Star.
London, England, 1826-12-05 00:00:00

HOUSE OF COMMONS.

At four o'clock the Sreasam took the Chair, and the House pro..
eel:tiled to swear in suck Members- as present:] themselves to take
the oaths and their seats.

Petitions complaining of undue Returns, were presented from
the Counties of Waterford, Galway, Westmeath, Dublin, Monag-
han, and Banff; also from the Boroughs of Treiony, Marlborough,
Wootten-Bassett, East Looe,' Sudbury, Maldon, Medley, St. Ives,
East Retford, and Dundalk. Those from Candidates were ordered
to be taken into consideration on the 12th of Janirary neat, and
those from other petsons on the 1:1th of January nett.
Mr. ABERCROMBY presented a Petition from the Commode-
sioners of Police far the Town of Leith, praying that the Pollee
Act granted for that town might be amended. The Hon. Member
obtained leave and brought in a Bill fur that purpose.
Mr. M. A. TAYLOR pee notice, that he would, on the 27th
of February, introduce a motion for the separation of the Office of
the Great Seal front ;bat of Speaker of the House of Poers.
A Petition was presented from the Roman Catholics in the
Diocese of Londonderry, praying that they might be relieved
from the disabilities under which they laboured.
Mr. SPENCE gave notice, that he would, t..morrnw, move icir
Returns from the Rolls and Vice Chancery Courts, similar to those
which he had Oven notice of motion for from the Exchequer Court,
in as fsr as they could be made by the Courts first mentioned.
Colonel TORRKNS presented a Petition, from Eight Thousand
Inhabitants of Great abd Little Belton, praying for a Repeal of the
Corn laws.

Mr. HUM .K presented a Petition from the Seven Incorporated
Trades of Aberdeen, praying for a Repeal of the Corn Laws, and
also that the House would Adopt such measures as would relieve
the country from the distress which generally prevailed.
The same Hon. Maissea presented sit similar Petitions from
the Town of Bradford and neighbouring places.
Mr. GEORGE PH ILLI PS prewittrd a Petition from the Pre-
sident and Vice. Presidents of the Chamber of Commerce at Man-
dotter, praying for a Repeal of the Corn Laws.
Mr. HUM l add that be bad 'pees requested to present a Peti-
tion which was one of great importance, if the Petitioner could
effect that which he stated himself to be capable of doing. The
Petition was from Mr. Gouda', who recommended to the House
the ask of rinkn of our Colonial territory in North America ; and
stated that if his suggestions were attended to, the minus raised by
such sale would enable the country to pay off the national debt in
fifty years—(Lasghter). The House might not be aware that the
Petitioner bad been in Canada for several years; and he (Mr.
Humes must say that Mr. Goodly bad written the best work re-
erecting that country be had met with. The Petitioner also stated,
that the land belonging to the United States, although inferior to
that belonging to this country, was regularly sold, and had for years
produced a Revenue of above one million of dollars although the
Exchequer of this country bad never received one shilling for die
silo of any of our land. The Petitioner, therefore, recommended that
competent Commissioners should be sent out to the Canadas to in-
vestigate the subject, and expressed his perfect confidence that
arrangements might be made in a short time, which would enable
Government to provide for one hundred thousand persons annually
without at all burthening the country. The Hon. Member re-
marked, that such a proposal, under existing drcumstances espet.
daily, should be taken into consideration and examined. The
Petition was meet respectfully worded; it appeared to him well
worthy of attention, and should the Committee on Emigration re.
mme its Sittings, be Would recommend it most particularly to its
notke.--Ordered to lie an the table.
TES SANititilPT ACT.

Mr. HOBHOUSE rose to present a Petition that set
forth a case of as great hardship as he believed had ever
been brought under the consideration of that House.—
It was a Petition from an individual named James
Hulme, a pawnbroker, residing in Museum-street,
Bloomsbury, against whom a commission of bankruptcy
had been issued without his knowledge—he not being
present—although at the very time he had property
sufficient to pay all his debts seven or eight times over.
Nor was that all, for the very complaining creditor had
at the time of the docket being struck, leases and Other
kinds of property to the amount of ten or twelve times
the amount he claimed from the Petitioner. The facts
as set forth by the Petition, were simply these :—The
Petitioner employed a Mr. John Joeph Tanner, an
attorney at law, of New Basinghall-street, to transact
some business for him, and that person delivered in a
bill of costs which it should be remarked, was nut signed
as it ought to have been. The Petitioner placed the
bill in the hands of Mr. William I-hinter, in order that
it might be taxed. On. Friday last a messenger from
the Commissioners of Bankrupts had taken possession of
the Petitioner's premises, notwithstanding that to thebest
°ibis knowledge 110 legal demand had been made on him
for the dept. He (Mr. Hobhouse) had taken some pains to
inquire into the merits of the case, and lie believed that
the circumstances were as stated. It was indeed true
that the complaining creditor did call on the Petitioner
for pa) ment of his bill ; but he called after 8 o'clock at
night, and that by Act of Parliament amounted to no-
thing ; and yet upon that a docket had been-struck. That
act too had been effected, although the creditor actually
had is his possession at the time, leases and title deeds of
property belonging to the Petitioner of full three times
the value of the debt he claimed. It appeared to him (Mr.
Hobhouse) most extraordinary, that when the Commis-
sioners sat, they did not send for and examine the al-
leged bankrupt, to know whether he really were insol-
vent or not. They, however, did no such thing ; but
they sent a summons, which was delivered, not to the
bankrupt, but to a boy in the shop, and not receiving a
proper answer, all that the Petitioner could afterwards
advance was of no avail. Therefore) because the Com-

