' appeal to the Lord Chancellor be lodged | official assignee, who, whether he was ac'within one month from such determina- ceptable or not to the creditors, was to 'tion and, in case of such appeal, the assume the management of the estate. 'determination of the Lord Chancellor What respectable merchant or tradesman 'thereupon shall, in like manner, be final in the city of London would consent to 'touching such proof; but if the appeal, become the assignee to a bankrupt's estate, either to the Court of Review or the if, in doing so, he must be linked with a 'Lord Chancellor, shall relate only to the stranger? It was by no means uncommon 'admission or refusal of evidence, then, for respectable persons to say, "I will act and in that case, the proof of the debt with A or B as assignees, but I will not act 'shall be again heard by the Commissioner with C or D." By the provisions of the 'or Subdivision Court, and the said evi- Bill, which related to the official assignee, 'dence shall be then admitted or rejected, it would be enacted, that no other should 'according to the determination of the act as assignee, without being linked with 'Court of Review or the Lord Chancellor.' a person of whom, perhaps, he knew This, again, was a provision which, by nothing. Then the official assignee was to multiplying the number of appeals, by in- receive all the bankrupt's property. This volving and perplexing the mode of pro- was one of the most objectionable parts of ceeding, and by increasing expense, must, the Bill. The official assignee, having if carried into operation, amount almost to received all the property, was not only to a denial of justice. The next clause re- pay the money, but also to transfer all lated to the new trial of issues; and it stock in the public funds, or of any public provided That after any issue, by this company, and monies, Exchequer-bills, Act authorized, shall be tried, a new trial India bonds, or other public securities, 'may be moved in the Court of Review, and all bills, notes, and other negotiable 'which new trial shall be granted or re- instruments into the Bank of England, to 'fused according to the rules of the Com- the credit of the Accountant General of 'mon Law, and the practice of the Courts the high Court of Chancery. The money 'of Westminster, in granting or refusing and other property having been thus paid 'new trials.' The fortieth clause surprised into the Bank of England, how was it to him not a little, after what he had heard be got out again? Was the Court to be with respect to the mischief of affidavits. applied to for its order on every occasion It enacted That the said Judges and that any portion was required? The exCommissioners of the said Court of pense and the enormity of inconvenience Bankruptcy shall, in all matters within arising from such a provision would never their respective jurisdictions, have power be endured by the commercial world. to take the whole or any part of the evi- This provision of the Bill must be perfectly 'dence either viva voce or by affidavits, to nugatory. No respectable merchants and 'be sworn before one of the said Judges or bankers of London would consent to ac'Commissioners, or a Master ordinary or cept the office of assignee under such a 'extraordinary, &c.' So that power was Bill as this. The only object that could given to the Judges or the Commissioners be assigned for appointing this official asto receive evidence in this obnoxious and signee was, to prevent an evil which seldom objectionable mode. The conclusion he occurred-namely, the failure of an ascame to upon reading the provisions of signee. A more unsatisfactory mode of this Bill was, that it would multiply ex- preventing such an evil could not be sugpense, prolong litigation, create doubt, gested. The official assignee being, in the give rise to obscurity upon matters of de- first part of the clause, invested with a tail, and throw great and general difficulty positive, and a superior or paramount in the way of administering this branch of power, was in the latter part of it fettered the law. In that part of the Bill which con- by the following proviso-That nothing tained provisions for appointing the official 'herein contained shall extend to authorize assignees, a remedy was provided against an evil which had ceased to exist, or which, at least, was already provided against by Act of Parliament. In order that the estate of the bankrupt might be properly managed, the Commissioners were o ave the power of appointing an any such official assignee to interfere with 'the assignees chosen by the creditors, in the appointment or removal of a solicitor or attorney, or in directing the time and manner of effecting any sale of the bankrupt's estates or effects.' With such a proviso what could the official assignee 1 Mr. George Bankes had strong objections to urge against this Bill, but as he could not urge them then, he wished the Debate to be adjourned. Sir Charles Wetherell said, that he would use an expression of Lord Brougham's on another occasion, and say, that this Bill stunk under his nostrils. Debate adjourned. really have to do? He was to give security. | the ultimate effect of these changes would The clause enacted-Such official as- be, to get rid of the Vice Chancellor's 'signee to give such security, to be subject Court, which would be a most objectionto such rules selected for each estate, able measure. The Bill was considered and act in such manner, as the said Chief by the profession to be wholly uncalled