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impurity. No company had ever been | warrant, has directed the discontinuance of formed for purchasing cotton in the interior, those special services which were appointed screwing it up, and sending it down to the for the particular days I have mentioned, coast. Jle thought if the gentlemen who it is right that the Acts of Parliament to wanted the article were to send their agents which I have adverted should be repealed ; into the country to do this, they might pur- and I, therefore, now beg leave to move chase cotton in any quantity, and of a that you, Sir, be directed to ask that leave superior quality. In conclusion, he might should be given to bring in a Bill to repeal state that he had grown cotton in India certain Acts, or parts of Acts, which relate himself, and he knew it could be grown to the observance of the 30th of January with a profit.

and other days. MR. J. EWART remarked that there Resolved, that the Chairman be di. was a necessity of greater irrigation in rected to move the House, That leave be India before the supply of cotton could be given to bring in a Bill to repeal certain expected to be much increased.

Acts and parts of Acts which relate to the Address agreed to: to be presented by observance of the thirtieth of January and Privy Councillors.

other days.

Resolution reported and agreed to : Bill THE QUEEN'S SPEECH.

ordered to be brought in by Mr. Fitz Roy, HER MAJESTY's Speech to be taken into Mr. SECRETARY WALPOLE, and Mr. Hardy. consideration on Monday next.

Afterwards, Bill presented and read 1°.

House adjourned at Six o'clock OCCASIONAL FORMS OF PRAYER.

till Monday next.







On the Motion of Mr. WALPOLE, Acts read, and ordered to be considered in Com


Monday, February 7, 1859. (In the Committee).

MR. WALPOLE: Sir, the Committee Minutes.] Public Bills.—1• Debtor and Crediwill recollect that during the last Session of

2* Law of Property and Trustees Relief AmendParliament two Addresses were mored-one by the other House of Parliament, and the other by this House - to Her Majesty,

BANKRUPTCY AND INSOLVENCY. praying for the discontinuance of certain DEBTOR AND CREDITOR BILL. forms of prayer on the 50th of January,

