Star.
London, England, 1830-04-30 00:00:00

110 USE OF COMMONS—TurnsDAY.

LONDON BRIDGE APPROACHES.
Mr. Alderman WOOD moved the .sccond reading of the
bill.

Sir E. KNATCHBULL moved the introduction of a clause int.
posing a duty on the parish of Gravesend of half the duty on coo?;
payable in the port of London.
Aidtnuan WOOD opposed the clause. as coming by surprise.
Mr. TENNYSON took the opportunity of enquiring of the
'tight lion, the Master of the Mint whether it was intended tt
to continue the duty after the payment of the debts now contraeted.
tit;
duty HERRIES replitd that it was not intended to continue
duty after the payment of the accounts.
The clause was agreed to, and the bill read a 'econd time.
Nlr. M. A. TAYLOR presented a petition from Durhatt: against
the punishment of death fur forgery.

iNsOLVENT lIIESTORS. ACT.
Lord A ',THORP rose to present a petition, of which he ',id gi-
ven notice, front Alrj,
ri Dance provisional assigree in the Insolvent
Debtors' Court, against I& sent state of the law as regarded i..
solvents. The petitioners ui that the law required amewilment
in several points, more Atitic.uiarly in those which related to the di-
visionof the debtors' property, and imprisonment, previous to ob-
taining the benefit of the Act. Ile concurred in the sentiments of
the petitioner, and thought that imprisonment, instead of berefiting,
was detrimental to the creditor in those cases where the debtor was
really insolvent, and where he had acted with good faith slid ho-
nesty. Imprisonment could not benefit the creditor, and ought onli.
to be resorted to against fraud and dishonesty. lie would be the last
person to say that punishment ought rot to follow such conduc..
but, when hottest men were reduced to a state of inscireney by
unforeseen and calamitous circumstances, it surely was a great hinds
ship to punish them for what could only be regarded by every one
as a misfortune. His object, therefore, was not to abolish the
power of imprisonment, but to give the creditors power to divide
the property, without compelling the debtor to go to prison. When
an honest man becomes insolvent, why not say so at once, shim::
first making him undergo the ordeal of imprisonment ? The come.
queue of the first clause was, that, often where there was no pro-
perty to divide, the insolvent still was compelled to go to pri-son ;
and the other was, that persons possessed of considerable irforne
could go into the rules of the King's Bench and set their creditors
at defiance, and, merely because they were in nominal cor,finement,
they acquired the power of eluding their creditors. I hese were
evils which required amendment, and he should, therefore, Ir.
glad to see, in the bill which had been introduced by the At.
torney.deneral, certain clauses inserted which would allow of a di-
vision of property, and which should compel the creditor, in certain
' eases, to take a composition without arresting the debtor.
Mr. Alderman THOBIPSON was confident that the law re.
quired amendment, and that the proper time was now come for in-
quiring into the operation of the law as it bad existed for years.
As it at present stood, it was of little or no benefit to the retail
trader, as it might be seen from a return which had been made or
the amount of debts of insolvents for a certain number of years.
That amounted to eleven millions sterling, while the composition
paid to the creditors did not exceed did in the pound. Another
evil was, that there was no time fixed when the insolvent could be
obliged to give up his property for division among his creditors,
instead of going on, as many debtors did now, living in gaol, and
squandering away their property, till every farthing was gone whets
he applied to take the benefit of the act. The punishment of im-
prisonment be did not think sufficient for a fraudulent debtor; anti
if the law were made more severe on that point, and the offending
party subjected to transportation, a great advantage might be ex-
pected. As to mane process, he would not take upon himself to
say what particular alteration should be made, ben he was afresh
unless some more protection was extended to the retail dealers, they
must be ruined.

Sir JOHN NEWPORT was convinced ( f the impolicy of the
law, and he believed no one could deny it. Fine and imprisonment
against a fraudulent debtor were not stafiCiersi ; some more severe
punishment should be inflicted. He thought, at the cause time.
that retail dealers were much to blame. They often gave credit to
a man they knew nothing of, and, trusting to the power of impri..
sonnwut, they would furnish him goods almost to any amount. To
prove that such a law was not necessary, they had only to look to the
practice at Hamburg, one of the most commercial cities in Europe.
At that place the power of arrest was not called for; and why should
it not be called for if it were necessary • The fact was, the law, as
it stood, assisted the ft. udulent debtor, and acted as a punishmenti
on the homed trader.

Mr. Alderman WAITHMAN said the law, as it at present
stood, was extremely defective, and was peculiarly oppressive to the
honest trader. When once a trailer of this descriptioo became in-
volved, he, in a manner, became reckless, and only Ittokcd forwaid
to imprisonment, wind:stamped his character 'or ever. Nothing.
he was convinced, affected an honest trader MOrn than this, and
many of them, he believed, would rafter suffer death titan be
subjected to it. In addition to this, the dividends were so small
that they did not pay half the salaries of the commissioners. What
be would may was, give the honest trader a fair chance, and adopt
some such law as that recommended by Sir Samuel Romilly. He
knew of instances in which persons, with 400/. a year, had been in
the King's Bench for ten years, and he would venture to say that
1001. of that would have satisfied the creditors. It had been oftet,
stated that retail dealers were entirely to blame. Now, he would
ask persons who said so only to inquire fairly into the business. anti
they would see what delusions were practised to rob the retail dealer.
And if the porter received instruction to jurist en payment betore
delivery of the goods, what was the result ? Why, those very per-
sona who blamed the tradesman so much would be the first to cram •
plain of such a supposed insult. Without credit, or small cente,
retail dealers could nut go on. He trusted, therefore, that the At-
torney General would give time in the Committee for considering
the bill fully, in order to sec what amerfaments can be made.
The ATTORNEY-GENERAL said, he was unwilling to vet.-
lure an opinion on the subjects alluded to, but should tee most
happy to take them into consideration at a fit opportunity. With
regard to one—namely, that of a division of property—he ntiga:.
however, say that lee was favourable to such a plain He bad nor
made up his taind as to the other proposition, moat for contpelliog
the creditor to accept a composition wifiroor the power of arresting
the debtor, except in cases of (module t ey. He auld, howeWer.le
ready to secede to a ZII 1111 l 'titre of inquuy, where the different points
I might meet with the fullest investigsfon.
Mr. BRIGHT was glad that the learned gentlinmealt:td no oh-
' jectlon to a committee. The evils of width he coop however,