The Statesman.
London, England, 1818-05-28 00:00:00

;CBE STATESMAN_

into it. Bot the House would suffer him to state
shortly the opinions of •certain individuals Ole Com•
niittf bad Egli an opilirtiini;y-of eximining,
from their high professional character, must be
supposed escellently 4aalieed to take a correct view
of the subject. Messrs. Montagu, Cooke, and
Cullen, concurred in thirikirphal a material change
In the Bankrupt Law - was indispensably neces-
sary. The first of thine. Clentlesneo, who had
been a Commissioner above twenty years, gave
evidence before the Committee to this effect :—that
there were persons in the City of London who car-
ried on a regular trade of
.proving the debts of fic-
firms creditors—and that the entire system of the
bankruptcy was a combination between the petition-
ing creditor and the bankrupt. Ile could adduce a
further authority in the fiord Chancellor of England:'
Having occasion to offer some remarks of censure
on a very gross case that came before him, in
1801, his Lordship concluded by saying, that en.
Jess the Court kept a tight hand over bank-
rupts, bankruptcy would soon become as great
nuisance as any in the land. After this, it would
not he considered necessary to produce stronger
testimony. The first opinion of the Committee he
would allude to, related to the narrowness of the
esisting laws, in the means of making bankrupts.--
A person might pass bill for hundreds of thousands
of pounds in certain cases, without a possibility, of
being made a bankrupt. To 'Vend the remedial in-
fluence of the Laws in that respect was one of the ie•
commendations of the Committee. The Report nest
proceeded to consider'the acts of bankruptcy. The
only one heard of now.a.days was the bankrupt's
denying himself to one of his creditors, and as that
was (Pettily done, and as ninety-nine bankruptcies net
of a beindred were precencerted between the debt*,
and pititioning creditor, this gave the bankrupt the
power,• at any time after the proceedings had been
commenced, of overacting any thing done, and ran.
dering all invalid. Reasoning from this, the Cote-
mittee gave it as their opinion, that it was exceedingly
improper there was not some mode of making bank-
rupts different from the present. Another act of
bankruptcy was, being arrested for debt, and lying
in prison two months without finding bail. But the
mischief in that case was, that the debtor had it in his
power to defeat the object of the arrest, by going to
jail and disposing of his property beyond his credi-
tors' reach before the two months ezpired. The Corn.
mittee were oferpinion, that when a man with honest
intentions found himself to be insolvent, he should
have a power to make himself a bankrupt. To effect
this was one of the provisions of the Bill—and it di-
rected that a trader, being insolvent, and desirous to
have a fair distribution made of his property, should
lodge with the Secretary of the Bankrupt Commis.
sinners a paper stating that fact, which should have
the same effect as the striking of a docket by a cre-
ditor. ft was advised also, that keeping a shop shut
for seven days together should lay a foundation for a
bankruptcy, as should remaining in prison on civil
process for 14 days. Another great defect under the
existing laws was, the inability of securing the bank-
rupt's books, papers, Sm. By the law there was an
officer to attend to that, called a messenger ; but he
was appointed by the solicitor to the bankruptcy,
and was not a free agent. The duty, besides,was never
performed by himself, bat by some poor fellow out
of the street, for the fee of a few shillings, who
lived with the bankrupt's servants, and was
no sort of check on their master. This Bill made
the messenger independent of the solicitor. Guild-
hall, where the Bankrupt Laws were administered
for London, was more a place of confusion than one
fit for the transaction of serious business. The Com-
mittee thought it was quite necessary that some other
building for the purpose should he immediately
erected. As a remedy for the greatest mischief, they
recommended, that any debt to be proved should be
declared by the creditor to the solicitor four days
before the day of proof. The Bill conferred on
the Commisdioners a power of rejecting debts dis-
covered to be fraudulent, after supposed proof,
which they did not et present possess. The bank.
rapt business was conducted in Scotland according
to the provisions of an Act passed in the year
1814, and the system there was perfection itself
to *hat it was in England. There an Officer, called
s trustee, collected thedebts, and give security for
the due perforinance of his duties. The Committee
most strongly recommended the appointment of an
officer similar to the trustee, to be called an agent.—
The Bill required the bankrupt to attend all the
meetings of the Commissioners and the agent, under
the penalty of losing the protection of the Commis..
sioners. 7ro operate as a check on folly and Imtra•
ravines., the Committee recommended that no debtor
should be allowed a certificate, unless, as was for.
merly required by law, four-fifths of the creditors is
number and value signed it. They thought, too,
that it would be very beneficial to make it part of the
dirty of the Commissioners to enquire into the con.'
duct of the bankrupt. Above all things, they re-
commend this, that no certificate should be signed by
the Commissioners till the whole affairs of the bank-
rupt were fully investigated. There was oast other
subject to which he wished particularly to call the
attention of the House. It was the infliction of ca-
pital punishment on fraudulent bankrupts. That
enactment, so far from having any good effect, did,
by its severity, prevent, in many instances, the in.
fliction of any punishment whatever en the bankrupt.
With respect also to the allowance made to bank-
rupts, it appeared to the Committee that some alte-
ration was necessary. It was at present a mere trifle
—and he was convinced, that, by granting a more
liberal allosisnce, much good would, be effected.—
The Committee conceived, that something about five
per cent. should be granted to the bankrupt—but the
allowance, In no instance, to exceed $OOOl. That
sum might ippetr'very large—hut, when it was con-
sidered, that, in many bankruptcies, the individual
had an opportunity of assisting the assignees to an in-
finitely greater amount, no fair objection could be
advanced against it. The Committee were also of
opinion, that farther protection should be granted
to assignees, who were, at present, exposed to harass-
ing and vexatious suits. It must appear plain to the
House, after the evidence of Mr. Cullen, and, other
Gentlemen, that a considerable alteration ought to
be made in the constitution of the Board of Com-
missioners of Bankrupts—which, it was admitted,
was at present most ill-coostituted. The Committee
were of opinion, that Commissioners should be ap.