FIRST READING. the 29th of May, and the 5th of November. THE LORD CHANCELLOR said, that In pursuance of those Addresses, Her Ma- in rising to call the attention of their Lordjesty, by warrant, has now directed the ships to the subject of the Law of Debtor discontinuance of those forms of prayer ; and Creditor, he feared he should be but on the issuing of that warrant it was obliged to trespass upon their attention for necessary for the Government to consider a greater length than he could have wished. whether there were not certain Acts still in the subject he need scarcely remind the force which would forbid the exercise of House was one of great importance to all, that warrant, by reason of those Acts re- for the community might fairly be divided quiring the observance of those particular into two classes, debtors and creditors, and days. I find that there are certain Acts of therefore it was vecessary that the law Parliament- I think six, seven, or eight in relating to it should be made as perfect as number—in which no provisions are made possible. Their Lordslrips might rememfor any particular service or form of prayer, ber that at the close of the last Session he but in which directions are given to mi. bad laid upon the Table a Bill which at the nisters to observe those days, and to the time he said must not be regarded as empeople to attend church. In some instances bodying the ultimate views of the Governit is enacted that these days shall be kept ment, but rather as the redemption of a as holidays, and that all persons shall ab- pledge that some measure should be prostain from labour and trade ; in others, duced during that Session. That Bill had notice is required to be given on the pre- been prepared by his hon. and learned ceding Sunday that these days are to be Friend the Attorney General, and it was kept as holidays. I think the Committee more wonderful, notwithetanding his known will agree with me that as Her Majesty, by industry and ability, that his hon. and learned Friend had found time amid his ' schedule of a day appointed for a final multifarious occupations to draw any Bill hearing of the case. Upon that day if at all than that that Bill should have failed the creditors offered no opposition, or if to be entirely in accordance with the views they opposed unsuccessfully, an order is of those who would be responsible for if it made for the insolvent's discharge ; but passed into a law. In fact, he (the Lord before his adjudication he is required to Chancellor) had invited their Lordships to execute & warrant of attorney, under accept that Bill rather as a guide to the which the creditors are enabled to issue general direction in which the Government execution against any property which he proposed to legislate than as a complete and may subsequently acquire. There is no perfect measure. During the recess the compulsory power in the Court to force an attention of the Government had been insolvent to file a petition, but if he does bestowed upon this very important subject, not do so within twenty-one days a creditor and he hoped they had now succeeded in bas the power of presenting a petition to preparing a measure which would receive the Court, praying that the property of the the sanction of Parliament. Upon this sub. I prisoner may be vested in the provisional ject there were many conflicting opinions to assignee. Upon that petition a vesting weigh, many hostile interests to reconcile, order will be made, and then it becomes and various views both of theorists and prac- the duty of the debtor to file a schedule, tical men to be considered; but he hoped the but there is no power to compel him to result of the deliberation of the Govern- do so ; therefore, if a debtor is obstiment would be found satisfactory as well to nate, and chooses to stop in prison, he can Parliament as to the mercantile commu- act in defiance of his creditors, and spend nity. In order that their Lordships should his property as he pleases. That Act apthe better understand the questions to be plies to persons of every description, wheconsidered, he would briefly explain what ther traders or not, and whatever the was the state of the existing law. At amount of their debts may be. Shortly present the laws relating to Insolvents and after the passing of that measure the " Protheir estates were administered by two tection Acts," to which he had previously distinct and independent tribunals, - the alluded, were introduced. The jurisdiction Insolvent Debtors' Court and the Court under those Acts was at first given to the of Bankruptcy. The Insolvent Debtors' Bankruptcy Courts, but by an Act of the Court might be regarded as having bad 10 & il Vict. it was transferred to the its authority confirmed upon its present Insolvent Court in London and to the footing by three Acts of Parliament pass-County Courts in the country. The mode ed during Her Majesty's reign, — the of proceeding under those Acts is, that 1 & 2 Vict. cap. 110, popularly known a debtor presents a petition applying for as the “Prisoners' Act,” because only protection, and at the same time files a persons in custody could have the bene- schedule of all his debts and assets as fit of its provisions, and two other Acts under the Prisoners' Act. This petition of the 5th and 6th of Victoria, and oug'it also to contain a proposal of some the 7th and 8th of Victoria, generally mode of liquidating his debts. Upon the known as the “ Protection Acts.” Under filing of the petition the property of the the 1st and 2d of Victoria a prisoner in debtor ipso facto vests in the official actual custody might, within fourteen days assignee. A day is then appointed for from the commencement of his imprison. the hearing and notice given to all the ment, apply by petition to the Commissioner creditors. Upon the appointed day, if the for bis discharge. In the petition he must conduct of the debtor has been blameless, express his willingness that all his property or his debts have not been incurred within of every description shall be vested in the any of the prohibitions of the Act, the provisional assignee. Upon that petition Commissioner is empowered to award a vesting order is made, and within four final protection ; but if dissatisfied with teen days from that time the petitioner is the insolvent's conduct, he may in the required to file a schedule containing the first instance refuse to appoint any day for amount and particular description of all the final hearing, or upon the day of final his property of every kind, including debts hearing he may, on the opposition of the due to him, and also a list of the debts creditors, refuse to grant any final order. owing by him, with the names and de- The debtor may afterwards apply for a scriptions of the creditors, Notice is protecting order, which the Commissioner given to every creditor entered in that can grant or withhold at his discretion. During the withholding of protection the view was also established under the operdebtor is at the mercy of his credi- ation of the Act as a Court of Appeal, tors, but the Act contains a provision from which tribunal, however, a right of that no insolvent shall be detained in appeal lay to the Lord Chancellor, and uncustody at the suit of any creditor entered der certain circumstances to the House of in the schedule for a longer period than Lords, without the necessity of submitting twelve months. The “ Protection Acts” the case to the Court of Chancery in the apply both to traders and non-traders, the first instance. With respect to the counlatter being unrestricted as to the amount try Commissioners, he might state that it of their debts, but traders owing less than was enacted that they should be appointed £300 are alone qualified to petition. He by the Lord Chancellor upon the nomina(the Lord Chancellor) had been under the tion of the Judges of the different Circuits, impression, and he believed it was one and in 1842 there were 700 of those Comgenerally entertained, that practically the missioners, who presided over 140 dis. Insolvent Acts applied only to non-traders trict Courts. He might further state and the Bankrupt Acts to traders ; but a that the Court of Appeal had, after a communication which he had received from short trial, been found to be useless ; one of the Commissioners of the Insolvent that it had in consequence been aboDebtors' Court had, to his great surprise, lished ; that its jurisdiction had at first shown a very different state of facts. It been transferred to a Vice Chancellor, appeared that in London from the 1st of and eventually to the Lord Justices, and January to the 12th of December last year the Lord Chancellor, who now, sitting there were 1,024 protection cases, of which either together or separately, constituted no less than 816 were cases of traders, the Court of Appeal in Bankruptcy. In while the small residue only were the the year 1840 a Royal Commission had petitions of persons who had not been been appointed to inquire into the state of engaged in trade. In the country the the bankrupt law, and to suggest the infacts were still more surprising; for it troduction of such amendments into it as appeared, from a return of country cases they might deem to be necessary. That during two years and a half, that of 4,230 Commission issued a very elaborate Reapplications for protection, only fifty were port, in which they recommended, among those of non-traders. Had it not been for other things, that the country Commisthe existence of the Protection Acts, all sioners should be reduced in number, a those humble traders would have been recommendation which was acted upon, compelled to go to prison in order to ob- their number having in 1842 been ditain the benefit of the Insolvent Act, or minished to a maximum number of twelve. they must have had their affairs arranged The Report contained various other recomby the expensive process of the Bankruptcy mendations also, some only of which were Court. Having thus explained to their Lord adopted. In 1849, however, the whole of ships the position in which the law of in- the bankrupt law had been reviewed, and solvency now stood, he should proceed to all its provisions had been consolidated in introduce to their notice the state of the one Act, which comprised the existing code existing law with respect to the adminis- upon the subject. That was done under tration of insolvent estates in the Court of the sanction of a Select Committee of their Bankruptcy, which might be considered to Lordships' House, and he thought he could bave assumed its present form of jurisdic- not give a better illustration of the diffition in the year 1831. Previous to that pe- culty and delicacy of dealing with this subriod the estates of a bankrupt were adminis- ject than by stating that this measure, tered in London by seventy Commissioners, framed with so much care, and which had composed of barristers and solicitors, whose received so much of their Lordships' attennames were distributed over several lists, tion, worked so little to the satisfaction of and before any one of which it was at the the community, that within four years afteroption of the person who had the con- ' wards, in 1853, another Royal Commisduct of the Commission to choose the sion was issued to inquire into and report Commissioner to whom he desired the upon the amendments that might be case to be submitted. By the Act of thought necessary in the Law of Bank1831, however, those seventy Commis- ruptcy, and to ascertain whether or not it sioners in London were reduced to six, stood in need of amendment. At the head which constituted at present the maximum of that Commission was his right hon. number in the metropolis. A Court of Re- Friend the Secretary for the Home De

