§ Bill considered in Committee.
§ (In the Committee.)
§ Clause 1 (Priority of debts).
§ On Motion of Mr. ATTORNEY GENERAL, the following Amendment made:—
§
In page 2, line 15, to insert—
(4) "In the event of a landlord or other person distraining, or having distrained, on any goods or effects of the bankrupt or of the Company, or having received any payment or undertaking in consideration of not so distraining, the debts to which priority is given by this section shall be a first charge on the goods or effects so distrained on, or, as the case may be, on the money so paid, or on the money payable under any such undertaking.
Provided, that in respect of any money paid under any such charge the landlord or other
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person shall have the same rights of priority as the person to whom such payment is made.
§ Clause, as amended, agreed to.
§ Clause 2 (Amendment of law as to landlords power to distress).
§ On Motion of Mr. ATTORNEY GENERAL, Clause 2 omitted.
§ Clauses 3 to 6, inclusive, agreed to.
§ Clause 7 (Short title).
§ On Motion of Mr. ATTORNEY GENERAL, the following Amendment made:—In line 39, leave out "of wages," and insert "of bankrupty."
§ Clause, as amended, agreed to.
§ New Clause—
§
After Clause 1, insert the following Clause:—
(Amendment of Law as to conditions for presenting bankruptcy petition.)
Notwithstanding anything in 'The Bankruptcy Act, 1883,' a creditor may present a bankruptcy petition against a debtor, although the debt owing by the debtor to the petitioning creditor, or the aggregate amount of debts owing to the several petitioning creditors, does not amount to fifty pounds,"—(Mr. Attorney General,)
—brought up, and read the first time.
§ Motion made, and Question proposed, "That the Clause be read a second time."
§ MR. TOMLINSON (Preston)said, this clause seemed to be a good deal wider than the scope of the Bill; it seemed to deal with the general Law of Bankruptcy.
§ THE ATTORNEY GENERAL (Sir RICHARD WEBSTER) (Isle of Wight)said, the object of the Bill was to enable the wages of a servant to be paid. In many cases this was not possible, in the case of a servant to whom a small amount was owing, as the operation of the Bill might be defeated by a collusive arrangement made behind the hack of a servant, and, therefore, this provision was proposed that, assuming the wages were due, there should be means of getting them paid by direct action of the creditor. It was to prevent collusive action. If a man could not pay wages up to £50, he ought to be made a bankrupt.
§ MR. SYDNEY GEDGE (Stockport)said, he objected; was not this a complete alteration of the Law of Bankruptcy for all creditors?
§ SIR RICHARD WEBSTERsaid, his hon. Friend was right; it did alter the Law for all creditors, but it did not seem fair to make the alteration for one set of creditors and not for others. He thought it a desirable Amendment, to which he did not anticipate opposition.
§ MR. SYDNEY GEDGEsaid, it seemed to him there should be some kind of sure ground established before making the alteration. It was a very large alteration indeed, and should be considered more fully than it had been or could be on that occasion, and, therefore, he must object to it.
§ SIR RICHARD WEBSTERsaid, rather than sacrifice the rest of a useful Bill, he would not press the point. However advantageous it would be to have the clause, without it the rest of the Bill was worth having. He did not want to detain the Committee now discussing the matter, and would withdraw the clause.
§ MR. MUNDELLA (Sheffield, Brightside)said, he hoped the hon. and learned Attorney General would not yield. He believed the general sense of the Committee was with him. Did the Board of Trade favour the clause?
§ THE PRESIDENT OF THE BOARD OF TRADE (Sir MICHAEL HICKS-BEACH) (Bristol, E.)said, he was certainly in favour of the clause, and should like to proceed with it if his hon. Friend the Member for Stockport could be persuaded to withdraw his opposition.
§ MR. SYDNEY GEDGEsaid, he must certainly maintain his opposition, because even if this large alteration in the Bankruptcy Law was desirable, on which point he was not then prepared to express any opinion, it ought not to be made, without notice, in a Bill which dealt with another matter; and, further, he would appeal to the Chairman and ask if it was in Order and competent for the Committee, without an Instruction, to make such an alteration in the Bankruptcy Act in dealing with another and definite subject.
THE CHAIRMANsaid, certainly there was a serious objection on that account, and to move the clause now was not in Order. If he might make a suggestion, it could be dealt with by the House on Report and by special Instruction.
§ MR. MUNDELLAasked if, by giving Notice of the clause, it could be introduced on Report.
§ Schedule.
§ On Motion of Mr. ATTORNEY GENERAL, the following Amendment made:—In column 3, leave out "section forty-two."
§ Bill reported; as amended, to be considered upon Monday next.