurisdiction. Their lordships had
been petitioned by a body of merchants, praying them to
adopt the suggestions of the committee. But he must ob-
serve that matters of the administration of justice belonged
not to merchants but to legislators. Their lordships would
not allow to merchants the same experience in this as they
would in commercial affairs. He had omitted one feature
of great importance. For a long time there had been no
greater reproach to the administration of justice than the
rules attending the discharge of bankrupts. During the last
few years instances of laxity of morality had been witnessed
which were a disgrace to the commercial community.
(Hear, hear.) Many of these delinquencies had been dis-
covered, but there was a differcnce in the views of the bank-
ruptcy courts as to the mode in which they should be dealt.
with. Some years ago this subject had been brought before
their lordships' consideration, and a system of certificates
had been established indicative of the degree of censure
which attached to the conduct of each particular bankrupt.
After they had laid down the rule it depended for its
utility entirely upon the way in which it was carried into
effect. It was of very little value what laws they laid
down, unless they provided also a corresponding machinery.
Indeed he might almost adopt the old lino, and say,

BUSINESS OF THE HOUSE.
The Earl of DERBY said he hoped their lordships would
give him their indulgence when he referred to the state of
the business of the house. Before Whitsuntide 68 bills were
introduced into the House of Commons, and since that time
80 more had been brought in, making no less than 148 bills.
Of these 78 had been passed and 5 rejected by the Com-
mons; 23 were withdrawn, and there now remained 44
bills awaiting the consideration of the lower house.
In their lordships' house there were 48 bills still
awaiting attention, for 18 of which this day had been men-
tioned. He had not taken any notice of the bills which
had been amended by their lordships, and con-
cerning which it would be necessary to hold con-
ferences with the Commons. There were a very
largo number of bills which there appeared no likelihood
of forwarding—he meant the five bills for consolidating the
criminal law. They were on the paper for consideration,
and no day had been named. He felt certain public business
suffered from the haste in which many bills had to be
passed at the conclusion of the session. The Courts
of Justice Bill had been hurriedly disposed of in
the House of Commons at two o'clock in the morning.
He must protest against such treatment of important busi-
ness. There were yesterday 26 bills on their lordships'
paper, and to-day 23 for consideration. He would like to
know whether the noble earl was ready to state whether
he was prepared to act on the resolutions of the noble lord
(Redesdale), and not press measures which it was impos-
sible could be fully considered, and w hither he would com-
municate with his colleagues with a view of preventing in-
jurious haste in the other house?

Earl GRA.NVILLE said he hoped their lordships would
not be alarmed by the number of bills the noble earl
had referred to. The Irremovable Poor Bill, he thought,
was a very good bill, and the Government were not to blame
for the course that had been adopted last night when it
was passed through committee. Five minutes before the
house went into committee there were no less than 100
members present. With respect to bills now awaiting con-
sideration, no time would be lost in determining when
they would be proceeded with.
Lord REDESD ALE thought he had not been treated
with respect as regarded the Irremovable Poor Bill. He had
requested the noble earl to postpone that measure, as ho wished
prepare certain amendments, but his request was refused.
They were now within 10 days of the end of the session,
and he did not think it would be doing justice to several
bills if they were forced through Parliament without duo
consideration.

Earl GRANVILLE defended the course taken with
respect to the Irremovable Poor Bill.
The Earl of HARDIVICKE complained that the noble
earl had in effect given no answer to the question of
his noble friend. It was hardly fair to detain
independent peers in town, in consequence of its not being
known what bills were and what were not to be proceeded
with.

The Duke of NEWCASTLE said the noble earl spoke
as if this was the first time that the state of public business
had been complained of at this period of the session. He
recollected a very importar.t bill containing 100 clauses,
which had been brought up quite as late as the present
time during the Government of the noble earl opposite.
He thought the object of the noble lord opposite was quite
apparent with respect to the Irremovable Poor Bill. It
was, in fact, an attempt to defeat and not to amend the
measure, because one of the amendments was quite in op-
position to the wishes of the House of Commons.
The subject then dropped.
BANKRUPTCY AND INSOLVENCY BILL.

