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

owe uut the losses in a pteenni.) point of view, but the demoralising
um /aqueous of imprisonmeht. The law, in his opinion, ought to
be re-enacted for a short period, until a committee should have time
to take all the subject into consideration, and until that committee
had reported no alteration to be made. In his opinion, the mote
unbearable thi- law the better, hicause a thorough change must be
the consequence. Wilt regard to the amount for which a debtor
en uld be wrested, he wished to state to the house that the city
*Pitch lie represented was in the utmost alarm at the proposition of
raising the stem from 201. to 1001. because they thought that a
rutocaary jurisdiction was absolutely necessary for pt otectieg their
:•,te rests.
Pie. D. W. HARVEY hoped that the consent of the Attorney-
(General for the appointment of a (ommittie would not be disre-
n atied. and that the whole law, as regarded debtor and creditor,
*scold be fully examined. He also agreed with the lion. member
i i Bristol, that it would be proper to re-enact the present law for a
a mit period, and merely until a Committee should have taken the
itebject into consideration. What the ceuntry chiefly wanted was a
LiVIAto protect the honest trader, and punish the dishonest debtor.—
The present Insolvent Act gave no encouragement to honesty, but
tield out a sort of protection to the fraudulent dealer. It had been
stated that the amount, within a few years. for which debtors had
re:grounded with their creditors, was eleven millions; but it ought
to se recollected. that the names of creditors wore often sent down
inert four and five times over, and the debts of the insolvent constr.
gamily greatly augmented. He could see no reason why the same
/tile should not apply to insolvents as well as to bankrupts, as an
encouragement to make every exertion to pay as much as possible.
la the case of a bankrupt, where he pays ills., 12s. Gel., or lbs. lid.,
in ;he pound, lie obtai etl certain facilities which could he withheld
from one who did not pay lOs in the pound. Why should not some
each law be made to apply to insolvents, instead of committing them
to prison, which sent them cut of the world with a beggared repute-
..ion, and mortgaged all their prospects on this side the grave ?
He though: that the Legislature ought to be cautious benne it de-
prived the creditors of the country of the law of arrest, without mak.
ing any other provision for their security. lle considered that the
moment a man was unable to pay 20s. in the pound be was but the
trustee. of his creditors ; and some mode ought to be adopted to
compel hint to assign his effects to them. A Committee up waits
would be the best mode of discussing and settling the subject ; but,
as the season was too far advanced to expect that good could be
done this year, lie hoped his 11/ajesty's Law Officers would take the
subject into their consideration ; and, if they brought in a law
this Session, that they would limit it its duration to the space of
ore year.
The SOLICITOR-GENERAL begged to he understood that
be had no objection to a select committee on the subject, and he
thought that an ultimate decision, without the investigation of a
committee, should be avoided. There was no doubt but that the
• house had humanity enough to protect the debtors of the country ;
but he found, in the natural comae of things, that the creditors
were better and more generally represented. He hcpcd that the
question would be set at rest on just and equitable grounds ; but he
deemed that to give a power to the debtor of making a voluntary
bankruptcy would be one of the most dangerous experiments on
that credit which was so essential to the mercantile property of the
country. lie could not agree with the proposition of the honourable
member for Colchester (Ir. Harvey), that the moment a man
.cased to have 20s. in the pound he became a trustee to his estate
for his creditors. Such an opinion, if acted upon by the Legisla.
ture, would tend to break up society faster than almost any other
enactment that could he made. The whole experience of a free and
and trading country showed that the men who were one day op-
pressed with difficulty were in the next prosperous and thriving
merchants. It would sap the very foundations of industry, and put
a stop to every thing like pains-taking and systematic exertion.—
hear.) Ile had only to refer to the well known numbet e.if men who
had pushed their way from a state of debt to a state of affluence, to
convince the house of the impolicy of acting on such a theory.
Indeed, if a man, who was publicly and notoriously involved, and
who was seen spending perhaps in prison the property of his credi-
tors refused to submit. some law was necessary to compel him to
divide his remaining effects. He could not at that time go into the
various topics connected with the subject which pressed on his at.
tension, but content himself with again declaring that lie had no
objection to have the measure investigated before a committee of
the house.
