HC Deb 15 December 1819 vol 41 cc1168-9
Lord Althorp

said, in rising to move for leave to bring in a bill for the relief of Insolvent Debtors., he wished to explain some particular circumstances in which it differed from the bill passed by the House last session. The House would recollect, that the bill of last session subjected the debtor to a previous, examination of his affairs before coming into court, and that it gave the creditor the power of compelling the debtor to come forward and surrender his property. In consequence of the opposition which that, bill met with in another House, the old Insolvent act was renewed till April next. His majesty's ministers had not only removed the late commissioner of the insolvent court, but they had removed every clerk, and in doing so, he was convinced they had acted most property Whatever was the cause, what had passed had taken away all confidence in that court, and a complete change was absolutely necessary As far as he could learn, the effect of the change had been every thing that could be wished. The present commissioner, as far as the provisions of the law would admit of it, had done every thing that persons engaged in trade could wish. In the bill of last session, he had assumed, that it was impossible for one commissioner to do justice between all parties; but from what had been done by the present commissioner, he thought one commissioner would be sufficient. He understood the bill was lost in another place, principally on account of the power which it gave creditors to compel debtors to take advantage of the act, and to sell their real property. It appeared to him, that the real property of debtors ought to be subject to the payment of their debts, and that a provision to that purpose ought to be adopted. But as such a provision might be fatal to the success of the bill, he now proposed that the real property of the debtor, instead of being sold for the benefit of the creditor, should only be sequestrated for their benefit, the estate itself not being taken from the debtor. His object was to have the bill printed before the recess, that gentlemen might have time to consider it during the recess. The present act expired on the 23rd of April, and he wished to bring this bill before the House soon after the recess, as it was important that a measure of so much importance should have due consideration. He thought it absolutely necessary that a previous examination into the affairs of the insolvent should take place, and that the creditor should have the power of compelling the insolvent to take the benefit of the act, and unless he carried these two points he should consider it his duty to oppose any bill for the relief of insolvent debtors. He concluded with moving for leave to bring in a bill for the relief of insolvent debtors.—Leave given.