to do for their large salaries. Such was the impression on the minds of others. A few nights ago his hon, and learned friend said, with some degree of exultation, that one of the most learned of the commonlaw Judges had consented to fill the office of Lord Chief Justice of this new Court. No man could entertain a higher degree of respect for this learned Judge than himself, and every man would admit his claims as a person of eminent talent, extensive legal knowledge, and great industry. It should not be forgotten, however, that this learned Judge retired from the Court of King's Bench to the comparative ease and quietness of the Exchequer, as he found the duties of the former Court too onerous for his advanced years. Since the appointment, however, of Lord Lyndhurst to the Chief Justiceship of the Court of Exchequer, and the throwing open the Court, there had been such an influx of business, that it could no longer be called the seat of ease. The learned Judge, then, to whom he had alluded, was to be appointed to the Chief Justiceship of this Court, and, if the business of this office were great or burthensome, it was not very likely that he would accept it. This salary, however, of 3,000l. a-year, with comparatively nothing to do, could not but prove to be very agreeable. The four Judges of this Court would have to hear the bankruptcy petitions, and to try issues on points of that nature. The Vice-Chancellor heard all the bankruptcy petitions in thirty-five days, and it was not very probable that it would take these Judges a longer time than that, for there would not be more petitions to hear than the Vice-Chancellor heard, as that learned Judge heard all that there were. Again, on the average of a number of years, there were not twelve issues on questions of bankruptcy tried in our common-law Courts. The Court, also, from its constitution, would become stagnant, and decline in public estimation; and, in consequence of the smallness of the business, the legal knowledge of the Judge would diminish, and might become obsolete; and the professional character of the practitioners in it would not be of the highest order. He admitted that the bankruptcy system required alteration, but he objected to the proposed new jurisdiction as inexpedient and inefficient. It was establishing an inferior jurisdiction in the place of one of high importance, and it could have no beneficial operation, but, on the contrary, it would dwindle into insignificance, and be productive of mischief. The great protection which a trader now had against his being unjustly made a bankrupt, consisted in his right to try, by an action at law, the validity of the commission which had been sued out against him. For the trial of such actions no tribunal was more fit, or so fit, as the superior Courts of common-law. He should be sorry to see their important functions delegated to the new Court, which would prove to be as unsatisfactory as it was unnecessary. He would not be understood to advocate the existing administration of the law in bankruptcy, because he disapproved of the mode in which it was intended, by the present Bill, to alter it. Why make a complete change in the machinery of the Court? If it was necessary, were there not Masters in Chancery to whom matters of this nature could be referred? Were there not the present Commissioners, some of whom were amongst the most able men in the profession? Had they not a Vice-Chancellor as a Judge of Appeal, instead of referring every question to the Lord Chancellor? And, also the fifteen common-law Judges for the trial of issues? Why was it necessary to constitute this new Court with such expensive and complicated machinery? No man was more pledged to the improvement of the law than he was, and, when he left office, he explained to the House, in a long speech, the alterations and amendments which it was proposed by the late Administration to make in the law, and the House would recollect that the important subject of bankruptcy was not omitted in the detail he then made. The object he intended to effect was, in the main, that which was sought by the present Bill; but he proposed to attain it in a very different manner. He never contemplated the severing the jurisdiction in bankruptcy from the Great Seal, but to reduce the number of the Commissioners, and to place the duties at present discharged by the seventy in the hands of perhaps twenty; to retain the valuable assistance of the Masters in Chancery, and to make still greater use of it, in order to relieve the Court, and decrease the number of appeals, and, above all, not to part with the privilege of trying actions in the superior Courts. The change which he contemplated might have been effected without expense, and without any such increase of patronage as the present Bill proposed. He never con- | which he could not avail himself of. The templated the forming a new Court, with French law, however, on the death of a a Chief Justice aud Puisne Judges, Com- parent, directed-with the exception of missioners and Registrars, at salaries one share-an equal division among the amounting to 26,000l. a-year. It must younger children, and a double portion to be universally admitted, that a more op- the eldest son. This was most objectionportune moment for the passing of this able, and, even if for no other reason, a Bill could not occur than the present time, father ought to have the power of profor the attention of the public was so tecting himself against a prodigal son. strongly directed to other topics, that An extreme case like that of Mr. Thelhardly any regard had been paid to this lusson-where a father left all his property Bill. It ought to have been brought in from his family, unless at the end of a and left over until next Session, when time certain time a heir-male should be alivewould have been allowed for its consider- could be no justification of such a rule as ation by the country, instead of its