Upon the order for the consideration of the Commons'
reasons for disagreeing to certain amendments made by the
Lords,
The LORD CHANCELLOR rose to recommend to their
lordships that they should agree with the decision of the
Commons. Their lordships had inserted in the bill amend-
ments for which he had no doubt sound reasons could be
given, but the House of Commons had disagreed with all
those amendments, with one or two unimportant exceptions,
and he now trusted, seeing that the bill in the shape it bad
been sent up had met with the unanimous approval of the
other house, that their lordships would consent to pass it
in that shape. Provisions which had met with the sanction
of the Consei vative party in the House of Commons had
met, why he knew not, with the condemnation of the Con-
servative party in their lordships' house, and when the hill
had goneback to the otherhouse with their lordships' amend-
ments the House of Commons had determined rather to risk
the loss of the measure altogether than accept the amend-
ments. The measure had been spoken of as one of urgent
necessity, and as such it had been regarded by the House of
Commons. And let it be remembered that it was no idea of
his—the bill had been introduced as a necessary alteration
of the law by the late Government, and they it was who de-
served all the credit of the proposition. The language which
had been uniformly used heretofore in reference to the ap-
pointment of a supreme judge, was that it would be advan-
tageous, but now it was sought to postpone the decision till
next session. He had in the first instance come to the con-
clusion that there should be a head to this tribunal, but he
disclaimed being influenced in this opinion by anything but
a desire for the due administration of the law. This part of
the bill had been objected to on the ground that it was an
unnecessary expense. The administration of the law of
bankruptcy and insolvency was carried on by a number of
commissioners. The five commissioners of bankruptcy
received an income of £lO,OOO a year, and there were,
independent of these commissioners, commissioners
of insolvent debtors, whose offices would be
abolished by this bill ; and there were eight official assignees
in London, of whom three were proposed to be at once abo-
lished, and machinery was provided to do away in course of
time with the whole number. Therefore the saving by the
bill of official salaries would be £12,000 or £13,000, and the
whole additional charge that would be thrown by it upon
the consolidated funs would he £5,000. From a very early
period of time the complaint in connexion with bankruptcy
was against the mode of administering justice, and not
against the rules of administration themselves. The rules
were simple, but the mode of administering justice had al-
ways been found difficult, and had met with much reproach
and a great deal of complaint. The difficulty arose from the
administrative and judicial duties having been conferred
upon the same individual. There had been no separation of
the duties, and the result had been that the judicial func-
tions had been performed in an unsatisfactory manner, and
the administrative functions had been performed with a less
amount of prudence than ordinary commercial intelligence,
if applied to the subject, would have secured. In the earliest
times in the history of the bankruptcy law, the administra-
tion of justice was carried on by 70 commissioners,who were
the Lord Chancellor's secretaries. A great and cumbrous
court was the consequence, which was limited to a species
of appellate jurisdiction and the power of administering jus-
tice in the first instance, and performing the ordinary duties
of administration were denied to it, and in a short time it
died of inanition. Afterwards commissioners were ap-
pointed throughout the country, but they had no control-
ling head—no superintending power ; each pronounced his
own orders, had his own rule of administration, and held
within himself the administrative and judicial functions.
This was ono of the first evils which it was desirable to
remedy, and therefore it had been proposed that the ap-
pointment of this judge should be made. And he begged
their lordships to observe that the duties of the judge
would be of a threefold character ; he would have
the superintendence of the whole of the administra-
tive part of the business, and he would exercise a jurisdic-
tion partly original and partly judicial. A great portion of
the business of the judges was now accomplished in cham-
bers. It might well be imagined that throughout the coun-
try many questions might arise which would not be satis•
factorily settled by commissioners, and could not be finally
decided without the aid of a chief judge. The jurisdiction
in bankruptcy was only a jurisdiction amongst the creditors
themselves. The judge had no power of acting against a
stranger, of trying a question before a jury, or of deciding
questions of equity ; and many points arose which he was
obliged to send to be decided by courts of law and equity ; so
that suitors in bankruptcy were compelled to have recourse
to other tribunals. This evil he (the Lord Chancellor) had
endeavoured to remedy. The court had been made self-
sufficient, and had been armed with adequate powers. But
this could not be obtained without putting at the head of
one court a judge of dignity, experience, and education. In
this country they laboured under the evil of numerous juris-
dictions, many of the operations of which were antagonistic
to others. These evils existed to a certain extent also in
bankruptcy, and he (the Lord Chancellor) could not hope
to remedy them without the appointment of a chief judge.
Then as to the appellate jurisdiction. Scattered over the
country were a number of small tribunals entrusted with
powers of administering justice. How necessary was it for
these courts to have a central head, which should regulate,
control, and give order to the rest. He had been told that
in the committee the only function of the chief judge which
was considered was his appellate jurisdiction. But he (the
Lord Chancellor) was not afraid of putting the importance
and necessity of the chief judge's office on this single issue.
The bill for the first time threw down the wall of partition
between the law of insolvency as applied to traders and
non-traders. Now, both Houses of Parliament had deci-
ded that this distinction should no lunge:: exist. The prac-
tical result of an unequal administration of justice had
been to drive the Queen's subjects out of her courts and
induce them to have recourse to other modes of obtaining
those advantages which they could not derive from the
courts. The number of private arrangements had averaged
10,000 or 11,000 a year, and had outnumbered ten times the
regular commissions in bankruptcy. But private arrange-
ments were very injurious things. Under a trust deed re-
course must be had to the Court of Chancery, where the ex-
pense was heavy, though no doubt less than it had been
years ago. The bill accordingly empowered persons to go

