The Sun.
London, England, 1845-08-06 00:00:00

their IsPodships to the amendments which had been sent up
from '.he Commons on this Bill. They were of a twofold
character. One class related to the Bill as it stood before it
west down to the Commons. These he approved of with one
exception, and some verbal alterations. The other class re-
ferred to the additional clauses. It would be recollected that
the Bill, as it originally stood, only contained eight clauses,
but there were twenty additional clauses added to the amend-
ments. With respect to the first division of the amendments,
he agreed to them with the exception he had already referred
to, the effect of which would be to fetter the powers of the
Commissioners of Bankruptcy, for unless the action was
brought before a superior court, and a judgment pronounced,
etbsep would have no power. He would therefore call upon
their Lordships to disagree to the clause. The Noble Lord
then proceeded to explain the manner in which the
clause was introduced in the Bill, from which it appeared that
advantage was taken of the absence of the Attorney-General,
;to whom the Bill was entrusted in the Lower House, and this
clause was thus surreptitiously, as it were, inserted. With re-
spe.et to the other class of amendments (continued the Noble
Lord), they would be found under the 9th section. The other
amendments were merely consequent on that. This gave her
Majesty title power of extending the jurisdiction of small courts
as to locality, and also to the amount of the debt on which
hey cogld adjudicate. It increased it to 201. The reason of
the clause was, that very few of the tribunals at present had
power to decide on actions of so large an amount, and the con-
sequence was, that many persons in trade sustained great loss
The clause, however, would entirely put an end to this injury.
He thought it a wise clause, and one not at all inconsistent with
the Bill. If it had originatedin that House,or had come up from
the other House in the shape of a new Bill, their Lord-
ships, he thought, would not have the least objection
to consent to it. As the other clauses were merely conse•
quential, he should not enter into them. The original Bill, as
he had already remarked, consisted of eight clauses. These
amendments, containing twenty additional clauses, were grafted
on the all. They formed a new system, and gave powers for
the establishment of a new kind of tribunal. Now if these
clauses had come before them in a separate form—as a distinct
Bill—they would then be in a position to adopt or reject them
at once. But coining, as they did, in this supplementary form,
there was, he considered, a difficulty in point of form as to the
course they should adopt. The question was, should they at
once adopt those amendments as they at present stood? He
thought they were wise, useful, and called for by the occasion ;
and as they had been recommended in a clause which had been
sent down by their Lordships to the Lower [louse the session
before last, he thought that no difficulty would be felt as to the
propriety of agreeing to them. It was now in their Lord-
ships power either to agree to these amendments as they stood,
or to reject them on the point of form ; and he was quite sure
that they would exercise a sound discretion in the decision to
which they would come on the subject.
Lord CAMPBELL felt greatly embarrassed in addressing
the douse in consequence of the course which the Govet ninent
had pursued with regard to this Bill. He entirely concurred
with his Noble and Learned Friend in the propriety of the
Commons' amendineuts. He protested, however, against the
purse which had been adopted with regard to the subj-ct.
The Noble Lord then proceeded to detail the various c'ianees
which the subject had from time to time undergone. He con-
sidered also that to extend the jurisdiction as to locality was a
very grewt power, and that sending up the Bill in the form now
before the House, alight, if it were allowed to pass unnoticed,
be productive at a future tuna of great confusion.
They ought to consider whe,her it would not be better to
extend toe county courts than to en!arge the powers of the
courts of conscience. He must protest against the course that
was recommended to he taken.

The LORD CHANCELLOR said the measure was not
one of the Government's originating It was taken up in the
other House by a Learned Gentleman, who was not connected
with the Government. He was the present Solicitor-General,
but at the time he introduced the Bill he had no connexion
with the Government, nor had he any expectation of it. It
was also introduced in connexion with another measure—the
Deodands Abolition Bill. This was the history of the Bill.
He considered that parties, before they could make ally altera-
tion in or extend the jurisdiction of the local courts, would have
to give a mouth's notice of their intention.
Lord H ADDINGTON said that his friends, the Gentlemen
n the other House, belonging to Scotland, had supported the
Rill, not as Members of the Government, but as Members of
the House in their private capacity.
Lord WHARNCLIFFE thought that under all the circum-
stance*, after the explanations of the Noble and Learned Lord,
he felt bound to support him in the course he recommended.
Earl FITZ HA RDINGE said it was but right that they
should take no course but such as was strictly in accordance
with legal practice ; still he thought no time should be lost in
Carryir.g out the provisions of the Bill. Many of the small
tradesmen in the principal towns of the kingdom were now
suffering greatly. It had been calculated that there was
owing this class of persons, at present. no less a sum than three
Millions of pounds, all debts under 201. In Birmingham alone
the sum owing to small tradesmen was 100,0001.
After some further conversation, the Commons' amendments
with the Lords' amendmejots thereon were agreed to.