being was laid down in the French law. But hurried in the way in which it had been. to return to the subject immediately before Again, it was most objectionable to deprive the House. He contended that it was the creditors of the care of the property against the very principle of the law of of the bankrupt, and to place it under the England, to adopt the course now laid control of official assignees. The Lord down in this Bill, relative to the appointChancellor was afraid, however, that the ment of official assignees. Because the creditors might neglect their own interests; assignees appointed by the creditors somefor he said, "We must not let the unfor- times violated their trust, it was proposed tunate creditors place confidence in one to take from the creditors the management of their own body, for there is a chance of the property of their debtor, in which that he may deceive them; let us, therefore, they must feel great interest, and give it take charge of the estate." Accordingly, to assignees to be appointed by the Lord the Government were to appoint thirty Chancellor. Then it was obvious, that persons to perform this duty of official as- these thirty official assignees would have signees. He had thought that everybody enormous salaries in fees, for they were to had agreed that it was desirable to leave receive five per cent on the money colthe management of a man's affairs in his lected out of the bankrupt's estate. own hands, and the same rule should apply might appear a small sum, but when the to the creditors in a case of bankruptcy. estate was large, the money that would He was ready to admit, that great frauds accrue would be enormous. He reand abuses were committed by persons membered a case of the bankruptcy of a acting as assignees; but this could have Mr. Powell, where the debts collected been prevented without establishing this amounted to 780,000l. Now if, when machinery. Why not allow the Lord this Bill comes into operation, any Chancellor or the Commissioners of Bank- merchant should fail for such a large sum rupts to remove assignees in case of the as that, any one of these assignees would non-performance of their duty; and why come in for upwards of 30,000l. He was not modify the law, so as to render the so convinced, that the remuneration of the punishment in cases of fraud more cer- official assignees would be enormous, that tain and expeditious? This part of he was inclined to request his hon. and the Bill would lead to the greatest learned friend, if his praises of the Lord abuses, and would produce much mis- Chancellor should gain for him, as they chief. He objected to the Government ought, the favour of his Lordship, to exerinterfering in any case in which the cise a little of his influence in favour of property of individuals was at stake-of him (Sir Edward Sugden), for he should course, he exempted the property of like of all things to lay down his more minors and lunatics-or of preventing any laborious occupation, and take up for the disposition that a man chose to make of rest of his days with the post of official his own. He had always regarded this as assignee. One of these thirty official one of the chief blemishes of the French assignees was to be tacked to every exlaw. There was hardly any mode in isting commission, and the existing assigwhich a gentleman of England could not nees were to pay over the money to him. dispose of his property. There was no This was an insult to men of character, mode of dividing it among his family respectability, and education, which they Third VOL. VIII. {s} C This would not bear. Could it be expected |pointment of those 200 or 300 individuals that an honest assignee a man of justice were given him, as well as the influence and integrity-a creditor, who had been this Bill would give, an immense degree appointed under an Act of Parliament-- of power, to be exercised over all the would relish being turned out of his office attornies and all the barristers in Engin this manner, and being obliged to hand land, would be vested in him. This was a over every single shilling he had received? power which should be given to no man, But to what restrictions were these official and the present Lord Chancellor ought to assignees to be subject? In the first place, form no exception. The Reform Bill had good security would be required. It was placed more power in the hands of the absurd to talk of sufficient security, for country attornies than they ever possuch enormous sums as these persons might sessed, and if that Bill should pass, these receive, which, in some cases, would dangerous powers would be still more inamount to hundreds of thousands of creased by the Bill now under discussion. pounds. He did not insinuate anything Under that Bill it would be necessary for against the character of these official the overseers to employ an attorney, in assignees; they would be gentlemen of order to make out the lists; when the good and proper politics. The noble Lord lists were made out, the attorney must go said so that was certainly something before the barrister to argue the case-for but men who were to exercise such a a barrister must not-over whom he will control as this, ought to possess even possess a most considerable degree of ingreater merits than that. If a man were fluence, and if the barristers were to go to give security for 10,000l. and then on their own circuits, it would be still received a very large sum-perhaps more objectionable, and this influence 100,000-what remedy would there be would be increased. The attorney would if he were to take it into his head to pro- possess an interest over the barrister, he ceed to Calais by steam, or some such would make up the lists, and if this Bill quick conveyance? Would not the passed, the attornies would have a greater creditors say in such a case, that it would power over the elections of this country have been better for them if the Lord than ever was