try. The hon. Gentleman concluded by moving that, in the opinion of this House, the Report of the Select Committee on the Bankruptcy Act of 1861 deserves the prompt and serious consideration of Her Majesty's Government. Session came to a close, make some explanation to the House as to the principle on which, in his opinion, the Government ought to act in effecting any alteration in the existing bankruptcy system. MR. BEECROFT said, that he believed that hon. Gentlemen on both sides of the House agreed that the present law of bankruptcy was most unsatisfactory. In the Session of 1860 the Government introduced a comprehensive measure for the reform of the law of bankruptcy. Its principle met with general approval; but, though opposed by no one, it did not reach the Upper House. When the House met, the year after, they all supposed that a Bill which had met with so much support would be among the first to be introduced at the commencement of the new Session, and that all parties would unite in perfecting its details. They were all disappointed when they found that the Consolidated Bill was abandoned, and a sort of patchwork Amendment Bill substituted for it. They found, however, that they had Hobson's choice-that or none. That Bill passed with some Amendments. It repealed part of the old law, and altered other parts; amended some clauses, and left others untouched. No course could be taken more likely to lead to confusion and difference of decision; and he heard from those engaged in the administration of it that the law was thrown into such a state of inex MR. AYRTON, in seconding the Motion, said, that on a more favourable occasion he should have felt it his duty to present to the House fully and completely the Resolutions at which the Committee upon this subject had arrived; but as his hon. Friend had now been almost as unfortunate in his selection of a night as he was when the matter was last before the House, he would confine himself to the statement that the changes proposed by those Resolutions were of so fundamental a character, and would so affect almost every section of the statute now in force, that it would be impossible to carry them into effect by any mere amending Act, and that it would be necessary to give effect to the concluding Resolution, and introduce an independent Bill for the amendment and consolidation of the law. It could scarcely be expected that the Government would during the short time which remained of the present Session pass any comprehensive measure on the subject, but he hoped the Attorney General would be able to assure the House that it would receive their serious consideration, with a view to legislation when the new Parliament met. Meantime he had great pleasure in second-tricable confusion that some parts of it ing the Motion of his hon. Friend. Motion made, and Question proposed, That in the opinion of this House, the Report of the Select Committee on the Bankruptcy Act of 1861 deserves the prompt and serious consideration of Her Majesty's Government.-(Mr. Moffatt.) MR. BASS thanked the hon. Member for Honiton (Mr. Moffatt) for the constancy which he had displayed in bringing the state of our bankruptcy law under the notice of the House. The question was one which was at the present moment of the greatest interest to the mercantile community. Of course it would be impossible to carry a Bill with respect to it in the present Session; but then the Lord Chancellor, who was as familiar with the subject as with his morning and evening prayers, might without the slightest effort produce a measure which might be laid on the table of the House before the dissolution, and considered by the country during the recess. He hoped, he might add, that the Attorney General would, before the Mr. Moffatt were really rendered very difficult of interpretation. He scarcely need say that the commercial community was very much dis satisfied with the present law and practice of bankruptcy. A very strong feeling of dissatisfaction generally prevailed, and a thorough change in the entire system was loudly called for; indeed, there were few questions affecting the trading classes of greater importance. He might say that the Leeds Chamber of Commerce was against any attempt merely to amend the law, or any change which would leave the winding up of insolvent estates in the hands of any court or body of officials whatever, and was as decidedly in favour of leaving such winding-up in the hands of the credi tors; and that no change would be satisfactory or prevent further agitation of the question which did not altogether take out of the hands of officials the winding-up of bankrupt estates, and transfer it to the creditors themselves, as was the case in Scotland. In fact, what the Leeds Chamber of Commerce really wanted was, that the insolvent should be in the Court and | it, because it would be useless to endeathe estate out of Court. vour to carry a measure which failed to commend itself to their approval. He trusted, therefore, that before the House met again after the recess the attention of mercantile men would be carefully directed to the Report of the Committee, and that there would be a very general expression of opinion upon the question. THE ATTORNEY GENERAL said, he had no difficulty whatever in stating, as he had stated before, that the Government would undoubtedly recognize the duty of taking into prompt and serious consideration the Report of the Select Committee on the Bankruptcy Acts. He was glad to find that, so far as he had had the opportunity of ascertaining, so many hon. Members concurred in some of the most important recommendations of that Committee. The Committee were quite agreed in the opinion that it was desirable no longer to attempt to patch up a system which had been found not to answer, but that there should be a serious endeavour made to revise, as far as possible, both its principle and its details, and to place them on such a footing as would afford some reasonable ground that we should understand the system on which we were going to proceed in future, and start with a favourable expectation of its success. The Committee had recommended