for, ' and other Judges, with the consent of the and inadequate to the purposes for which 'Lord Chancellor, shall from time to time it was framed; and he trusted it would not 'direct.' It was perfectly monstrous to be persisted in at this late period of the suppose, that an assignee should, in every Session. He did not deny, that improvecase, find security to the full amount of ments might be made in the machinery the probable value of an estate. But even and working of Bankruptcy Commissions; if called upon only for a portion-in all but the Bill did not comprehend those improbability, weeks, nay, months, might provements. Instead of amending defects, elapse before that security could be com- it would increase the difficulties in all pleted. Such were the means by which questions of this nature, and add materially the evils of delay were sought to be avoid- to the expense. It would create doubts ed by this Bill. The official assignee was and obscurity where the law was at present to derive an income from the estate by a clear; and would weaken the confidence per centage on all he collected. That which it was highly expedient should be was a totally new source of expense, be- maintained between the commercial incause hitherto the assignees had never terests and the Judges in bankruptcy. been paid. While the average expense of each Commission amounted, under the existing system, to 50l., under the new one it would amount to 601. or 801. He agreed with the hon. member for Winchelsea, that where the administration of the law was the object, expense should not be thought of. But this would not be an improvement, and therefore he objected to every additional expense which it created. Economy had been placed in the front of this Bill, as one of its great recommendations. In his opinion, however, economy was a recommendation which it did not possess. How were the Judges and Commissioners to be paid?-out of a fund to be raised by a tax upon the bank-Petitions presented. By the Earl of SHAFTESBURY, from the rupt's estates. These officers, too, were to have retiring salaries. That being the case, it was doubtful whether there would be at all times funds enough to pay them; and then, as a matter of course, a call must be made upon the country. At present, the 'average time occupied by the Lord Chancellor and the Vice Chancellor, in hearing bankrupt cases, was sixty-eight days; and as it was most probable that the number of appeals would be greater than at present, it was not likely that a greater time would be required for that purpose than was now found necessary. But suppose that a hundred days were to be occupied in this way. As the Vice Chancellor now got through all the bankrupt appeals, and was able to perform a considerable portion of other business, it was impossible to see what the suitors would gain by the new Court. He had not the least doubt that HOUSE OF LORDS, MINUTES.] Bills. Read a second time; Consolidated Fund Appropriation; Arms Continuation (Ireland.) Read a first time; Valuation of Lands and Military Accounts (Ireland.) Landowners, Merchants, Freeholders, and Freemen of Shruel; and by Lord CLONCURRY, from the Protestant Freemen of Galway residing at Barna, to extend the Galway Franchise to Catholics equally with Protestants:-By the Earl of SHAFTESBURY, from the Vestrymen of Marylebone against the Vestry Bill; and from the Directors of the Poor of St. James's, Westminster, praying to be heard by Counsel against it. By Lord CLONCURRY, from Inhabitants of Kildalkey to disband the Yeomanry of Ireland; and from the Tithe-payers of Lea, Queens County, for Inquiry into the Irish Tithe System. By Lord KING, from the Freeholders and Inhabitants of Petersfield, in favour of Reform. A Committee was appointed to consider the Office of Clerk of Parliament. IRISH EMBANKMENT BILL.] The Duke of Leinster moved the committal of the Irish Embankment Bill. Lord Carberry said, he was induced to appeal to his Majesty's Ministers to request them not to forward this Bill in the present Session, when their Lordships had not had time to consider its provisions. The clauses in the Bill were numerous, and the powers given by them interfered much with the rights of private property. | Lordships up-stairs, and had been very It ought at least to be referred to a Committee up-stairs for further consideration. The Duke of Leinster thought the provisions of the Bill were likely to be beneficial to Ireland, and therefore, with great deference to the noble Lord, he could by no means agree to a postponement of it. The Marquis of Westmeath said, the want of employment to the poor of Ireland was the great evil to be combated, and he conceived the provisions of this Bill would go far to lessen the evil, by causing the draining and improvement of land. He wished, however, some noble Lord, who was more conversant with its details than himself, would inform him, whether it contained any clause which would deprive the landed proprietor of a fair and adequate equivalent from the Joint Stock Companies. much considered and altered in a Committee in the Commons, so as to remove all the objections to it in that House. The great object was, to provide employment for the Irish poor, by extending inland navigation, and in that respect it would be of immense advantage to Ireland. Objections had been made to the principle of the Bill, on account of its supposed interference with private property, but it contained no unusual provisions on that head, and noble Lords must also remember