" Whate'er is best administered is best."

But the commissioners differed so much in their decisions
that in 100 cases one would give 13 first-class certificates,
while another would give 50 or 60. In fact the certificates
had become a mere absurdity and delusion. But he would
restore the scheme by giving the administration into one
hand ; for he proposed that in all such cases there should be
an immediate resort to the chief judge, who would thus be
enabled to apply an equal stigma to the same degree of de-
linquency. Again, it was proposed to give to the court a dis-
cretionary power in discharging an insolvent, to say whether
any property that he might hereafter acquire should remain
liable to his past debts. But surely a great power like that
required a directing hand. He hoped the bill would be found
a considerable improvement on the existing law, but that
hope would be completely strangled if their lordships re-
fused to adopt the only machinery by which it could be effi-
ciently carried into effect. It was said that the Lords Jus-
tices were quite competent to carry on the business of ap-
peals. He agreed that there were no judges in the land by
whom justice was more efficiently or more economically ad-
ministered ; but they were already so fully occupied that
they could not with propriety be asked to accept any addi-
Venal duties. Besides, the business transacted by the Privy
Council was every year increasing, and was thus making
every year a greater demand upon their time. He proposed,
however, that the great mass of appeals and the control of
the other judges in bankruptcy should be handed over to the
chief judge. The whole of the immense business of the Pro-
bate Court was now carried on by a single judge with the
assistance of his registrars, and the simplicity of the present
jurisdiction could hardly be exceeded ; while the cost of the
court, he was happy to say, was not above a fifteenth or a
sixteenth of that of the old testamentary jurisdiction. It
was his hope to introduce a similar system into bankruptcy,
and accordingly, by a clause in the bill power was taken not
to fill up the vacancies which might occur in the commis-
sionerships. All the results he contemplated could only bo
accomplished if their lordships would place this great court
of debtor ai,d creditor in a position of equality with the
other superior courts of justice. There were other topics
on which he might enlarge, but he would not now trespass
upon the patience of their lordships, as he should have an
opportunity of saying a few. words in reply. He was satis-
fied that no one could read the bill without seeing the ne-
cessity of a chief judge, and therefore with an earnest desire
to promote the sacred interests of truth and justice he ear-
nestly implored their lordships to agree with ;the House of
Commons so far as the point now before them was con•.
corned. (Loud cheers.)