possessed by any class or Chancellor had allowed them to take care body of men. Now, as this Bill gave the of their own interests, and would they not Lord Chancellor again great influence have a right to say so? What would the effect over these attornies, who possessed so of this Bill be, so far as regarded country much power, the Lord Chancellor and his attornies. In that respect, it was one of the Majesty's Government for the time being, most objectionable measures he had seen. would possess an influence over the elecAs the law now stood, the Lord Chancellor tions, which was highly improper, unconhad not the power of appointing country stitutional, unadviseable, and inexpedient. Commissioners, but by this Bill he vested On these grounds, it would be quite imthat power in himself, and by that one possible to pass this Bill. He would not aet secured to himself the patronage of all stop this measure at present, because he the barristers and attornies throughout the was quite willing to admit, that there must kingdom. Now, suppose a political Lord be great alterations in bankruptcy. He Chancellor, such a Chancellor as had entirely agreed that there was a necessity been in times long gone by, who would of cutting down the number of the present interest himself in political questions, was Commissioners; but the power of deciding it not likely that the gentlemen, before cases of this description must not be taken they were appointed, would have a little from the Judges of the land, and given to bit of information given to them, to the an inexperienced and inefficient Court. effect that his Majesty's Government He would state to the House a few general wished to advocate particular questions, observations on this question. He had and to attach themselves to specific frequently heard it argued by individuals, political parties? He had stated, when whom no man would deny were competent the Reform Bill was before the House, to form an opinion upon the subject, that that it had been calculated that the bar- the business of bankruptcy ought not to be risters who would be appointed under separated from the Great Seal, and he that Bill, would not be less in number than would tell the House why. He was making 300, and they would be appointed by the these observations in the presence of many Lord Chancellor; if, therefore, the ap- hon. and learned Gentlemen, who would, duty to which he had referred. It was impossible to conceive a more unwise and improper course than that of constituting a new Court of Bankruptcy, while the existing laws of insolvency and of debtor and creditor remained in their present state. This Bill had two objects in view; the first was, the institution of a new Court, which was not wanted; and the other was, the making some half-dozen alterations in the law, which might well be done without having a new Court. Under the existing law, the first man in England might be put into an awkward predicament. A man behind his back might swear to a certain transaction, ex parte; and unless he had the means of shewing that he was not a bankrupt, they were bound to regard him as one, on this ex parte proceeding, and his fair fame and fortune were, perhaps, for ever destroyed. As so much hardship could be entailed upon individuals by this law, the Legislature very properly allowed an appeal to any court of justice in the country. But what did this Bill do? It allowed no such advantage, but compelled the individual to bring his case before one of the unimportant and incompetent Judges of the Tribunal which was about to be established. If this Bill were to pass, what would be the effect, supposing a manMr. Chambers, for instance, whose case was well known-should turn out not to be a bankrupt; a man's credit would be destroyed without any cause for so doing. It was quite a common thing, certainly, for the decision of Commissioners to be reversed, and for issues to be tried, and no doubt, correct him if he stated anything | although the leading member of it was improper. This was not only an important willing to take upon himself the arduous branch of legislation, so far as the property of individuals was concerned, but there was no law in practice which it might not be necessary to consult in the administration of justice in this respect. The greater part of the solicitors who were engaged in bankruptcy cases only, were much less respectable than any other class of practitioners. There was no branch of the practice in which there was so great a tendency to perjury as bankruptcy. It was requisite, therefore, that this business should be attached to the Great Seal, not merely because the Great Seal was supposed to possess the knowledge requisite to amend and correct the erroneous decisions of the Courts below, but because the importance of that Court, and the importance of the barristers who practised in it, were such as to keep in check and to control undue practices on the part of the inferior practitioners in bankruptcy. The removal of bankruptcy from the Great Seal would, therefore, be the means of also removing this wholesome check, and this due administration of justice. Nothing could be more dangerous than the appointment of this Court of Review, which would transact the business now performed by the Vice-Chancellor. If it were necessary to establish a new Court at all, which he denied it would first be proper that the whole law of debtor and creditor, and the administration of the Insolvent-laws between them, should be taken into consideration. The Insolvent-law now stood on as bad a footing as a law could well stand, operating most harshly upon the poor debtor, without being sufficiently advantageous to the poor creditor. Every-verdicts set aside; but under the present body knew the truth of this observation, and system there was a direct remedy; the nobody better than the noble Lord, the Chan- case might be tried before any of the cellor of the Exchequer; because, before