that previous to permission being granted to a Joint Stock Company, the Lord Lieutenant or his Chief Secretary must cause a notice to be inserted in the Dublin Gazette, and appoint an engineer to report as to the cost and utility of the proposed works, and on his report it depended whether the works were to be undertaken. They must, in addition, have the consent of two-thirds of the landed proprietors, whose The Earl of Gosford said, he did not see anything in the Act which was likely to prejudice the interests of landed pro-interests were concerned before the works prietors of Ireland, but on the contrary he thought its operation would be generally beneficial to the country. could be proceeded with. It was on the whole highly desirable that the measure should pass in the present Session. Lord Cloncurry said, the present Bill was a necessary preliminary to a general drainage bill, because it was impossible to drain the bogs until the banks of the rivers were cleared. He was, therefore, of opinion, the measure would be found extremely advantageous to the country. The Earl of Wicklow said, the object of the Bill appeared to him to be similar in some respects to the general drainage bill which passed the last session, but that did not give such extraordinary powers as this Bill contained. He was quite sure his noble friend (the Duke of Leinster) had the good of his country fully at heart, but he must beg to suggest to their Lord-provisions of the present Bill had been ships, and particularly to the noble and learned Lord on the Woolsack, whether at present it was not too late in the Session for such a Bill to go through the House. The Lord Chancellor confessed that, from the many heavy avocations which had laid upon his shoulders, he had not had an opportunity of looking through the Bill. But he might still have that opportunity, as it would depend on what might happen to-night in another place whether the Session would be at an end so soon as was expected. There was a bill in the other House which he was anxious to have passed, as part of an arrangement which would enable him to pay more attention to the bills which came into that House, which certainly often required that they should be inspected and examined. Lord Plunkett stated, that great care had been taken in the preparation of the Bill, which had been last year under the consideration of a Committee of their The Marquis of Lansdown said, the most fully examined by a Committee of the other House, and in his opinion it opened a vast field for industry and the profitable employment of capital. It was indispensably necessary, to carry on public works in Ireland, that some such regulations should be made as the present Bill contained; he, therefore, hoped no postponement of it would take place. The House then went into a Committee. The Earl of Wicklow wished to ask the noble and learned Lord (Plunkett), if it would not be adviseable to extend the provisions of this Bill so as to make it in effect a general drainage bill. Lord Plunkett said, such a provision could be made by merely adding the words" or elsewhere" after the words "borders of rivers." Several clauses were then agreed to. On the clause that the "Company may enter lands and dig for materials after notice given before any Justice of the Peace who was authorized to settle a com- | less it was allowed to stand, the whole propensation." gress of any contemplated improvement would be stayed. The Earl of Wicklow thought this was too great a power to be given to any persons considering the object to be attained. Some regulations ought to be established also to prevent Companies cutting through farms. It appeared the clause, as it at present stood, gave that power, and it might tend to inconvenience individuals very much. Lord Plunkett said, he did not see the force of the noble Earl's objection, but if he considered that the evil he apprehended was not sufficiently guarded against, he could suggest a clause to meet his object when the report was brought up. Clause agreed to. Clause agreed to. On the clause" that the Company be allowed to possess themselves of floodgates, &c," The Earl of Mountcashel said, he thoug this clause was liable to the objection of allowing Companies to encroach upon ornamental pieces of water, which ought, in his opinion, to be protected. Lord Plunkett said, the introduction of the words "park, garden, or demesne," would meet the noble Lord's objection. The words suggested by Lord Plunkett, were then added to the clause, which was agreed to. Upon the question, "that witnesses have their reasonable costs paid," being put, Lord Carberry said, it would be very de sirable that some provision should be made, that an annual account of the expenses and returns of such Companies should be made, in a similar way in which such returns were made by Grand Juries. Lord Cloncurry said, there was a general regulation by which all such bodies were compelled to make an annual report to the Commissioners in Dublin. On the question that the clause respecting penalties and forfeitures for offences committed under this Act," stand part of the Bill, The Earl of Wicklow said, he had examined very carefully all the provisions of the Bill, and the result in his mind was, that landed proprietors were not sufficiently protected from the operations of these Joint Stock Companies. He thought, therefore, that whenever operations were commenced under the provisions of the Bill, the persons undertaking them ought to give security to double the