Lord CRANWORTH said there was one part of the
able speech of the noble lord in which he fully concurred,
namely, that th:s was the first time the question had been
discussed in their lordships' house ; but he could not agree
that that was attributable to those who did not consider the
chief judge requisite. He had from the first warned his
late noble and learned friend (Lord Campbell) that the
chief judgeship would be unnecessary and mischievous. No
doubt the discussion on the question had taken place in a
select committee ; but why was that ? He (Lord Cran-
worth) had pointed out to his late noble friend that there
were so many little points that would require amendment,
that the till could not be considered in a committee of the
whole house ; and his noble friend admitted that such was
the case. But it was distinctly understood that it would be
open to any noble lord to revive any question in the com-
mittee ; and his noble friend had not attempted to raise this
point of the chief judge. If therefore the question ves now
discussed in the present inconvenient form, the fault was
with those who had not condescended to state their reasons
at a more legitimate stage of the bill. (Hear, hear.) No-
body would complain that his noble friend on the woolsack
had spoken too long. On the contrary, he had stopped far
too short. He had stated a great many truths, which no-
body wished to deny, such as the importance of an uniform
administration of justice; but he had given the go-by to
the real question at issue, namely, whether there was any
necessity for this chief judge ? For what was bankruptcy ?
A bankrupt was a person who had committed an overt act
of insolvency; and the object of the law was to take pos-
session of his property and distribute it rateably amongst
his creditors. Formerly bankruptcy was regarded as a
crime ; but a different feeling now prevailed, and a man
might petition himself to be made bankrupt. In nine cases
out of ten the proceedings were of a mere formal character.
Indeed that was the whole case of the noble lord, who said
that the business might be carried on by registrars. Some-
times, it was true, a person denied that he had committed
any act of bankruptcy at all, and there must of course in
that case be a judge to determine the fact. Then came the
question of who were the creditors, but that did not depend
upon the law of bankruptcy, but upon the law of the land.
Then the money was got in and distributed in one or more
dividends. It was in business of that kind that the com-
missioners were employed, and to say that they were not
able to discharge such duties would be really practising
upon the credulity of their lordships. (Hear, hear.) No
doubt some of them enjoyed a higher reputation than
others ; but amongst them were gentlemen whose character,
as regarded integrity, honour, and law, stood as high as
that of any legal functionaries that could be named. Of
course, they were liable to err ; and how were they to be set
right ? Lord Brougham had been taunted upon the consti-
tution of his Court of Review, which consisted of a chief
judge and three pusines. But, if his noble friend had been
present, he would have been able to show that he had had a
right to expect that there would be a good deal of appeal
business. A higher class of commissioners had, however,
been appointed, and that with the amendments which were
introduced into the laW, had obviated three. fourths of the
appeals which had fo.rmerly been made. The Court of Re-
view had, therefore, nothing to do, and after a little time it
became a mere joke in Westminster Hall. At last it fell to
the ground, and in 1847 the whole of the business was
transferred to the Vice-Chancellor. So the matter stood
till 1851, when the business of the Vice-Chancellor in Bank-
ruptcy was transferred to the Lords Justices of Appeal, and
from that time to the present the same system prevailed.
Having stated what the present course of the administration
of Bankruptcy was, he proceeded to state the grounds for
his opinion in regard to the appointment of a supreme
judge. Powers were given under the bill to review the
taxation of the bills of costs; to frame, with the Lord Chan-
cellor, general rules to regulate the practice of the court ;
and to perform certain other functions upon reference from
the registrar, none of which required the services of a chief
judge. A later clause gave power to try certain questions by
a jury, but unless this clause was introduced to give colour
to the appointment he could not understand what was the
motive for its introduction, for they might depend that if
the bill passed there would never be found issues to be
tried by a jury. But that there might remain no doubt
upon this point, he had written to Mr. Erskine, who pre-
sided over the court for seven years, to know how many
cases of trial by a jury had occurred during that period,
and his answer was that there were only three, and that
of them only one had eventuated in a verdict. Clause
142 was by far the most important ; it provided that
in case of any disputes between creditors and the assignees,
or if there were no bankruptcy, between the creditors and
trustees, the questions of dispute might be referred to the
chief judge ; but that was not a new proposition. There was
a similar provision by the 229th section of the old bank-
ruptcy law, though he admitted that this clause went further
in this respect than the old act, and was so far an improve-
ment. The next provision to which he drew attention was
that by which power was given to the chief judge to refuse
or suspead the order of discharge, or in other words, the
certificate ; but this was a power which was quite unneces-
sary,.: seeing that it was held at present by the commis-
sioners, sioners, though no doubt it was a very proper power.
to
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strous to say that functionaryahighlegalrany of th
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judges of the land was necessary for
he had yet pointed out. He was perfectly aware that this
was not all. They were told that the chief judge was to be a
much more accessible tribunal of appeal than the Lords Jus-
tices.
Upon this point the noble and learned lord led their
lordships to suppose that nothing would in future go to the
Lords Justices but appeals from the chiefjudge. But many
parties would prefer the decision of the Lords Justices still
to that of the chief judge, and they would have the power
to carry their cases to them. He contended that the appeal
to the chief judge could not be either cheaper or more
speedy than the present appeal to the Lords Justices of
Appeal. A return had been made of the number olfyanapdpheoawls
which had been taken before the
Why,Lord 215 days
many days were so occupied ?during
a period of from 13 to 14 years, that is to say, about 15
days a year Now the Lords Justices always discharged
itheir business in the course of a year; and why should
these 15 days of bankruptcy business be transferred from
them to the chief judge? For these reasons he had been
minced of _the unnecessary character of this appoint- I