he Courts in Westminster-hall, or before the came into office, he did, in a manner most Lord Chancellor; but in future this must creditable to himself, and highly gratifying be done before this new tribunal of unto this House and the country at large, important personages. Unless his Maoffer to become a most active member of jesty's Government could shew that the a Committee which the Government then fifteen Judges of the land were so pressed proposed to appoint, for the purpose of that they could not hear issues on bankruptinquiring into the law of debtor and cies--the number of which was very smallcreditor. The noble Lord at that period there was not the slightest foundation for could afford to devote his time to the this change. The bankrupt and the creditor performance of that duty; but, of course, ought to have a full and fair remedy, and his coming into office had incapacitated therefore he was willing and anxious to him from doing so. His Majesty's Go-concur in a measure which would have vernment had not brought forward any that effect. There was another question, proposition for pursuing that inquiry, of very great importance, relating to the saving of which they had heard, and | mission was always directed to him as the fund of which the hon. and learned a matter of course; and, therefore, though Gentleman spoke. The Dead Fund was the law in bankruptcy cases was always adthe property of living men; it was com- ministered in the Court of Chancery, where posed of dividends which had not been alone it could be administered, yet it did not, paid over, because the owners were not to strictly speaking, so belong to the Court as to be found; and it was, therefore, as much justify them in throwing upon the Suitors' the property of the public as any which Fund, not only the expense of the fees in was applied in the administration of bankruptcy, but the whole of the expense justice. The hon. and learned Gentleman of this new Court. The noble Lord at the might have applied the same observations head of his Majesty's Government, and to this fund as to the unclaimed dividends the noble and learned Lord at the head of at the Bank of England. There was very the Court of Chancery, would entirely great expense and trouble attendant upon disappoint the expectations of the country, getting a small fund out of Court; and no if they brought forward measures of this doubt every facility ought to be afforded description, instead of introducing new for that purpose. These small funds and complete reforms in the law, and inwere accumulated at the expense of stead of reducing those enormous fees and individuals, and he, therefore, called upon exorbitant charges which would long ago the noble Lord to protect this fund. have been abolished if the late AdministraThere was once a suggestion made on this tion had remained in office. He had a side the House, which seemed not to be right to say this, and he would now declare, attended to on the other side, to borrow sincerely and deliberately, that he would the Suitors' Fund and lend it, to Govern- support any general improvement in this ment. He then took the liberty, as he al- respect which might be brought forward ways should, of opposing such a system. on fair and proper grounds. When the Not a single shilling of a fund belonging to noble and learned Lord who now sat on the the suitors of that Court ought ever to be Woolsack was defeated on the measure touched. That fund, so far as it was not which he (Sir Edward Sugden) then wasted, belonged to the State, no doubt; brought forward, he again divided the but then, the law applied it in the first in- House, and again declared his intention of stance to make good the necessary charges making use of his privilege as a Member of the administration of justice-nothing, of Parliament, until, by repeated adjourncertainly, could be more fair. It was un- ments, he had destroyed the success of the claimed, and it certainly ought to be ap-measure. Therefore, the noble and learned plied, in the first instance, to defraying those costs incurred in administering justice. The noble Lord, however, was now going to apply it to other purposes. He proposed to give the Lord Chancellor 5,000l. out of it, as at present, and also 7,000l. instead of fees and other emoluments. How could such a proceeding be reconciled with justice? What right had the noble Lord to pay the Lord Chancellor in the way he proposed, without, in the first instance, making a full inquiry into the nature of this fund? In fact that fund had become a public trust; and when the hon. and learned Attorney General said, that he was prepared to provide for these expenses without having recourse to a public fund, this was a perfect delusion; for he proposed to throw those expenses upon a fund which belonged to certain individuals, and not one shilling of which ought to be applied to the benefit of the country. The Lord Chancellor held the bankruptcy business by a particular commission-that com Lord now at the head of the law, had shewn as much opposition to an alteration in the state of the law as it was possible for any individual Member of Parliament to shew in his place in that House. For the task of introducing a Reform in the administration of justice, many individuals might be more competent than himself; but, there was no one who would have set about it with a more sincere and earnest desire to effect an improvement than he should. He had employed the time which properly belonged to himself-the vacation -to give his best consideration to the subject, and from the course then adopted by the noble Lord opposite, he had had a most sanguine hope that some most effectual improvement in the state of the law would have been introduced. This confidence he could not entertain much longer, if some comprehensive measure were not brought forward. In making any observations upon a public subject, he should always do what he conceived to be his duty, |