§ On the motion for bringing up the Report on the Imprisonment for Debt Bill,
§ Mr. Richards moved, that it be brought up that day three months, because he thought the House had not had sufficient opportunity of examining the details of the Bill.
§ The Attorney-Generalsaid, that the Bill had been now a long time before the House, and had passed several times through Committee.
§ Sir F. Pollockagreed to the principle of the measure, but he objected to one clause, which enabled any creditor to make a trader a bankrupt if he did not give security within twenty-one days after being called on to do so for the payment of his debts. Such a change in the law could not, he contended, be effected without creating alarm and disgust amongst the smaller tradesmen.
§ The Attorney-Generalsaid, he had not inserted the clause in the Bill as it was originally proposed, but had been induced to introduce it by the representations of commercial men of all classes. Under the old law, if a trader were arrested for a debt only exceeding 20l. and remained in gaol for three weeks, it became in the eye of the law an act of bankruptcy. Now, the only change which he proposed was, that the creditor should stand in as good a situation as before, without exposing the debtor to the evils of imprisonment, and he added that he was quite willing to limit the security to appearing, and not extend it to actual payment of the debt.
§ The House divided on the motion:—Ayes 20; Noes 58; Majority 38.
§ We give the List on the first Division only.
| List of the AYES. | |
| Alsager, Captain | Hindley, C. |
| Archdall, M. | Inglis, Sir R. H. |
| Brotherton, J. | Lefroy, right hon. T. |
| Chandos, Marquess of | Lowther, J. H. |
| Cole, hon. A. H. | Perceval, Colonel |
| Cole, Viscount | Pollock, Sir F. |
| Elley, Sir J. | Rushbrooke, Colonel |
| Goulburn, Sergeant | Wakley, T. |
| Hale, R. B. | |
| Hamilton, G. A. | TELLERS. |
| Hawkes, T. | Shaw, right hon. F. |
| Hillsborough, Earl of | Richards, J. |
| List of the NOES. | |
| Aglionby, H. A. | Jephson, C. D. O. |
| Augerstein, J. | Jones, T. |
| Baring, F. T. | Labouchere, right hon. H. |
| Bernal, R. | |
| Blake, M. J. | Lennox, Lord G. |
| Bowling, Dr. | Morpeth, Viscount |
| Brodie W. B. | Murray, rt. hon. J. A. |
| Buller, C. | O'Connell, M. J. |
| Callaghan, D. | O'Ferrall, R. M. |
| Campbell, Sir J. | Palmerston, Viscount |
| Chalmers, P. | Parker, J. |
| Clay, W. | Pease, J. |
| Corry, right hon. H. | Rice, right hon. T. S. |
| Dennistoun, J. | Robinson, G. R. |
| Dillwyn, L. W. | Russell, Lord J. |
| Donkin, Sir R. | Sheil, R. L. |
| Duncombe, T. | Stanley, E. J. |
| Elphinstone, H. | Steuart, R. |
| Fitzroy, Lord C. | Thomson, rt. hn. C. P. |
| Forster, C. S. | Thompson, Colonel |
| Gordon, R. | Thornley, T. |
| Grey, Sir G. | Tulk, C. A. |
| Grote, G. | Vigors, N. A. |
| Hastie, A. | Wallace, R. |
| Hawes, B. | Warburton, H. |
| Hinde, J. H. | Williams, W. |
| Hobhouse, rt. hon. Sir J. | Woulfe, Sergeant |
| Young, G. F, | |
| Howard, P. H. | |
| Hughes, W. H. | TELLERS. |
| Hume, J. | Lynch, A. H. |
| Hutt, W. | Talfourd, Sergeant. |
§ Report brought up.
Mr. Richardssaid, if the object of the Bill was to put an end to the credit given to improvident young men, it would fail in that object totally. At such a late hour of the night, however, he should not trouble the House with further observation. He moved that the Bill be recommitted, upon which the House divided:—Ayes 16; Noes 56: Majority 40.
§ A second division took place on the question moved by Mr. Richards, that the House do adjourn;—For the adjournment 14; Against it 54: Majority 40.
§ The Bill to be read a third time.