pointed in large districts throughout thescrontrys.s•
an ides that had been thrown out by Lord Chan.
cellor Rosalyn, who made an potter for that purpose.
To this it was objected, first, that the appointment
of Commissioners in particular disericts would give a
priority of proceeding to the country Over the town
bankrepts; and next,..itirktit.xonold give to the Lord.
Chancellor a degree of patiOnage that ought not to
be conceded to him. He, however, was convinced,
that the principle of this order might be advan-
tageously acted on, provided certain modifications
were adopted. The Honourable Gentleman having
gone over the principal points contained in the Re-
portt!atist, be hd a debt of honour and of
gratitude edto pay that
to thaose; professional individuals
who had Riven evidence before the Committee, and
who bad sacrificed the' time which otherwise would
have been devoted to' their professional avocations,
in affording information on this most important sub-
ject.—( Hear, hear!)—The Hon. Gentleman con-
cluded with moving for leave to bring in a Bill to
alter and amend the Bankrupt Laws.
Sir J. NEWPORT observed, that it was abso.
lately necessary to make some efficient alteration in
the Bankrupt Laws. As the law now stood, it was,
in fact, worse then no leer at all. The frauds latter-
ly committed under the existing system called loudly
for the interposition of the Legislature.
Mr. WROTTESLEY paid a high compliment to
the Committee on the Bankrupt Laws, for the talent
and perseverance they displayed in conducting this
most important' enquiry. He most, however, ob-
serve, that, without the assistance of professional
men, they never would have been able to arrive at
the molt they had done. Ile did not think the coo-
stitution of the Board of Commissioners was so de.
fective as had been stated. If a convenient place
were appointed for them to meet in, their duties
would be promptly executed, and the Public would
be greatly benefited. The Corporation of London
believed Guildhall to be the best place for meetings
of creditors ; but, in his opinion, if some place,
between Guildhall and Lincoln's Inn, were purchased
for the purpose, it would be much better. Fund-
wars Inn appeared to him to be a proper place, and
it could he procured at a moderate expellee.
Mr. LOCKHART also bore testimony to the pa-
tience and ability displayed by the Committee, with
most of whose suggestions he entirely sgreed. He
was happy to find, that the true principle, that of
rendering it, on the whole, advantageous to the bank.
rapt to make a full disclosure of his atigirs, instead
of proceeding against him by a criminal prosecution,
the severity of which defeated the object the legis-
Ware had in view, was recommended as proper to be
acted on.
Mr. FINLAY said, the copying of the Scotch
Code, respecting the trustees and creditors, would,
he was convinced, be found to operate most benefi-
cially.—Leave was then given to bring in the Bill.
A Message from the Lords stated their Lordships'
Assent fo the Paper Duty Bill and the Bank Restric-
tion Bill, without any amendments; and also that
their Lordships had passed a Bill for amending the
Regency Act, to which they required the Assent rag
that House.

