increase into his (the Lord Chancellor's) | shade of difference of opinion between him pocket of not less than 26,000l. a-year. and his noble friend upon that great and His learned and venerable friend, in his important measure. It was with a view to explanation of this view of the subject, refute the serious charges that had been had stated, that in a political point of view made against him by his venerable and patronage was of greater value to the Lord learned friend, that he had risen to move Chancellor than money, and that the Bill for a return of the salary and emoluments would be to him an increase of patronage of the Secretary of the Lord Chancellor. to the extent of 26,000l. a-year. Other When the facts of the case had been so persons had repeated the charge, without perverted, that a reduction of salary to the this distinction between the patronage and extent of 1,300l. a-year had been conthe money. This charge was utterly un-strued into the creation of a place which founded, but it was not more so than would increase the salary by 1,2007. a another charge which had been made year, he almost feared that such erroneous against him. It was asserted, that he had impression proceeded from a source that contrived by the Bill to provide for his would be impervious to any discipline Secretary a sinecure place, as Secretary of which he could apply. The noble and Bankruptcies, of the annual value of about learned Lord concluded by moving for a 1,2001. This was a total misrepresentation return "of the annual amount of fees reof the case in every particular; for so far ceived by the Commissioners of Bankrupt from the Bill giving any increase of income in London, by the Secretary of Bankrupts, to his Secretary, it would actually decrease by the Patentee in Bankruptcy, and by the that person's salary by 1,2001. or even Messengers to the Commissioners of Bank1,300l. a-year. The person who would rupt, and also the expenses of assignments hold the office of Secretary of Bankrupts and bargains and sales; which expenses under the Bill, was now called his (the and several fees are proposed to be abolished Lord Chancellor's) Secretary, and he had by the Bill for establishing a new Court at the present moment an income of in Bankruptcy; also, an estimate of the 2,500l. a-year, and all the Bill would do establishment to be formed under the Act in relation to this officer would be, to to establish a Court in Bankruptcy, stating deprive him of that income, and to sub- the offices proposed to be created, and the stitute a place under another name, the pay of each, with their proposed pensions total salary of which would be only 1,2007. and retiring allowances, and from what To this strange perversion of the facts of funds to be paid; and also, an account the case was added, from a very different of the expenses of the office of Secretary quarter, another statement equally without of Bankrupts upon the average of three foundation. It had been put forth, that years, ending 31st of March, 1830; disthere was a strong difference of opinion tinguishing how much on the average was between him and his noble friend at the retained by the Secretary for his own use, head of his Majesty's Councils,with respect how much was paid to the Deputy Secreto a very material part of the Reform Bill, tary and each of the Clerks, and how much and this gross misrepresentation had arisen was applied to pay the general expenses of from an inaccurate and garbled statement the office."-Ordered. of what had been said of the measure by him, when he had been addressing the House upon the subject of the Bill. What he had said upon that occasion was, that there was not the slightest difference of opinion upon the question of Reform between him and his noble friend, and he had then distinctly added, that not only was there not, but that there never had been, any such difference between them. This statement had been omitted, and the passage of his speech, from which this sentence had been left out, had been commented upon so as utterly to mislead the public mind on the subject. He would again declare, that there did not exist a GALLERY IN THE HOUSE OF LORDS.] The Earl of Shaftesbury presented a Report from the "Library Committee” of the House of Lords, to whom it was referred previously to the Motion for the second reading of the Reform Bill, to ascertain what additional accommodation could be provided in the House, &c. His Lordship read the Report, to the following effect: "1. That the galleries already erected in their Lordships' House, pursuant to an Address in September last, to afford seats for all those who might attend on a then approaching Debate, are inconvenient, and ing the 5th of July, 1851; of the Money in the hands of each Stamp Distributor in the United Kingdom upon the 1st of each month, for the year ending 5th July, 1831; and of the amount of Money in the hands of each Collector of Assessed Taxes in the United Kingdom upon the 1st of each Month, for the year ending 5th July, 1831. ought to be taken down; that the fireplace in the centre of the wall (on the Ministerial side of the House, and now boarded up), injuriously interferes with the due ventilation of the House, and that the said fire-place ought to be bricked up and closed. "2. That it is advisable to erect a gallery at the end of the House (namely, over the door below the bar of the House) for the accommodation of strangers under certain restrictions; and that the said gallery ought to be according to a plan handed to the Lords' Committee by Mr. Smirke. BANKRUPTCY COURT BILL-COMMITTEE THIRD DAY.] Lord Althorp moved the Order of the Day for the Committee on this Bill. House in Committee. On the question to agree to the clause appointing