ment. But his noble and learned friend had stated that
his object in truth was to get rid of the commissioners,
and to establish this judge as a substitute for them. This he
(Lord Cranworth) considered to be a most dangerous inno-
vation upon constitutional principles. He had always been
consistent in the view that this functionary was both unne-
cessary and objectionable. He could assure his noble and
learned friend that his only object was to act in this matter
according to his honest convictions—(hear)—and in all law
reforms he could honestly, assure his noble and learned
friend that he would find no more cordial supporter than
himself. (Heal.)

Lord CHELMSFORD said no one could doubt the sin-
cerity of his noble friend's views who had heard his speech,
which of itself was sufficient to remove the insinuation that
the committee had been improperly influenced. His
noble and learned friend on the woolsack had stigma-
tised it as a secret committee. He believed that there
was not a member of the committee who did not give
his impartial and single-minded attention to the sub-
ject. His noble and learned friend had inquired for
the reasons why the committee had come to the conclu-
sion they did. He hoped the unanswerable speech of his
noble and learned friend (Lord Cranworth) would gratify the
wish of his noble and learned friend (the Lord Chancellor).
his noble and learned friend, in a tone to which the house
was unaccustomed—(hear, hear)—had insinuated that in
consequence of the conclusion of the select committee votes
in the other House of Parliament had been influenced, and
that members of that house had been induced to change
their opinions from political motives. He had further
hinted that the principle of a chief judge had been originally
suggested by the Attorney-General of his noble friend (Lord
Derby's) Government. But his noble friend's Government
was not answerable fer the opinion of Sir Fitzroy Kelly. The
noble and learned lord had expressed great solicitude for his
offspring, the result of long and painful labour, and he was
displeased if any one detected in it any deformity or irregu-
larity. But as he had laid his offspring at the door of the
house, he must not be surprised if their lordships examined
it a little before they took it up and adopted it. He (Lord
Chelmsford) was not satisfied of the validity of the reasons
for appointing a chief judge and transferring to him the
duties now so ably performed by the Lords Justices. A nar-
now view, he thought, had always been taken on this subject.
It was forgotten that there were such places as Birmingham
and Manchester, as well as London. From a return it had
been shown that 85 per cent. of the bankruptcies were below
£l,OOO, and a great majority of these were under £3OO. So
that this great judge would have to perform his duties with
respect to 15 per cent. only of the bankrupts. Both an ap-
pellate and an original jurisdiction was to be conferred on
this new functionary. Now, as to the number of appeals
brought before the Lords Justices, it appeared that during
last year there were 42. There had been no delay, no com-
plaint of delay, and no suggestion of delay, until it became
necessary to establish some ground for depriving the Lords
Justices of this jurisdiction. Then the costliness of the
appeals had been spoken of. The average cost, it appeared,
was about £5O to £6O, a sum which at first sight did not
appear startling; but he had strong reasons for thinking
that the cost of appeals before the new judge would be even
greater than they were at present. It was not likely that
the chief judge would in doubtful cases refuse a further ap-
peal to the Lords Justices, and the expense would thus be
doubled. But then his noble friend suggested that the