Mr. HUME said he heard with much pleasure the learned Soli-
citor-General admit the necessity of a committee. In his opinion,
the abolition of the law of arrest was necessary, but with it some
• means should be devised for der speedy and economical recovery of
debts. If the latter point was neglected, the feelings of a large por.
tion of the community, who fancied they had a security in the law
of arrest, would be violated. Two years ago he had submitted two
bills to the house, one fur the abolition of ariest, and the other for
the more effectual recovery of debts, but he could not induce the
house to adopt them. He had been induced to do so from a con.
viction of their necessity ; and after consulting a variety of solicitors
and tradesmen, who appeared to have no objection to the removal of
the arrest, provided they were protected by the other remedy. lie
was glad to find that his principles had, at length, found favor, and
he hoped that his majesty's law officers and ministers, who were
paid by the public for doing their duty, would take upon themselves
to work their bills, as they had declined consenting to their being
brought forward by others. lie had heard the observations of the
Solicitor-General with a degree of pleasure, and he hoped the hon.
and learned gentleman would not allow the subject to drop. He
wished further to suggest, that there were were many provisions in
the Scotch law of debtor and creditor which might with great ad-
vantage be here introduced, particularly that clause which gave the
majority of creditors a right to discharge the debtor from further
liability.
Mr. O'CONNELL complained of the great delay which existed
in the recovery of debts by means of fictitious modes of postpone-
ment, and he thought that all these shifts should be put an end
to. He could not understand why, in plain and simple cases, an
immediate judgment could not be had ; and, in the case of a pro.
tested bill of exchange, he submitted that an instant summons to ap.
peat before a Judge should be issued, and that, in default of sufficient
cause being shown, an execution should at once follow. He also
complained of the anomalous state of the bankrupt law in England
and Ireland. Thought there was a Union, and though it was
protessed to be a legislative union between these countries, the
bankrupt law was dissimilar. The whole system of arrest for
debt was monstrous ; and he could not conceive how the legis-
lature could have sanctioned an act by which any man that pleased
had the power, by his affidavit, to throw another into gaol
to 60,0001, or 1.14,0001, or 100,0001. Ile would again repeat the
case which was within his own knowledge, where a gentleman was
arrested fur 6d,0001. by a person whom he never saw, and with
whom he never had a transaction. lie did not see what good could
be done in a committee. The subject was open and plain ; and, if
the law officers of the crown took the matter in band, they had the
means of effectually putting it at rest.
Mr. DOHERTY was astonished that, on the presentation
of this petition, any allusion should have been made to the
legislative union between England and Ireland. He had only
to assure the honourable and learned member for Clare that he
would be ready to meet him on the subject whenever he
thought proper to bring it fully and fairly before the House.
Mr. BARING said that no country had altogether abandoned the
law of arrest, and he feared it would be impracticable to do so here.
Indeed there were so many shades of distinction between the honest
and dishonest debtor, that he almost despaired of attaining any le.
gialative measure by which the practice of arrest could be dispensed
with. In the course of his experience he found that the great ma-
jority of creditors did not press heavily or unjustly on their debtors,
and be believed in bankrupt cases there was an extraordinary degree
of laxity.
The petition was then brought up, and, on the question that it be
prinfed,
Mr. O'CONNELL rose to explain that, when he spoke of the le-
gitlatiee union between England and Ireland, he merely alluded to
the state of the bankrupt law in both countries. He bad no idea of
opening the question generally, but lie had in view the fact that a
late law had repealed a section of the Irish Act, while there was a
clause at the close of the new Bill, by which it was provided that no
part of the Irish Act should be repealed. It was now a question
how the law stood in Ireland until, he supposed, it would be de-
termined at the expense of some bankrupt's estate. lie had only
to say, if a remedy were not provided before next Session, by
thus whose duty it was to attend to the state of the Irish law, Ise
would, humble as he was, attempt to introduce one. He assured
the house in his allusion to the legislative union he had no intention
of discussing that subject, and lie bad no idea of debating in part,
as It was his intention to wait until he brought it forward in a re-
gular manner, if be thought fit to do so, and which would at least
not be within the present session.
Mr. DOHERTY explained that the clause in the English act
was bow undergoing an alteration, and until that was decided he ab-'
stained from correcting the error in the Irish act, which had not
moped attention.
The petition was then ordered to be printed.
THE law&
The SOLICITOR-GENERAL presented a petition front Louis
Levi, a person of the Jewish persuasion, praying that members of
his communion should be allowed to purchase and enjoy real pro.
peaty in this canny. He knew nothing of the petitioner person.
ally, but he erstood him to be a respectable man, and he felt
id
himself bon tlo present his petition, and also to state that he cons
caned with in thinking that the subject should be set at rest
by a dyclarniery law. He also wished to state that the gentleman did
not diiiire the elective franchise, nor the right of sitting in the House
of Commosik; and he represented that those of his persuasion, with
whom he had spoken, were of the same opinion.
Mr. C. YIIIIOUSSON said, in answer to the declaration of the
petitioner, bs could, on his own knowledge inform the House that
the great body of the Jewish persuasion were of a different opinion,
mid they Inked confidently to the Legislature for the same nmosare