official assignees, Mr. Warburton wished for some explanation as to the manner in which the duties hitherto performed by the provisional assignee would in future be exe Would it still be necessary to appoint a provisional assignee, or would the duties of that office be performed by one of the official assignees, and, if so, would any additional expense be thrown upon the bankrupt's estate thereby? "3. That their Lordships be recommended to move an Address to his Ma-cuted. jesty, that he would be pleased to give directions to have the present side galleries taken down, the said centre fire-place closed, and a new gallery raised at the end of the House, in accordance with Mr. Smirke's plan." The Duke of Cumberland inquired where this gallery was to be erected? The Earl of Shaftesbury replied, in the vacant space immediately over the principal entrance at the lower end of the House. The Duke of Cumberland: Is it for Peers? The Earl of Shaftesbury: For strangers. The Duke of Richmond added, that the place below the bar, occupied by strangers, would be for the accommodation of Members of the House of Commons. Lord Ellenborough said, that the introduction of similar alterations had been under the consideration of the former Government, but that the great expense at which they were estimated, namely, 2,500l., prevented their being effected. The Report of the Committee agreed to, and on the Motion of the Earl of Shaftesbury, an Address was ordered to be presented to his Majesty, praying his Majesty that he would be graciously pleased to have the recommendation of the Committee carried into effect. [The erection of this gallery is an epoch in the history of the House of Lords. In it, by their Lordships' approbation, was provided accommodation for the reporters of the Public Press; though according to their Lordships' standing order it still remains a breach of their privileges to report their debates.] HOUSE OF COMMONS, Mr. Serjeant Wilde said, that the provisional assignee would have no existence after the passing of the Bill. The official assignees would discharge all the duties which had heretofore been executed by the provisional assignee and the messenger. He apprehended that they would discharge those duties without any other remuneration than the usual per centage fee. The Bill contained a clause which prohibited the officers employed under it from taking any fees except those prescribed in the Bill. Although they were accustomed to speak of the provisional assignee, no such officer was mentioned in the Bankruptcy Statutes. Sir Charles Wetherell said, he must object to the wording of the clause, which would create a doubt as to whether the official assignees could act previously to the appointment of the creditors' assignees. The official assignee, as it appeared to him, could have no power to act in the time between the period when the docket was first struck, and the appointment of regular assignees by the creditors. ferent view of the case. He was of opinion, Mr. Serjeant Wilde took a wholly difthe official assignee would have the same authority as was now held by the provisional assignee, after the passing of this Bill. There would then be no necessity for a provisional assignee. Sir Charles Wetherell said, if the observation of the hon. and learned Serjeant was good for anything, it went a little too Kingdom, with all the expenses of each, for the year end. far, for until the creditors had chosen their MINUTES.] Returns ordered. On the Motion of Mr. HUME, the revenues collected in each Post Office in the United The Solicitor-General observed, that there must be an assignee at law to protect the property in the first instance, and this was one of the purposes effected by the Bill, which said, there shall be an official assignee instanter to every bankrupt, in whom the property should vest. It was of no consequence whether he was called a provisional or official assignee. The office would be filled, and the duty done. Mr. John Campbell said, that nothing could be clearer to his mind than that, under this Bill, the assignees chosen by the creditors, would have a co-extensive power with the official assignee, so soon as they were elected, but that all the bankrupt's property would vest in the official assignee until the regular assignees were chosen by the creditors. There was no necessity, therefore, for a provisional assignee. Mr. Freshfield was of opinion, the objection was well founded. He thought that, by the words of the Bill, the official assignee had no power to act but in conjunction with the assignee chosen by the creditors. Surely, if there was any doubt upon the point, as they were all agreed, it was desirable the property should vest in the official assignee, it was better to remove such doubts, by altering the construction of the clause. the Bill before them provided against this evil effectually. It was forbidden by the present law, but yet it was of frequent occurrence. Mr. Serjeant Wilde said, the practice arose from solicitors being compelled to select particular lists of Commissioners, because they knew that some of the lists were not very competent to manage the business; but under this Bill it would be impossible that any such selection could be desired, because the persons to be appointed would be fully competent to the duties of the office. Unless they were more competent persons than the present, the power of selection was an advantage. Mr. Freshfield said, as the Bill contained no particular direction that the Commissioners should appoint the official assignee,and as it was allowed generally that there was a necessity for such an appointment as soon as possible, he would beg leave to move, that the following proviso should be