« ÎnapoiContinuați »
* 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 bim 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 acCommissioners, 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 any such official assignee to interfere with an evil which had ceased to exist, or the assignees chosen by the creditors, in which, at least, was already provided the appointment or removal of a solicitor against by Act of Parliament. In order or attorney, or in directing the time and that the estate of the bankrupt might be manner of effecting any sale of the bankproperly managed, the Commissioners · rupt's estates or effects. With such a were o ave the power of appointing an proviso what could the official assignee
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 net 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 Mr. George Bankes had strong objections each Commission amounted, under the ex- to urge against this Bill, but as he could isting system, to 501., under the new one not urge them then, he wished the Debate it would amount to 601. or 801. He agreed to be adjourned. with the hon. member for Winchelsea, Sir Charles Wetherell said, that he would that where the administration of the use an expression of Lord Brougham's on law was the object, expense should not be another occasion, and say, that this Bill thought of. But this would not be an stunk under his nostrils. improvement, and therefore he objected Debate adjourned. additional expense
which it created. Economy had been placed in the
HOUSE OF LORDS, front of this Bill, as one of its great recommendations. In his opinion, however,
Wednesday, October 12, 1832, economy was a recommendation which it MINUTES.) Bills. Read a second time; Consolidated Fund did not possess. How were the Judges
Appropriation ; Arms Continuation (Ireland.) Read a fint
time; Valuation of Lands and Military Accounts (Ireand Commissioners to be paid ?-out of a land.) fund to be raised by a tax upon the bank- Petitions presented. By the Earl of SHAFTESBURY, from the
Landowners, Merchants, Freeholders, and Freeren of rupt's estates. These officers, too, were to
Shruel ; and by Lord CLONCURRY, from the Prohave retiring salaries. That being the case, testant Freemen of Galway residing at Barna, to extend it was doubtful whether there would be at
the Galway Franchise to Catholics equally with Protest.
ants :-By the Earl of SHAFTESBURY, from the Vestry. all times funds enough to pay them; and men of Marylebone against the Vestry Bill; and from the then, as a matter of course, a call must be Directors of the Poor of St. James's, Westminster, praying
to be heard by Counsel against it. By Lord CLONCURBY, made upon the country. At present, the
from Inhabitants of Kildalkey to disband the Yeomanry average time occupied by the Lord Chan- of Ireland; and from the Tithe-payers of Lea, Quecas cellor and the Vice Chancellor, in hearing
County, for Inquiry into the Irish Tithe System. By
Lord KING, from the Freeholders and Inhabitants of bankrupt cases, was sixty-eight days; and
Petersfield, in favour of Reform. as it was most probable that the number of A Committee was appointed to consider the Office of Clerk of appeals would be greater than at present, it was not likely that a greater time would IRISH EMBANKMENT BILL.] The be required for that purpose than was now Duke of Leinster moved the committal of found necessary. But suppose that a the Irish Embankment Bill. hundred days were to be occupied in this Lord Carberry said, he was induced to way. As the Vice Chancellor now got appeal to his Majesty's Ministers to rethrough all the bankrupt appeals, and was quest them not to forward this Bill in the able to perform a considerable portion of present Session, when their Lordships other business,' it was impossible to see had not had time to consider its provisions. what the suitors would gain by the new The clauses in the Bill were numerous, Court. He had not the least doubt that 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 Com- much considered and altered in a Coma mittee up-stairs for further consideration. mittee in the Commons, so as to remove
The Duke of Leinster thought the pro- all the objections to it in that House. The visions of the Bill were likely to be bene- great object was, to provide employment ficial to Ireland, and therefore, with great for the Irish poor, by extending inland deference to the noble Lord, he could by navigation, and in that respect it would no means agree to a postponement of it. be of immense advantage to Ireland. Ob
The Marquis of Westmeath said, the jections had been made to the principle want of employment to the poor of Ire- of the Bill, on account of its supposed land was the great evil to be combated, interference with private property, but it and he conceived the provisions of this contained no unusual provisions on that Bill would go far to lessen the evil, by head, and noble Lords must also remember causing the draining and improvement of that previous to permission being granted land. He wished, however, some noble to a Joint Stock Company, the Lord LieuLord, who was more conversant with its tenant or his Chief Secretary must cause details than himself, would inform him, a notice to be inserted in the Dublin Gawhether it contained any clause which zette, and appoint an engineer to report would deprive the landed proprietor of a as to the cost and utility of the proposed fair and adequate equivalent from the works, and on his report it depended wheJoint Stock Companies.