substantially that for which the hon. Member for Leeds (Mr. Beecroft) contended for, with regard to the taking insolvent estates out of the hands of the Court so far as related to the mere collection and distribution of assets, while they had also made the important recommendation that imprisonment for debt should be abolished; but at the same time, and as a necessary sequel to that alteration, that the discharge given to a bankrupt or insolvent debtor should not at once operate, except on the payment of a dividend of a certain amount. They also proposed to remove from the Bankruptcy Court all cognizance of fraudulent acts and to transfer such matters to the ordinary Courts. These were material alterations, and he mentioned them on the present occasion, not for the purpose of entering into a vindication of their merits, but in order that the attention of the public out of doors might be directed to their consideration. If Parliament were to do anything useful, as he hoped it would in a future Session, it must proceed on the two grounds of endeavouring to consolidate the whole law and of securing the support of public opinion as to those important principles which it was proposed to introduce for the first time into the new system. It was indispensably necessary that the Government in dealing with the subject should be in the possession of the views of the mercantile community upon He MR. GOSCHEN said, that the mercantile community would receive the statement just made with great satisfaction. hoped that a measure would be prepared ready for the energies of the new Parliament, and if this were so, then their thanks, which were now due to the hon. Member for Honiton (Mr. Moffatt), would be transferred to the Government. He was sure that the appeal of the Attorney General to the commercial classes would be fully answered, and that the question would be amply discussed by them before the next Session. He agreed that the present system must be entirely re-cast, and he believed that the trading community would be glad to learn that it would not be attempted to patch up the present system, but that a new one would be introduced to remedy abuses that were now a disgrace to legislation. Motion agreed to. Resolved, That, in the opinion of this House, the Report of the Select Committee on the Bankruptcy Act of 1861 deserves the prompt and serious consideration of Her Majesty's Government.-(Mr. Moffatt.) LUNACY LAW.-OBSERVATIONS. MR. NEATE then rose to call the attention of the House to some defects in the law relating to lunatics, both with respect to the administration of that law and its provisions, and to move an address for copy of any Returns now in possession of Government as to English subjects now in confinement in lunatic asylums abroad. The hon. Gentleman said the subject was one which had very recently been prominently brought under public notice, in consequence of the case of Mary Ryan, who had been forcibly removed from this country, and was proceeding, when Notice taken, that 40 Members were not present; House counted, and 40 Members not being present, House adjourned at half after Seven o'clock till Thursday. passed. Liebig, the greatest agricultural LORD CHURSTON (the Chairman of the On Question, That ("now") stand Part Bill read 3 accordingly, with the PUBLIC-HOUSE CLOSING ACT (1864) Order of the Day for the Second Read- Moved, That the Bill be now read 3a. LORD DENMAN rose to move that the Bill be read the third time that day three months. He thought that a work of this kind, which was, in fact, a great public undertaking, ought not to be intrusted to a private company. There was something in the scheme itself which gave it a doubtful aspect. A scheme for raising a capital of £2,800,000 in order to convey the sewage of the metropolis forty miles for THE MARQUESS OF CLANRICARDE, the sake of making a tract of barren lands into water meadows, and to grow rye in moving that the Bill be now read the grass, which, when grown, it was difficult second time, said, that as he understood to know to what useful purpose there it could be turned, was of an extremely hazardous character. Baron Liebig (whose opinion the noble Lord read at some length) had given his decided opinion that sewage applied to sand was not likely to be productive except in the most limited degree, and concluded by expressing a hope that their Lordships would not, on public grounds, sanction a scheme which was in the highest degree experimental and perhaps visionary. Amendment proposed, "That the Bill be read a third time that day three months." LORD REDESDALE said, that a full inquiry into the details of the scheme had been made by Committees of both Houses, and it would be rather unusual to throw out the Bill now on grounds of that kind. THE EARL OF HARDWICKE said, he knew nothing of the merits of the particular plan involved in this Bill, which seemed to be to convert the Maplin Sands into land fit for cultivation; but as people of amall property were frequently induced by the sanction of Parliament to invest their money in these speculative schemes, he thought they should not be too hastily was no opposition to the Bill he should confine himself to stating its principal provision. Their Lordships were, of course, aware that in the last Session of certain public-houses and other places of Parliament a Bill was passed by which certain public-houses and other places of refreshment where disorderly assemblages had taken place, and which in some instances were allowed to keep open day and night, were closed at one o'clock. good in that part of the town for which That bill, he believed, had effected much it was intended; but, on the other hand, it had been found to bear rather hard on certain classes of persons engaged in occu pations the very nature of which required that they should work late at night, and who found themselves debarred from obtaining necessary refreshments. Lordships could not fail to have observed that large numbers of persons were, in fact, employed at almost all hours of the night, and it was undoubtedly true that the Act of last Session operated harshly in their case by keeping them until four