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position by saying that his Bill was meant, everybody would deplore ; but whether it not to consolidate the entire law upon this was an evil that must be submitted to in subject, but to be a patch on the existing order to obtain great advantages was a system. His noble and learned Friend question for further consideration. looked forward to a complete consolidation would say no more on the present occasion, of the law at some future period; but why except that he thanked his noble and was it to be deferred? His noble and learn- learned Friend for introducing the measure. ed Friend had the opportunity now within Bill read la. his grasp, and not to avail himself of it House adjourned at Seven o'clock, until would cause great disappointnient to all

To-morrow, half-past Four o'clock, persons who took an interest in the amendment of the law. The existing Bankruptcy and Insolvency Acts contained between 200 and 300 sections, and as his noble and learned Friend's measure proposed to repeal or alter about 150 of them,

HOUSE OF COMMONS it would be quite as easy to reconstruct

Monday, February 7, 1859. while improving the law; and he hoped it Minutes.) New Wait Issued.-- For Oxford Uni; was not too late for his noble and learned Friend to apply himself to the larger and

versity, v. The Right Hon. William Ewart

Gladstone, Lord High Commissioner of lonian more desirable work. First thoughts were Islands. often the best, and he thought the scheme Public Bills.—1• Superannuation; ManorCourts, proposed by his noble and learned Friend &c., (Ireland) ; llighways ; Markets (Ireland); towards the conclusion of last Session was,

Sale and Transfer of Land (Ireland); Lunatic on the whole, a better one than the pre

Poor (Ireland); Receivers in Chancery (Ire

land), Abolition, &c.; Tramways (Ireland); sent. The improvements his noble and Endowed Schools. learned Friend had suggested were cer

2° Occasional Forms of Prayer. tainly very considerable, and seemed to deserve the approbation of their Lord- THE QUEEN'S SPEECH- ANSWER TO ships; but still he thought, instead of

TIE ADDRESS. amending the existing system, they should

THE COMPTROLLER OF THE HOUSE. have a new code by which they might hope HOLD (Colonel Fonestek), reported HER to place the law of debtor and creditor Majesty's Answer to the Address, as folon something like a satisfactory footing. lows:

LORD CRANWORTH said, he would not enter into any discussion either on the your loyal and dutiful Address.