ther the works were to be undertaken. The Earl of Gosford said, he did not They must, in addition, have the consent of see anything in the Act which was likely two-thirds of the landed proprietors, whose to prejudice the interests of landed pro- interests were concerned before the works prietors of Ireland, but on the contrary he could be proceeded with. It was on the thought its operation would be generally whole highly desirable that the measure beneficial to the country.
in the present Session. The Earl of Wicklow said, the object Lord Cloncurry said, the present Bill of the Bill appeared to him to be similar was a necessary preliminary to a genein some respects to the general drainage ral drainage bill, because it was imposbill which passed the last session, but sible to drain the bogs until the banks of that did not give such extraordinary powers the rivers were cleared.
therefore, as this Bill contained. He was quite sure of opinion, the measure would be found his noble friend (the Duke of Leinster) extremely advantageous to the country. had the good of his country fully at heart, The Marquis of Lansdown said, the but he must beg to suggest to their Lord- provisions of the present Bill had been ships, and particularly to the noble and most fully examined by a Committee of the learned Lord on the Woolsack, whether other House, and in his opinion it opened at present it was not too late in the Session a vast field for industry and the profitable for such a Bill to go through the House. einployment of capital. It was indispens
The Lord Chancellor confessed that, ably necessary, to carry on public works from the many heavy avocations which in Ireland, that some such regulations had laid upon his shoulders, he had not should be made as the present Bill conhad an opportunity of looking through the tained; he, therefore, hoped no postponeBill. But he might still have that oppor- ment of it would take place. tunity, as it would depend on what might The House then went into a Committee. happen to-night in another place whether The Earl of Wicklow wished to ask the the Session would be at an end so soon as noble and learned Lord (Plunkett), if it was expected. There was a bill in the would not be adviseable to extend the proother House which he was anxious to visions of this Bill so as to make it in effect have passed, as part of an arrangement a general drainage bill. which would enable him to pay more at- Lord Plunkett said, such a provision tention to the bills which came into that could be made by merely adding the House, which certainly often required that words “ or elsewhere” after the words they should be inspected and examined. " borders of rivers."
Lord Plunkett stated, that great care Several clauses were then agreed to. had been taken in the preparation of the On the clause that the “Company may Bill, which had been last year under the enter lands and dig for materials after consideration of a Committee of their 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 The Earl of Wicklow thought this was too would be stayed. great a power to be given to any persons
Clause agreed to. considering the object to be attained. Some On the clause “ that the Company be regulations ought to be established also to allowed to possess themselves of foodprevent Companies cutting through farms. gates, &c,” It appeared the clause, as it at present stood, 'The Earl of Mountcashel said, he thoug! gave that power, and it might tend to in this clause was liable to the objection of convenience individuals very much. allowing Companies to encroach upon
Lord Plunkett said, he did not see the ornamental pieces of water, which ought, force of the noble Earl's objection, but if in his opinion, to be protected. he considered that the evil he apprehended Lord Plunkett said, the introduction of was not sufficiently guarded against, he the words “park, garden, or demesne," could suggest a clause to meet his object would meet the noble Lord's objection. when the report was brought up.
The words suggested by Lord Plunkett, Clause agreed to.
were then added to the clause, which was The question was then put, that the agreed to. following words stand part of the Bill, Upon the question,“ that witnesses have “Companies to fill up holes and pits not their reasonable costs paid,” being put, further useful, and fence them off, under a Lord Carberry said, it would be very depenalty of 51."
sirable that some provision should be made, The Earl of Wicklow said, the penalty that an annual account of the expenses was not sufficient, because, as a Company and returns of such Companies should be was to have the power of entering upon made, in a similar way in which such reland for the purpose of digging, they turns were made by Grand Juries. might put the proprietor to a greater ex- Lord Cloncurry said, there was a general pense then the amount of penalty would regulation by which all such bodies were cover.
compelled to make an annual report to the Lord Plunkett said, the payment of Commissioners in Dublin. any damage committed under such cir- On the question that the clause “recumstances was provided for in another specting penalties and forfeitures for ofpart of the Bill.
fences committed under this Act,” stand The Earl of Gosford said, there was no part of the Bill, necessity whatever to increase the penalty The Earl of Wicklow said, he had ex. because, by another clause of the Bill it amined very carefully all the provisions of was provided that arbitrators were to be the Bill, and the result in his mind was, appointed to assess all damages committed that landed proprietors were not sufficiently under such circumstances.
protected from the operations of these Clause agreed to.
