Star.
London, England, 1813-12-04 00:00:00

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'ARLL

.41ENTART PROCEEDING& '
HOUSE OF LORDS, DECEMBER 3. •
Sr SAMUEL ROMILLY and Mr. W./TIMM were heard fib.
the appellant, in the cause " Duff against the Magistrates of Id'
werness ;" and Mr. ADAM and Mr.Ga4awr bulb* lesPOodanta•
Judgment on Monday. •
Sir SAMUEL ROMILLY and Mr. HART willtAmrd in
the;,
kish appeal, " Hone v. Davis."---Ferther heirbion Maier.
In the St. Andrew's Golf Cause, the whole was remitted In,
the Court of Session for review. 4
•
The Botany Bay Debt,* Bill was read a third time,
passed.
The Madder Duty Bill, dee Excheree Bills' Bill, the Local
Militia Bill, and the Scotch Seklllol,. Irate milimitted and re-
,
ported.
Mr. Lossumovon and others, from the Commons, brought
up the Mutiny Bill, the British Sugar Exportation Bill, the Mi-
litia Force Amendment Ball, and the Watch and Ward Bill,
which were read a Am time.

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• A Vasa FrioWthe Directors of the Easel:3lla Company, pm-
tented a Resolution of the Court of Directors, granting .4
to the family of the late General Agnew.
•, the Temporary Insolvent Debtors' Bill was read a third time
and passed; and sent to the Commons.—Adjourned.
'IIOUSE OF COMMONS.
•
Mr. ROBINSON brought up a Peiitlon from the Debtors
confined in the Castle of Web, praying relief. -Ordered to lie
on the table. • •
The London Militia Bill went through a Committee.—The
repon on Monday.

A Person from. the East India Company presented at the bar
a copy of the resolution of the Directors, for granting a pension
of o€4ooo a-year to the widow and family of the late General
Agneir:—Ordered:to lie on tie table.

The Brandy Duty Bill was read a second time, and ordered to
be committed to morrow.
The Militia Volunteering Amendment Bill, and the Watch
and Ward Bill, were read a third time and passed.
INSOLVENT DEBTORS' BILL.
On the Order of the Day being read tor the second
reading of this Bill,
Mr. LOCIMART said, that as the original Bill,
to amend which this was passed by the Other -House,
had, in the last Session, been suffered to go through
this House without any discussion, or even comment,
for the purpose of liberating a large body of Unfortu-
nate persons confined for debt, he thought it necesr
sary now to call the attention of the House to a few.
observations, which he wished to make on the prin-
ciple of the original Bill. That principle went to
operate an extensive alteration in the established law
of the land, as it related.to debtor and creditor; and
it would be necessary tosonsider what would be the
effect of the Bill? The crowded state of our gaols
bad, from time to time, for many years past, made it
necessary to pass temporary Insolvent Bills, for the
purpose of clearing them, though the legislature were
always convinced of the evil tendency of them. The
principle of the original Bill, which was to continue
for four years, was to provide a permanent law. for
the liberation-of persons confined for debt ; that act
had been found defective, but the amendments had
removed all the objections to it. He thought the
Legislature ought to modify the law, as it now stands
on this' subject ; but it became them to consider how
far they would do so. The crowded state of our gaols
had been frequently attributed to 'the. obdUracy of
creditors ; but he could not believe that to be the
case. 'He thought it was rnoreowing to the extra.
valiance and profligacy of debtors. It the Legislature
relaxed too much, it would give encouragement to
the thoughtless, the extravagant, and profligate, to
the.great injury of the f uir creditor, and the morals
of the country. By this Bill debtors were to be libe-
rated alter three months' confinement. He thought
the term not long enough. It would hold out a
temptation to the young and inexperienced—and
liZach more to those of bad principles, to obtain as
enueh property as possible by running in debt, and
then free themselves by an imprisonment of such short
duration. Another objection was, that the creditor
had now power to come before a commissioner and
give up all his property, as was the case of the seta°
6-onorum in Scotland, on the principle 'of which this
Bill was said to be founded. The debtor had the
power of liberating himself at the end of three months
if he chose ; but it he possessed a freehold or lease-
hold landed estate, an annuity, and various other
kinds of property, he might stay in a gaol, and live
upon it as he thought fit, whilst the creditor w.s left
to console himself with the addition of heavy costs to
the loss of his original debt. He thought also thee
should be a difference in the period of confinement
between those who immediately.. suffered judgment,
and those who, brevery species of et lay which the
law allowed,-:put their ctaditors to all possible ex-
pence, and—frequently made the costs rise to five
times the amount of the debt. Another objection
war, that.the bill-was too great a deviation trem the
law at present establi.hed,- and would, he feared, be
productive of the curtailment of credit, which, to
persons carrying. on various small branches of trade,
would be a serious grievance, Another abjection
was—there was a clause in the Sills which said, that
no person confined for damages in cases of trim. coat.'
or other malicious injury, should have the benefit of
the act, unless confined five months. What was the
construction to heasut on the expression, malicious in...
jury ? It might, perhaps, be extended to all kinds
Of fraud ; and if that should be the construction, per.
sons might commit all those with impunity, 'except
imprisoement for five months. 'After mentioning
several other•cases of hardship, he said the Bill, in
his opinion, went too far ; but as he did not mean to
oppose its progresQ, he hoped the subject would be
debated in future Sessions of the present Parliament.
It was only by_ frequent divenssions, and by Gentle-
men of abilities lending their aid, that this Bill could
be made a valu Able permanent part of our code of laws,
and productive f teal benefit to the community.
Sir S. ROMILLY said, that great part of what
had fallen horn the honourable acid learned Gentle-
man did not apply to this Bill, which had been pass-
ed for a particular purpose of humanity, and which
it was desirable should be passed as soon as possible.
—There was no doubt but some further provisions
,would be made. Ma, y points mentioned by the
Hon. Gentleman certainly deserved the attention of
the House, and he biped a Bill or Bills would here-
after be brought forward to correct and amend those
defects in the law. He alluded particularly to the
delay which was soffered to take• place, to the great
injury of the creditor, by the allowance of. writs of
error, where no error lay, but which caused many
months delay, merely to obtain so- Mukfi Money in
lie shape of fees. That part of the law ought 00.
itiestienaby to be amended ; and he'sttetto reason
why real and other:woks of landed: estate( shotdd
1:ot be made li 'lsle to the payment of delta's. So con-
vinced was he of the propriety and justice of this, that