added to the clause, viz. “That nothing herein contained shall prevent the Commissioners from appointing the official assignee immediately." Mr. Burge thought, the appointment of official assignees altogether unnecessary; and would subject the bankrupt estates to a needless charge. Besides, the Bill would only act partially; the real title, as applicable to it, was "An Act to amend the Administration of Bankrupts Estates in London," yet he thought the great commercial emporiums of Manchester, Liverpool, and other places, required an amend Sir Charles Wetherell said, he should not now prolong the present discussion any further, as it was his intention at the end of the clause to move a proviso, empowerment of the administration of the Banking the official assignee to act as sole assignee, previous to the appointment of the creditors' assignee. The Attorney-General was sorry to differ from his hon. and learned friend, but with all due deference for his judgment, he saw nothing in the clause which would prevent the official assignee acting alone. Sir John Newport was of opinion, that the remuneration of the assignees should be made dependent on the amount of the sums they might collect, as such a condition would be the best guarantee for the zealous and effectual performance of their duty. Mr. Warburton said, it was well understood that a practice obtained, the machinery of which could not well be traced, by which the attornies for the Commission chose what set of Commissioners the case should go before for settlement. He hoped rupt Laws as much as London, but they, it appeared, were to be wholly neglected. With respect to the assignees, he saw no reason why creditors' assignees might not be made subject to the same rules, and perform all the duties required of official assignees. In some cases there could be no doubt they would perform them much better. For instance, in cases of WestIndian bankruptcy, where, as in a late case, the bankrupts had creditors in almost every island, and produce to an enormous amount remitted on their accounts. An official assignee appointed to receive the assets of such a concern, would almost make a fortune out of it. Besides, he might turn his situation to account, particularly if he was a mercantile man, by calculating the effect of great sales of sugar in the market. He understood such an assignee was not only to have a per centage upon the amount of debts collect- | fact. To say the least, the opinions of ed, but also upon all produce sold belong-practical men were equally divided on the ing to the estate. He considered that such an appointment was not necessary, for all the onerous duties must be performed by the creditors' assignees, and thus the estate would be burthened with the charges and per centage of the official assignee without its deriving an adequate advantage from the appointment. Again, it was provided by the Bill, that such parties were to give security to the Lord Chancellor. Was it intended that the security was to be in proportion to the sum vested in their hands? if so, half the mercantile world in London would be under bond to his Lordship, and all this was done to guard against any fraud in the creditors' assignee. He thought adequate security could be obtained without all this expensive machinery, which would entail a heavy charge upon every bankrupt's estate. He should, therefore, propose, that the whole of this clause relating to official assignees be left out of the Bill. subject. He objected to the selection of official assignees being intrusted to the Lord Chancellor. That noble and learned Lord might be a very good judge of the persons most proper to fill judicial situations, but he doubted his capability of knowing who were the fittest persons to be made official assignees. It was his firm belief that this patronage would be made use of for political purposes. He called the particular attention of the Committee to this extraordinary fact that to the lucrative situation of official assignee the Lord Chancellor appointed; but that to the barren office of joint assignees the creditors appointed. Now, from the constitution of human nature, it was quite clear, that unpaid and unsalaried assignees would not perform their duties properly; and that was another objection which he had to this clause. He likewise objected to the mode of remunerating the official assignees, the official assignees being appointed nolen volens the body of creditors. Mr. Warburton said, that if there was any part of the Bill which he approved of, it was that which related to the appoint- Sir George Warrender observed, that he ment of official assignees. The only part supported this Bill from the confidence of the clause he objected to was, the com- which he placed in the present Lord pensation to be allowed them. It was Chancellor, whose conduct, in his opinion, stated that five per cent was to be the richly deserved it. He deprecated the commaximum, but he feared, if the Court of parisons which had been made between the Chancery had to manage this matter, that character of the Lord Chancellor and of this per centage would turn out to be the Cardinal Wolsey. Such comparisons apminimum. He had also considerable peared to him to be perfectly unjustidoubts whether the resources that were to fiable. He considered that more patronbe relied on to defray the charges of the age was relinquished than would be acCourt, would be found adequate to the quired by the Lord Chancellor, in consepurpose. Again, who were to look after quence of this Bill. To impute such unthe official assignees-to whom were they worthy motives as those which had been to be responsible? He should most likely imputed to the Lord Chancellor was imibe told that, the