Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1868-05-22
L. $. Bankrupt Laws in England.


The American Law Register for April con
tains the following interesting article, written
by one of its editors, Hon. John A. Jameson,
of Chicago, upon the bankrupt law. The
successful working Of the law thus far
throughout the country is the best proof of
the merits of the law, and it is certainly
rare and high honor to its author, that it
should have been SO closely copied abroad, in
a bill which is likely to become the law Of
England.
Having been assured that the bankruptcy bill
now pending in the English Parliament, was to
great extent copied from the Act now in force
in the United States, we have taken some pains
TO authenticate a fact so honorable to American
legislation and rejecting such credit upon the
accomplished author of our act, the Hon. Thomas
A Jenckes, Of Rhode Island. The following is
believed to be a correct statement Of the facts.
Ever since the passage Of Lord Westbury's act
in amendment Of the bankrupt laws, in 1860,
efforts have been made each session Of Parlia-
ment, to rid it of some of its cumbrous and expen-
sive features, and to simplify its details, which
were found TO be almost burdensome as the
provisions Of the previously existing bankrupt
| laws. a special Committee was appointed to in
ouire into the working Of the law, which took
considerable testimony on the subject, and, IN
| 1865, after the first draft of our bankrupt bill
had been made public and had passed the House
| Of Representatives, made partial report recon-
mending amendments to Lord Westbury's act
| More than three-fourths OF these proposed
| amendments had already been incorporated into
| the bill before congress. That Committee ex-
| pired with the Parliament, but Immediately OF
the assembling of the new Parliament new Com
| mittee was raised. and at the session IN the sum
| mel Of 1866, after the bill which has since be
come the bankrupt law Of this country had pass
ed our House Of Representatives, a bill consoh-
| dating and amending all the English bankrup
laws was reported to the House Of Commons by
| Sir Rounded Palmer and Sir George Grey from
the Committee, which contained some other pro
visions similar to those in our law That bill
fell with the Gladstone ministry, but the Com
mittee was continued, and, in April 1867, aftel
our bill had become law, an entirely new bill wa
reported to the House OF Commons, and is nov
pending there, which closely resembles our law
in its structure and in the great majority Of it
details, and also in its analysis, method, anC
language.
MANY provisions Of our law had been takeI
from the English statutes of bankruptcy, witt
notifications of language and when these provis
ions were retained in the new bill, the new Ian
guage Of our statute also appears. The mos
striking point Of resemblance is in the machin
cry by which the law Is carried into effect Tn
English laws are administered by commissioner
and registrars, who have fixed places Of holding
Court and before whom ihe proceedings ar
dilatory and expensive. The simple device o
making the registers IN bankruptcy under oui
law movable, ike a Yankee Probate Court, anC
requiring them to act without delay, and to re
port regularly to the Court, and always to b
under control Of the Court, has made possible
the successful pratical working Of a bankrup
law in this country. The new English bill pro
yides for precisely such a system in England
A Court OF bankruptcy is established in LondoI
in the metropolitan district, and in the country
the county Courts are made Courts Of bankrupt
cy, Just like our district Courts, and the regis
trars or these Courts perform the same func
tons as our registers. The old commissioner
and registrars are not removed, for that would
require an naturalization to them by pensions
but they are tn perform, while they live, tn,
same duties as the registrars Of the county
Courts, and when they shall all have died out
the system will be homogeneous like ours.
Court of Appeal in Bankruptcy has the sam,
powers and jurisdiction as our Circuit Courts
There mas been almost a great difference be-
tween a registers court Of bankruptcy in thi,
| country and commissioners or registers court
in England. as between a Yankee Probate Cour
and the Court Of Arches, but our simple device
has commended itself to the learned lawyer,
charged with the preparation Of their new bill.
There are some provisions III the proposed
English Act which are new, and are decided
improvements on any other English system, but
which are not well adapted to the circumstances
of this country. These also seem to he encum-
bered with machinery which must prove dila-
tory and expensive in operation, and the bill wa:
recommitted to the committee for modification il
these respects and to report at the session to be
held during the present month February,
1859. It's expected that the bill viii be brought
before the House of Commons by the Attorney
General, and some explanation OF It's history and
composition may he expected in his opening
speech