rnissioners did not choose to examine the Petitioner he
was to be ruined, for there was too much reason to fear
that such would he the consequence of the proceeding.
He should like to hear from some of thecommissioneis
in that House on what principle it was, that a person
m
charged with having comitied an Act of B.inkruptcy,
should not be heard before such serious measures were
adopted against him ? It was well known that Com-
missioners received fees from the commissions they
opened, and although in that instance he did not mean
in the slightest to question the conduct of the Hon.
Gentlemen acting, yet it would be right that the utmost
caution should be used. As the case stood with the
unfortunate Petitioner, he would appear in tO.MOrtOW'S
Gazette, his trade would be injured, and he might per-
haps be altogether ruined. He trusted, that when his
Hon. Friend near him made his promised motion for
taking the jurisdiction of Ilinkrupt4 him the Lord
Chancellor, he would take god case not to leave it
with the Commissioners, but to lodge it ia st;ch hands
as would render full justice to all parties. He did not ai
all Meals to charge the Commissioners with li tying done
'any thing illegal--!ie fully believed that they bad not
—that they had acted in accordance with the law, but
the law appeared to itim to require alteration. The
Petitioner had no remedy. It_ might be said, that if
his statements were tine, he could indict the complain-
ing creditor for perjury ; but so peculiar were the cir-
cumstances of the ca e, that he (Mr. Hobhistise) did not
think such a step practicable. Again. lie might be told that he had
.bis remedy in an action at law. But the House would remember,
14t such a proceeding was both dilatory and expensive, and that
While it was going on, thsy Petitioner might be ruined. It might
also be said, that the Bankruptcy might be • superseded. but what
satisfaction would that be to the Petitioner after his trade had been
injured, his house daily pointed at, his credit shaken, and his pro-
perty reduced The case was altogether a most grievous one, and
he ‘rusted that those Hon. Gentlemen who had the power to
snake beneficial alterations in the laws of the country, would take it
into their serious consideration.

Mr. BANKES, jun. had no knowledge whatever of
the case before lie entered the House that evening ; but
having since seen the petition, he could venture most
confidently to assure the House of the great ability, ex-
perience, and high character of the Gentlemen who
acted as Commissioners in the case before its When his
Hon. Friend stated that the Commissioners of Bankrupt
issued a Commission he was mistaken. The Commis-
sion came from the Great Seal, by whom five Commis-
sioners were appointed (three forming a quorum) and
it became their duty to open the Commission. The
Commissioners certainly had the power attributed to
them by his Hon. Friend, but he (Mr. Bankes) thought
that the law in that particular was capable of amend-
ment. He was not a Member of the House at the time
the Act was passed, but if he had been one he certainly
should hive wished to make it necessary that a summons
calling the Bankrupt before the Commissioners, should
be issued. The House in the present case; should bear
in mind that the Palliator did not state clearly, that it was upon
the debt of the Attorney mended/al that the Commission had been
issued; and with,tespect to the lateness of the hour, at which ap-
plication was said to have been made for payment, if the facts
were as stated, there could be no doubt of its illegality. From
what he had aeon of the redden however, he wee strongly inclined
to believe that it contained many exaggerations, and that on further
investigation, his Hon. Friend would be of the same opinion.

Mr. HORACE TWISS bore testimony to the ability
of the Commissioners, and remarked that the Petitioner
evidently had his remedy, and if he sustained injury,
could recover. There were different ways in which he
might seek satisfaction; and, although the law might,
perhaps, be in some degree to blame, he (Mr. Yorks) thought it
would be injurious if every Bankrupt must of necessity appear be-
fore the Commissioners before the Commission could be opened.
Mr. BATLEY said, that from the stateatent of the Honourable
Member for Westminster, it would be difficult to conceive a more
hard or distressing case, or we which better deserved the consi-
deration of the House.

The Petition was then read, and ordered to lie on the table.
Mr. G. Dawson presented a Report from the Commissioners ap-
pointed to inquire into Public Cbarities.--Ordered to be printed.
Mr. Secretary PEEL gave no4ice of bis intention to move for the
appointment of a Committee to inquire into the state of the Police
lin the Parishes which adjoin the Metropolis, and in which great
outrages bad taken place on an early day after the holidays ; abs
for leave to bring in Bills to consolidate and amend the Laws re-
lating to Larceny and another offence, to the embezzlement of the
property of their employers by journeymen manufacturers, to dis-
putes respecting wages between master and journeymen manufac-
turers ; and for leave to bring In a Bill to repeal all the Acts which
these several Bills would supersede.
' Mr. ROBERTSON gave notice of his intention to move for
returns of the number and tonnage of British ships employed in the
trade to several countries during the years 1824, 1825, 1824, re,
spectively.