HC Deb 09 February 1841 vol 56 cc481-2
Mr. F. Maule

observed, that the other bill for which he had given notice of an intention to move, was connected with that which he had just obtained leave to introduce. For the sake of argument, he would presume that county courts had been established, and being established, he proposed, by a second measure, that the Lord Chancellor should have power to refer to them matters relating to bankruptcy, insolvency, and lunacy. The great question of the bankruptcy and insolvency laws must remain for more skilful and practised hands than his; that subject must be treated in a separate bill, and by those who were both more extended in their views, and more practical in their habits. All he proposed to do on the present occasion was, to empower the Lord Chancellor to remit to county courts matters at present disposed of by country commissioners, of whom it appeared, by a report already laid before the House, that there were 700 in 140 different districts of the kingdom. The duties they discharged in bankruptcy he wished to be undertaken in future by the judges of county courts, and the saving thus effected would go far to provide for the increased expense of the county courts. As to insolvency, he proposed that the same course should be pursued, and he begged to refer the House for information to the report of the commissioners on the subject, which would at once show the saving to be effected, and the frequent circuits of the judges of the county courts would afford more speedy relief to debtors than the present commissioners, who only made their circuits thrice a year. To the county courts, in the third place, he intended to carry all matters relating to lunacy. It was admitted, that the present system worked most inconveniently, and by the change a saving of not less than 10,000l. a year would be accomplished. It might be asked if, with the number of new judges provided in the first bill, he hoped to be able to discharge all these duties? They might or might not be sufficient; and in order that the duties imposed might not be too much for those who had to discharge them, he wished to give to the Lord Chancellor the power of increasing the number of judges, in order that they might keep pace with the increase of business. If the House permitted him to introduce this second bill, he hoped that it would proceed pari passu through its various stages with the first.

Mr. Hawes

observed, that the bill now moved for, would be a most important measure, as regarded the commercial community. Nothing was more notorious than the defective administration of the bankrupt laws in the country, and he said so without intending the slightest disrespect to the 700 commissioners mentioned by the hon. Gentleman. In London the change of system, and the working of it, had given universal satisfaction, and the extension of it to the country, would be a great advantage. In proof of this statement, he would mention, that a memorial from many most respectable and wealthy mercantile establishments in various parts of the kingdom had been presented to the Lord Chancellor, earnestly soliciting such a change.

Leave given.