I have received with much satisfaction merits or demerits of the masure, reserving it for future con

As regarded

I rely with confidence on your careful the question of

amendment, consideration of the Measures which will lidation and be submitted to you ; and I shall at all you were con- times be ready to co-operate with you in 10 amendments improving and strengthening the Instituor very small, it tions of the Country, and in promoting

the pmendments
betler but when there the happiness and prosperity of all classes

si- of My Subjects.



QUESTION. will and pa

ame MR. T. DUNCOMBE: I wish to put -a cor and sat

ccess- a question to the right hon. the Chancellor

in the of the Exchequer on the subject of the se of t

s' Act of Reform Bill.

On the first evening of our aust Ses

n in the Bill meeting the right bon. Gentleman stated which

whilst on the that the Government were ready with their good deal as to new reform measure ; but the right bon. considerable doubt. Gentleman also added (** Order!") -- I am should be able volun- trying to make my question intelligible to nefit of the Bankrupt the House. scot-free, was a thing

MR. SPEAKER : The hon. Gentleman Dell

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must not enter into any argument in put- reading before Easter. As Easter is ting a question.

rather late this year, if the second reading MR. T. DUNCOMBE : No, Sir, I meets that reception which we fondly annot doing so. I am only stating the ticipate, the House will have the opportunity reasons why I ask the question. The even of making progress in Committee on right. hon. Gentleman added that the the Bill before that time. Bill would not be brought in until other MR. BRIGHT: Perbaps I may be almore important business of the country lowed to ask another question. Permit me was disposed of. That has led to some to say that what the public require is time misconception and some misunderstand to consider the Bill before it comes to a ing on the subject, and to considerable second reading. That is an essential thing. misgiving in the public mind as to when I would therefore recommend-(" Order!") the Bill will be introduced. As I have no Well, if I may not recommend the Chandoubt all this can be removed, the question cellor of the Excheqner, I will ask him I have to ask the right bon. Gentleman is, whether he will name a day now, or state whether it is the intention of Her Majesty's when he will name a day, when the Bill Government during the present month to will be introduced ? Because I presume introduce their Bill for the amendment of that not more than one night will be taken the representation of the people ?

up in the introduction of the Bill. THE CHANCELLOR OF THE EXCHE. THE CHANCELLOR OF THE EXCHEQUER : The only question which was ad- QUER: I think I have clearly answered dressed to me the other night upon the the questions that have been put to me. subject was, whether the Government were It is not in my power to name precisely prepared to bring in their Reform Bill the day when the Bill will be introduced"; immediately; to which I replied that it was ; but I shall give fair notice, and shall take not their intention to bring it in imme- care that there is ample opportunity for diately, as there was other important and consideration between the introduction and urgent business which required the attention the second reading. of the House. 1 indicated at the same time some portion of that urgent business; ARMY CIAPLAINS (INDIA).--QUESTION. and though it would be presumption to say MR. KINNAIRD begged to ask the how long that business would occupy the noble Lord the Secretary of State for attention of Parliament, the natural in- | India what permanent increase to the reference from what I said when I referred gular Bengal establishment of chaplains to to the Navy Estimates and to some Votes the Protestant troops had been made during being taken in Committee of Supply to the last twelve months, and whether it was enable my right hon. Friend (Sir J. Paking the intention of the Government to make ton) to make his statement, and to bring any further permanent increase, in conseforward the measures which he deems quence of the probability of a much larger necessary, was that the delay would not be number of British troops thau formerly very considerable.

There is also other being kept in India ? business also of an urgent character, of LORD STANLEY said, that up to Sepwhich my noble Friend near me (Lord tember, 1857, the permanent strength of Stanley) has given notice. The House the establishment of chaplains of the Church can probably form an opinion of how much of England was in Bengal 68, Madras 35, time will be occupied in ihe discussion on In and Bombay 26; making 129 in all. Since dian finance. The House is as good a judge that time they had been increased from 68 as I am of the time which these measures to 80 in Bengal, from 35 to 40 in Madras, will require for their fair discussion. When and from 26 to 30 in Bombay ; making they are settled, it is my intention to give 150 in all, or an increase of 21. The notice of a day when I shall have the whole of that increase, except 6 of the honour of bringing forward a measure for chaplains added to the Benyal establishamending the representation of the people. ment, had taken place within the last The hon. Gentleman will understand that twelve months. In addition, 10 superit is not in my power to fix the day; but, numerary chaplains had now been sent out taking a general view as to what will be to meet the urgent wants of the troops, who the progress of business, not only is it our were not placed at once on the permanent intention that it shall be brought in before establishment, but would be absorbed into it Easter, but we contemplate taking the as vacancies occurred. There had also been opinion of the House upon the second an increase of Presbyterian chaplains of

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