control would rest with tating the conduct of those men who were the Court of Chancery, which was tanta- now placarding the streets with lists immount to there being no control at all. puting to Members of the other House of He, therefore, thought it would be an im- Parliament, salaries, places, and pensions provement to refer the proceedings of far exceeding the amount of all the salathese officers to the Court they were at-ries, places and pensions held by the tached to particularly, but he would not move Peerage. an amendment to that effect. Certainly, he was of opinion, that the collecting into one fund the whole effects of bankrupts, would be the means of effecting a considerable saving. Sir Charles Wetherell said, he must enter his decided protest against the Bill being hurried through the House, on the false assumption that the mercantile classes approved of it. This he denied to be the Sir Charles Wetherell was certain that the hon. Member who had just sat down,either could not have been present, or if present, could not have attended to his observations on a former occasion. So far had he been from attacking the Lord Chancellor on the score of his patronage, that the hon. Baronet, if he had heard him, or if he had been present, would have known that he had not said anything which could lead any rational man to suppose that he intended any personal imputation on the Lord Chancellor. What he had said was this -that if the Lord Chancellor was surrendering patronage by this Bill, he had a right to compensation for it in his retiring allowance. In the observations which he had made upon the Lord Chancellor, he had spoken politically, not personally. To make unjust imputations against another, was in his opinion, not merely wrong, it was also a crime. The tone which he had taken upon this Bill was political, not personal. The hon. Baronet had com- A proviso was then proposed as folplained that it was unjustifiable that the lows, viz. "Provided always, and be it Lord Chancellor should be placarded as enacted, that nothing herein contained, the Peers were about the streets. In that shall extend to authorize any official ashe fully agreed with the hon. Baronet; signee, to interfere with the assignees chosen but at the same time he thought, that it by the creditors in the appointment or rewould be quite as well if some persons, moval of a solicitor or attorney, or in diwho were not quite so high in dignity as recting the time or manner of effecting Peers, were not placarded daily in the any sale of the bankrupt's estates or efPress. He should be glad if the system fects." of crimination and recrimination was withdrawn on both sides. in collecting and distributing as speedily as possible the assets of the bankrupt. As to remunerating the assignees, he thought that the Bill provided in the best possible way for that. The settlement of the amount of remuneration was left to the discretion of the Court, and it was impossible to vest the matter in more satisfactory hands. With regard to the objection respecting the Bank of England, an arrangement was in progress with the Bank. Mr. Warburton said, the creditors ought certainly to have the exclusive right of choosing the assignees by whom debts were to be collected, and he very much doubted if they would ever be satisfied with having debts compromised by any others than persons of their own choice. He had not yet understood whether there had been any arrangements made with the Bank of England, for receiving deposits from the Court, for it was well known that it was the practice of that establishment to receive only bills of a particular description. Mr. Freshfield said, he could give no official information on that subject; he knew of no arrangement with the Bank. Amendment negatived without a division, and clause agreed to Sir Charles Wetherell said, he did not see what way disputes were to be settled. He feared the assignee, he meant the official one, would interfere some way or other. Mr. John Campbell said, the official assignee's business would be to see that no waste was committed, but he would not have the power of compelling the foreclosure of a mortgage without the consent of the assignee appointed by the creditors. The Proviso agreed to. On the question for vesting the personal estate in assignees. Sir Charles Wetherell observed, there was in all former Acts a formulary of the conveyance of the bankrupt's effects; he wished to know if there was one in this Act? The Solicitor General said, it was not wanted; for the hon. and learned Gentleman would find in another clause, that the certificate of the appointment of the assignees was declared to be evidence of their title to the property. Mr. Warburton said, this and the following clause he considered very great improvements upon the existing administration of the law. Lord Althorp admitted that there might be an increase of patronage just at present thrown into the hands of the Lord Chancellor by this Bill; but after the first appointments were made, there would be a great diminution of patronage. As the disposal of that patronage must be placed somewhere, he thought that the hands of the Lord Chancellor were those in which it could be most safely deposited. With respect to the observations that the as- Mr. Burge said, the Bankrupt Laws did signees who received no salaries would not not extend to any of our colonies. When perform their duty properly, he had only the property of a bankrupt was sued for to reply, that those assignees must be cre- there, the bankrupt himself was obliged to ditors, and that circumstance would in join with the assignees in giving a power itself be sufficient to give them an interest | of attorney to some person there to bring |