amount of the estimate of the expense of completing such works, because it might happen that works of great extent would be undertaken, and before their completion the funds of the Company be exhausted. How, in such a case, was the proprietor of the land to be remunerated unless some such security was given? He therefore trusted the noble Marquis (the Marquis of Lansdown) would fully consider this point before the Bill passed through another stage. The Marquis of Lansdown said, the works were certainly to be proceeded with notwithstanding the commencement of a suit, but if it was decided in favour of the proprietor, an equivalent amount of damages would of course be awarded him; but The Marquis of Lansdown said, he would as the clause in its present shape was certainly consider the point mentioned by guarded by other clauses of the Bill, un- | the noble Earl. House resumed. On the question, that the Report be received the next day, The remaining clauses were agreed to. other House of Parliament, or against any The Marquis of Lansdown then moved individual whatsoever-any such violation an additional clause, which was agreed to. of the public peace, under the present exThat the consent of the Lord High Ad-citement that exists with regard to this miral must be obtained where works are great measure, should be universally con carried on in rivers, as far as the tide flows, sidered and set down as the worst species or the person acting without obtaining of enmity that could possibly be employed such consent would be guilty of a mis- for the purpose of preventing the success demeanor, and be liable to all the expenses of Parliamentary Reform. The people, incurred. who are jealously, anxiously, and devotedly desirous of the passing of that great measure, should not permit themselves, on account of any temporary disappointment in that respect, to be betrayed into proceedings which could alone be expected from the bitterest foes to the success of that momentous measure which they had so much at heart-they should not allow any temporary defeat which their hopes and wishes may have experienced, to drive them into a course of proceedings inconsistent with the public tranquillity, and destructive of the peace of society. I call upon them as their friend, and as the friend of Reform, not to give way to any such unfounded disappointment. I tell them that Reform is only delayed for a short period; I tell them that the Bill will The Lord Chancellor said, that in the mean time he would take care to make himself fully acquainted with the provisions of the Bill, which he had not yet had an opportunity of doing. This Bill, he understood, had undergone a severe scrutiny in the other House, but nevertheless, seeing the state in which other bills had come up from thence, it would be necessary to look into it. Report to be received the next day. REFORMPOPULAR EXCITEMENT.] The Lord Chancellor said, I beg, my Lords, to present to your Lordships a petition from the Magistrates and Inhabitants of the town of Peterhead, in Scot-pass-that the Bill must pass-that a Bill land, in favour of the Reform Bill. In doing so, I am anxious to avail myself of the opportunity which I was prevented, through a mere accident, of taking advantage of last night, to say a few words on this subject. I take this opportunity to declare, that I consider it my duty to state in the face of your Lordships, and of the country a duty which devolves upon me, not merely as filling the situation which I do in your Lordships' House-not merely as being at the head of the magistracy of the kingdom-but a duty which devolves upon me as one of, I will venture to say, the most constant and sincere friends of the great measure of Parliamentary Reform -I repeat, my Lords, that I feel it my duty thus publicly to state, that the wit of man could not possibly devise any course of proceeding more calculated, beyond all others, to put in jeopardy the passing of that great measure, than proceedings of violence or outrage against the persons or properties of individuals. Whether such individuals differed from the public opinion or not, with regard to Reform, signified not one straw. A breach of the King's peace, whether committed against the person of any noble Peer, against the person of any Member of that or of the founded on exactly similar principles, and equally extensive and efficient as the Bill which has been just thrown out, shall, in a very short period, become part and parcel of the law of the land. Let not the people, I repeat, indulge in any degree of disappointment, for they may rely upon it, that through the exertions of their friends in the Ministry and their friends in Parliament, such a measure shall ere long be passed. But if the King's peace shall be broken, and if the friends of Reform will not also show themselves to be the friends of public order, the success of that measure which they all so much desire may not be attained. I now give the people this advice-I give it to them not so much as that of the head of the magistracy in this kingdom, but I give it to them as the friendly advice, the sincere and honest admonition of a zealous and ardent advocate and supporter of efficient and rational Reform-I tell them that riot, violence, or outrage, cannot promote but may defeat the success of such Reformthat it is not by such means, or by the adoption of such proceedings, that his Majesty's Ministers or their friends in both Houses of Parliament would ever desire to see the triumph of that cause secured—a |