amalgamation of the law of bankruptcy and of insolvency-
would lead to a great increase in the amount of business.
That argument was an entirely imaginary one; because it
rarely happened that an insolvent's estate was a large one,
and there was not much to encourage appeals where the
funds ran short. (Laughter.) But suppose the present num-
ber were doubled, and they required 30 days instead of 15,
Well, was that a sufficient case for the new judge? His
noble friend very well knew, that to confine his new func-
tionary to the :duty of hearing appeals would be absurd ;
and he had therefore cast about for other duties which he•
might give him. He (Lord Chelmsford) remembered that
when his noble friend opposite pressed the late Lord Chan-
cellor to state in the committee what the duties of the new
judge were to be, the noble lord's reply was not very satis-
factory; for ho merely observed that the chief judge would
be the keystone of the arch. He (Lord Chelmsford) recol-
lected remarking on that to a noble lord near him that:
" £5,000 a-year was a large sum to pay for a metaphor.
(Laughter, and cheers.) As to the supposed contrariety of.
the commissioners' decisions, he altogether denied that such
contrariety really existed. There was no difference whatever
in their decisions upon the principle of bankruptcy law,
though no doubt one of them might take a sterner view than
another of lapses from what was called "commercial mortali-
ty." But would the appointment of a chief judge cure that
The circumstances under which a bankrupt might be die..
charged were stated in the 146th sec. so clearly, that th.oss
that ran might read ; and he could not see why the commis-
sioners, men second to none in point of experien to, might
not be entrusted with the enforcement of those simple
rules. Besides, how would the appointment of a chief judge
in London cure discrepancies in the decisions of the seven
or eight country commissioners and the 60 county court
judges ? It was really trifling with their lordships
to put before them such a recipe for uniformity
of decision. (Cheers.) The questions which arose in
bankruptcy had generally respect to persons over whom
the court itself had no jurisdiction--questions, namely, of
fraudulent preference and reputed ownership, which must
ha settle." in the courts of law. Then, his noble friend said
that there would be an enormous influx of business arising•
out of the numerous deeds of arrangement; and his noble.
friend proceeded to argue that the number of those deeds
was a proof that the present bankruptcy law was un-
popular. He (Lord Chelmsford) considered that those deella
constituted the very best mode of arrangement in the first
instance. But how could these deeds add to the business of
the court ? Next, his noble friend said, " Only thirak of the
advantage of having a judge sitting in chambers." Well,
his noble friend opposite to him would no doubt agree that
business in chambers was not always very satisfactorily
conducted ; but however that might be, it so happened that
the same power of sitting in chambers was given to the con
missioners. (Hear, hear.) As to the question of appeals,
Lord Justice Knight Bruce had never doubted for one mo-
ment that he and his learned colleague would not be per-
fectly able to discnarge the small additional labour that
might be thrown upon them. The original jurisdiction of
the new judge was merely a pretence for finding him some-
thing to do, and there being still less reason for his appel-
late function, he (the noble lord) did hope that their lord-
ships would insist upon, their amendments—amendments
which had been agreed to without a division in the select
committee, and which had been properly made for the pur-
pose of preventing a most useless waste of public money-
(Cheers.)