Joint Stock Companies. He thought, The question was then put upon the therefore, that whenever operations were following words, “ that any suit or action commenced under the provisions of the pending with regard to any lands not to Bill, the persons undertaking them ought hinder the Company from proceeding with to give security to double the amount of the works.”
the estimate of the expense of completing The Earl of Wicklow said, this clause such works, because it might happen that was very objectionable, inasmuch as a works of great extent would be undertaken, proprietor might commence a suit, but and before their completion the funds of that would not stop the works, and by the Company be exhausted. How, in their continuing to go on the damage might such a case, was the proprietor of the be irreparable.
land to be remunerated unless some such The Marquis of Lansdown said, the security was given? He therefore trusted works were certainly to be proceeded with the noble Marquis (the Marquis of Lansnotwithstanding the commencement of a down) would fully consider this point suit, but if it was decided in favour of the before the Bill passed through another proprietor, an equivalent amount of dam- stage. ages would of course be awarded him; but T'he 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.
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 ride flows, sidered and set down as the worst sperits 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. incurred.
who are jealously, anxiously, and deHouse resumed. On the question, that votedly desirous of the passing of that the Report be received the next day, great measure, should not permit thein
The Lord Chancellor said, that in the selves, on account of any temporary dismean time he would take care to make appoiniment in that respect, to be liehimself fully acquainted with the provisions trayed into proceedings which could alone of the Bill, which he had not yet had an be expected from the bitterest fues to the opportunity of doirg. This Bill, he under- success of that momentous measure which stood, had undergone a severe scrutiny in the they had so much at heart-they should other House, but nevertheless, seeing the not allow any temporary defeat which their ,state in which other bills had come up from hopes and wishes may have experienced, thence, it would be necessary to look to drive them into a course of proceedings into it.
inconsistent with the public tranquillity, Report to be received the next day. and destructive of the peace of society. I
call upon them as their friend, and as the REFORM – POPULAR ExcitemENT.] friend of Reform, not to give way to any The Lord Chancellor said, I beg, my such unfounded disappointment. I tell Lords, to present to your Lordships a them that Reform is only delayed for a petition from the Magistrates and Inhabit- short period; I tell them that the Bill will ants of the town of Peterhead, in Scot. pass-that the Bill must pass--that a Bill land, in favour of the Reform Bill. In founded on exactly similar principles, and doing so, I am anxious to avail myself of equally extensive and efficient as the Bill the opportunity which I was prevented, which has been just thrown out, shall, in a through a mere accident, of taking advan- very short period, become part and parcel tage of last night, to say a few words on of the law of the land. Let not the people, this subject. I take this opportunity to I repeat, indulge in any degree of disapdeclare, that I consider it my duty to state pointment, for they may rely upon it, that in the face of your Lordships, and of the through the exertions of their friends in country-a duty which devolves upon me, the Ministry and their friends in Parlianot merely as filling the situation which I ment, such a measure shall ere long be do in your Lordships' House--not merely passed. But if the King's peace shall be as being at the head of the magistracy of broken, and if the friends of Reform will the kingdom—but a duty which devolves not also show themselves to be the upon me as one of, I will venture to say, friends of public order, the success of the most constant and sincere friends of that measure which they all so much the great measure of Parliamentary Reform desire may not be attained. I now give I repeat, my Lords, that I feel it my the people this advice-I give it to them duty thus publicly to state, that the wit of not so much as that of the head of the man could not possibly devise any course magistracy in this kingdom, but I give it to of proceeding more calculated, beyond all them as the friendly advice, the sincere others, to put in jeopardy the passing of and honest admonition of a zealous and that great measure, than proceedings of ardent advocate and supporter of efficient violence or outrage against the persons and rational Reform-I tell them that riot, or properties of individuals. Whether violence, or outrage, cannot promote but such individuals differed from the public may defeat the success of such Reform opinion or not, with regard to Reform, that it is not by such means, or by the signified not one straw. A breach of the adoption of such proceedings, that his King's peace, whether committed against Majesty's Ministers or their friends in both the person of any noble Peer, against the Houses of Parliament would ever desire to person of any Member of that or of the I see the triumph of that cause secured-a