o'clock before they could obtain refresh ment, however much they might require it. Those who attended the markets at an early hour, and the compositors and others Their engaged in newspaper offices, and some other places where documents had to be printed for circulation early in the morning, especially felt the inconvenience to which he had referred. The Bill, therefore, proposed to allow certain houses to be open for the convenience of those persons in certain localities between two o'clock and four, still compelling even those houses to be closed for one hour, and thus tending much to prevent any abuse of the Act. Ample power, too, was provided in the Bill for the closing of any houses specially licensed under this measure in case of disorderly persons being permitted to make use of them as places of resort. Line 33, After the Second ("the") intert ("said”). Amendment agreed to. In the Schedule: Page 5, Line 14, After ("of") insert ("Three and "). Line 17, After ("he") insert ("shall first "). Amendments agreed to. that had he been present on Monday and THE EARL OF SHAFTESBURY said, Tuesday evenings he would have ventured to address a few observations to their Lordships upon that Bill, but he had been unavoidably absent on both of those occaplacessions. He would, therefore, then content EARL GRANVILLE thought that the Bill was a very desirable one, and would not oppose the second reading. There were, however, a few Amendments which might be made in Committee, and to which he hoped the noble Marquess would not object. LORD REDESDALE said, that it would be very difficult to carry out the Bill in such a way as not to give an undue advantage to the owners of houses that himself with merely stating that he accepted that Bill as a most valuable middle term, considering the difficulties which surrounded its subject. He rejoiced that so many eminent men of discordant opinions had arrived at an unanimous conclusion on that question, and he did hope and trust that by the blessing of God the measure would operate beneficially to the interests of the Church. Bill passed and sent to the Commons. PROTEST were fortunate to obtain licenses; or, on Against the Third Reading of the Clerical the other hand, to open the whole of the houses in a particular district, and thus to do away with much of the benefit that had been derived from the Act of last Session. He would not, however, oppose the second reading. Motion agreed to: Bill read 2 accordingly; and committed to a Committee of the Whole House on Tuesday the 13th Instant. Bill read 3 (according to Order). LORD CHELMSFORD proposed that the word "or" in the 26th line of Clause 4 be struck out. Amendment agreed to. Subscription Bill. "DISSENTIENT: "1. Because that while agreeing that it is expedient to simplify and assimilate the Laws of Clerical Subscription in all the Provinces of the United Church of England and Ireland, and while acquiescing in the general Reasonableness of the Recommendations made in the Report of the Royal Commissioners upon which this Bill is founded, we deem it inconsistent with the ancient Customs of this Church and Realm that in a Spiritual Matter so nearly affecting the whole Body of the Clergy, Canons enacted with the Assent of the Crown by the Bishops and Clergy synodically assembled should be altered or annulled without a Royal Licence previously given to them to re-con sider and alter those Canons. "2. Because the Course taken in the bringing Amendment proposed in page 2 line 28, After ("Supremacy") insert ("according in and passing this Bill, which alters, without to the Forms set forth in the Twelfth Sec- the Concurrence of all the Bishops and Clergy of tion of the Statute passed in the First the Church in England and Ireland synodically Year of the Reign of King William and assembled, Canons of the Church respecting CleQueen Mary, Chapter 8, intituled "Anrical Subscription as a Condition of Admission Act for the Abrogation of the Oaths of into Holy Orders, is regarded by us as not only Supremacy and Allegiance, and appointing without adequate Precedent, but without sufficient other Oaths"). Ground of general Expediency. Amendment agreed to. "3. Because we think that the passing of this Navy and Marines (Property of Deceased) Referred to Select Committee-Harwich Harbour* * Committee Navy and Marines (Wills) * [180]; [182]; Local Government Supplemental (No. 4) Third Reading-Dockyard Extensions* [145]. of Chancery (Ireland) (No. 2)* [25]; of Chancery (Ireland) (No. 3)* [38]; ments (Ireland) * [68]. ward the Indian Budget this Session; and, if so, at what period? SIR CHARLES WOOD: It is my in tention, Sir, to bring forward the usual Indian statement this Session, but in the present state of the public business I am unable to fix a day. INDIA-WAR IN BHOOTAN. SIR MINTO FARQUHAR said, he would beg to ask the Secretary of State for India, What information he can give the House concerning the War in Bhootan? SIR CHARLES WOOD, in reply, said, he apprehended the state of the case to be this-Certain posts had been occupied before the winter. One of them had been attacked, and, he must say, very disgracefully abandoned; but it had since been retaken. It had not, however, been thought advis able to re-occupy it during the rainy sea son. A second post had been abandoned without having been attacked; but it also had been very gallantly retaken by the force. He believed it was not intended to occupy that at present, either. The information on these subjects was very incomplete, and he was unable to make out exactly what had been done. The European troops had been re-called, except a small portion of artillery, and every precaution had been taken toinsure the health of the troops. INDIA MORTALITY IN THE ROYAL SIR CHARLES WOOD said, in reply, that no official Report had been received Court on the melancholy occurrence to which Judg- the question of the hon. Member referred. He was, however, sorry to say there could be no doubt of its being true that a detachment of Royal Artillery had been ordered to march from Mhow to Kirke, and that a great mortality had occurred in the course of the march. The number INDIAN BUDGET.-QUESTION. |