The Sun.
London, England, 1842-08-09 00:00:00

WINE TRADE.

Mr. VILLIERS presented a petition from persons
employed in the wine trade in Wolverhampton, praying
that a drawback may be allowed them.
Mr. DARBY presented a petition with a similar prayer.
Dr. BOWRING presented a petition from the brewers
of Leicester, praying that brewers' casks might not be
distrained.

Mr. WYSE gave notice that he would move early next
session for a renewal of the Committee to inquire into
the system of Scotch education ; also, that he would
move for leave to bring in a Bill to provide for the better
regulation of Foundation Schools in Ireland.
SLAVE TRADE (PORTUGUESE VESSELS) BILL.

After a few words from Caittain PECHELL and Sir G.
CLERK this Bill went through Committee, and was or-
dered to be read a third time this day.
BANKRUPTCY LAW AMENDMENT BILL.

On the Order of the Day for bringing up the Report
on this Bill being read,

Mr. M. PHILIPS said that he should make another
appeal to the Right Hon. Baronet (Sir J. Graham) with
regard to the fiat. He considered it would be much Eet-
ter if the fiats were issued from the several local Courts,
instead of being obliged to come up to London for that
purpose. It would lessen the expense and delay of
suing out the fiat, and was approved of by the mercan-
tile body. He should therefore move to insert the fol-
lowing clause, instead of clauses 3 and 4 :—" That it
shall not be necessary to strike a docket, or sue out or
prosemite any fiat in bankruptcy, against any person sub—
ject to the bankrupt laws, to authorise the Court of
Bankruptcy, or any Commissioner thereof, to hear evi-
dence and proceed to adjudge any person so liable a
bankrupt ; but it shall not be lawful for such Court or
Commissioner to proceed to hear evidence, and adjudge
and declare any person liable to the bankrupt laws a
bankrupt, in the same way and • manner as though a fiat
in bankruptcy had been issued against such person."
The ATTORNEY-GENERAL said that le could not
consent to the proposition of the Hon. Gentleman. With
regard to the expenses of the fiat, the expenses were
regulated by a former Act, which gave the power to the
Lord Chancellor of reducing the expenses. He therefore
thought that the suggestion of the Hon. Member would
be no improvement, and would be found very difficult in
practice, and he thought the alteration would lead to
greater expenses rather than lessen them. He should
therefore oppose the clause; for, as the Hon. Member for
Worcester had properly observed, if they did away
with the issuing of the fiat in London, and parties were
enabled to proceed at once in local courts, there would be
nothing to prevent application being made in more courts
than one at the same time against the same individual.
Mr. JERVIS thought the clause would only tend to
clog the Bill, and create greater expense.
Sir T. WILDE said the clause was of a twofold na-
ture—first, to prevent delay ; and secondly, to avoid
expense. The Commissioners were formerly paid by a
fee on each meeting of 1/. each Commissioner,
together with 1/. for executing certain docu-
ments and instruments, and in the country a
further fee to a quorum, and in some cases travelling
expenses. A Bill was introduced abolishing these fees,
and placing the Commissioners in London, with a salary.
Well, it eras not thought right that the public should
pay the expenses of prosecuting bankruptcies for the be-
nefit of individual creditors; therefore, it was considered
that a sum should be paid in liTu of those fees. The
question was, therefore, whether that sum was a proper
sum to be paid by persons availing themselves of the law
of bankruptcy—whether the fiat issued in London
or the country that question would remain the
same. With respect, therefore, to the expenses,
the Honourable Member was mistaken in supposing
that they would be at all affected by the circumstance of
the fiat issuing in London or the country. Now with
respect to that fiat, what was it ? It was merely a sup-
posed application of assent to appear before the Commis-
sioners. In other words, it was entering in certain
books the issuing of a commission of bankruptcy against
a certain person. Well, but surely so important a pro-
ceeding as a c6mmission of bankruptcy, which at once
stripped a man of his whole property, ought not to be
secret ; it ought to be placed upon record—some record
accessible to the whole country. Where could the entry
of that bankruptcy be made more central than in
London, which was the most accessible point in all the
country. The fiat, as it was called, was merely an entry
in a book, and he was sorry to hear the bond was to he
dispensed with, for when they considered that issuing a
commission of bankruptcy against an individual who was
not properly subject to such a proceeding might ruin
him, some precaution ought to be taken against persons
initiating such proceedings ; all such parties ought
to be required to give a bond of 2001„ to prove
that the party against whom the fiat was to be
issued was a bankrupt. Now with respect to the
delay ; the delay was merely the post up and the post
down, but if in London the delay was not more
than two hours, a person might leave that House
and in .two hours issue a fiat. If it was to be
issued in the country there was only the application
to be made to the agent here, and the fiat was returned
by lost. It would be a case of great importance indeed
in a Lich the delay of sending to London would be of
any serious consequence. Such cases might occur. With
respect to the fiat issuing in the country, this clause must
cause delay, as the person wishing to issue afiat in bank-
ruptcy would have to send into the country to inquire if
there had been a previous fiat. It was therefore of the
utmost importance that some public record, in
the most accessible place in the kingdom, should
he had, to ascertain when proceedings in bank-
ruptcy issued. Could any place be more suited
than London ? Therefore he thought that the proposed
clause would only add to the expense and delay.
Mr. M. PHILIPS said, that after what had fallen from
the Solicitor-General and the Hon. Member for Worces-
cester, he would withdraw the clause.
The clause was then withdrawn.

Mr. G. PALMER said he thought that some clause
ought to be introduced for the purpose of checking the
accounts of the official assignee.
Sir JAMES GRAHAM said that they had not had
the advantage of the presence of the Hon. Member for
Essex during the last two days' discussion on this sub-
ject. or he would have known that a clause had been in-
troduced of the nature desired by the Hon. Gentleman.
The SOLICITOR-GENERAL then proposed a clause,
providing that a return should be laid before Parlia-
ment every year of the monies paid into the Bank of
England by official assignees, up to the 31st December
in each year. Also the total amount paid for and on
account of bankrupts' estates, and of the balance in hand
of such assignees.
The clause was added to the Bill by way of rider.
Mr. HAWES then proposed a clause providing that
the official assignee should supply each creditor with a
printed account of all monies received and paid by him
on account of the bankrupt, within one month after the
final dividend was declared.

Sir J. GIiArIAM suggested that the dame should le
proposed on the third reading of the Bill.
The clause was therefore postponed.
A number of verbal amendments were agreed to with-
out discussion.

On the proposition of an amendment in clause 130,
which allowed the assignees to give to the clerks and
servants three months' wages on the suspension of the
bankrupt's business,

Mr. M. PHILIPS said, that the proposed allowance
was entirely inadequate to the merits and circumstances
of those persons, who were for the most part of great
respectability, and entrusted with large responsibilities,
but who found it always very difficult to pass from one
situation to another. He suggested that the allowance
should be for six months.

After a few words from Sir J. GRAHAM, which
were not heard in the gallery,
The ATTORNEY-GENERAL said that, as by clause
19, the allowance to the common labourers was only for
two weeks' wages, he should be ashamed to allow six
months to a clerk.

The original clause, with the 'verbal amendmcnti of
the Attorney-General, was then agreed to.
The other clauses were then agreed to, the Report
was received, and the Bill was ordered to be engrossed.
The Bill was ordered to be read a third time to•
morrow.