Lord WENSLEYDALE entirely agreed with the views
which had been expressed by his noble friends. The law of
bankruptcy required no great amount of legal learning; and
he really did not see therefore what necessity there was for
a judge of the rank and with the salary proposed by the
original bill. The amendment had been unanimously agreed
to in a committee comprising noble lords of great expe—
rience, and belonging to all political parties. No one argu—
ment had been adduced in favour of the new judgeship, and
he trusted, therefore, that their lordships would adhere to
their decision.

The LORD CHANCELLOR replied, observing that
with the knowledge of bankruptcy displayed by his two
noble and learned friends who spoke after him, he was net-
surprised at their opposition to this measure. (Laughter.),
There were many important questions which would neces-
sarily come before the chief judge under the provisions of
this bill, and there would not be left any reference to the
Lords Justices. The act repealed was the act that created
the jurisdiction of the Lords Justices transferred as
described, and there was therefore nothing left for
the transfer to operate upon, and the arguments
upon this point only showed the want of information of the+
noble and learned lords who had employed them. The•
jurisdiction of the court would be by this bill enlarged ten-
told, and the duties that would devolve upon the af
judge would necessarily be increased in thesame
proportion. The effect of the measure would be
to establish in the place of a costly appeal to the Lords
Justices a more simple and expeditious machinery by which
a settlement of the question at issue might probably be
arrived at at a cost of a few shillings. He would suggest to,
their lordships the propriety of putting this question
—whether they would still insist upon their am first.
amendments
relating relating to the offices, duties, and powers of the chief judge.
n.
His few
noble
m o.
ex
Lord CRANWORTH said that be must fora
ments trouble the house with an pan
and learned friend on the woolsack had charged him with
attempting to mislead their lordships on a point of law.
Their lordships were aecusteme d to 1(olear, hear.) Nowoik to the woolsack
for accurate definitions of the law.
if his noble and learned friend had been correct in stating
that the clauses of the Consolidation Act constituting the
jurisdiction in bankruptcy had been repealed, he would
have been far from correct in stating that there would have
been nothing for the transfer by the jurisdiction to act
upon; but although his noble and learned friend had assailed
him in no very courteous language—(cheers from the oppo-
sition benches)—he begged to say that the 12th and 13th.:
sections of the Consolidation Act, by which the jurisdiction
was constituted, were not included in the schedule of the
present act. (Hear, hear.)
The LORD CHANCELLOR then put the question that
the house should insist upon its amendments, so far as they
related to the offi.co, duties, and powers of the chief judge
in bankruptcy.
Their lordships divided, and the numbers were.—
Contents
Non-contents

Majority
The LORD-CHANCELLOR said that there was a large
class of remaining amendments relating to the question of
the discharge of the official assignees. With the permission
of their lordships, he would put the question with respect
to these assignees first, and the remaining miscellaneous
amendments might be included in a third question.
Upon the question being put that the house should insist
upon its amendments relating to the official and creditors'
assignees,

Lord CHELMSFORD said it was not his intention to
divide the house upon this question. It was one of eminent
importance to the commercial community. The official as-
signees would have been very popular, had it not been that
they were paid by a per tentage upon the value of estates,
end thus a heavy expenditure was incurred. Now the great
majority of capes irk bank7uptcy Were settled out of court,