REGENCY BILL.
Lord CASTLEREAGH rose to move the G►st
reading of the Regency Bill, observing, that it was
his intention also to move, that it should be print-
ed, and that the second reading should be fixed for
Monday.
Mr. BROUGHAM observed, that he bad given
notice of a motion for Monday, upon the subject of
Charitable Funds, which, from its importance would,
he apprehended, occupy the whole of the day. But,
as the motion of the Noble Lord would interfere, he
would postpone his motion until Tuesday, hoping the
lion. Baronet, whose motion upon the subject of
Parliamentary Reform stood for that day, would
consent to postpone it.
The motions of Lord Castlereagh were agreed to.
CORRUPT INTERFERENCE WITH POPULAR
ELECTION.

Mr. BROUGHAM rose to call the attention of
the House to what must be regarded as a most fla-
grant attempt to interfere with the rights of Election.
Here the Learned Gentleman read a notice lately
circulated in %%testatorlend, from the Clerk of the
Commissioners for assessing the Laud Tee, of which
the following is a copy :
" To the Apse‘ mint of the {And Tot for the Township of —.
" Take notice that ‘ott ate not to stake out. any avietannent
of the Land Tait sill farther notice. " I am *yours, he.
"Kendal, 9th May, ISIS. "JOHN THOMPSON. Clerk."
Gentlemen were aware, that if the Freeholders
were deprived of an opportunity diming themselves
assessed to the Land Tax, they. Must be virtually
disfranchised. 'there were two ways in which a no-
tice of this nature might operate—WC, if Freeholders
were not assessed sic months before the Election,
they were not entitled to vote. If it were said that
the dissolution would take place so soon, that this
was a trick without an object, he would answer, that
he did not know that the dissolution would take
place so soon, and that it might be postponed to such
a period as would give a mischievous operation to
this trick. But there was another mode in which
this notice might have a bad effect. It was notori-
ous, that if the Land Tam were redeemed, there
would afterwards be no occasion for assessment ; but
then that redemption could not take place without
previous assessment, and this circular was therefore
calculated to prevent such redemption. It was
clear, then, that this circular had a direct tendency to
operate against bona fide voters, by precluding
them from putting their names upon the register
of assessment. This notice formed, in fact, one
of the grossest attempts to defraud men of their
right of voting, that ever, perhaps, was brought under
the consideration of that House. But the attempt was
still more to be reprobated, in consequence of the
quarter from whence it came. According to the
established law of the country, any person concerned
in collecting the lases was forbidden, by severe pe-
nalties, from interfering in elections. Any such
officer, indeed, interposing in any degree with elec-
tions, asking an elector to vote or not to vote, was
subject to a pecuniary penalty, as well as to be dis.
missed from his office, and incapacitated from holding
any office under the Crown for ever afterwards. But
how much worse was the Tal-office who took such
steps as must render it impossible for electors to vote
at all? and such was the tendency, if not the inten-
tion, of the notice which he had jest read. This
. notice involved, indeed, not only a breach of the