§ Mr. W. Courtenayrose, in pursuance of the notice he had given yesterday, to move for leave to bring in a bill "to consolidate and amend the Laws relating to Bankrupts." As the House must be aware of the nature of those laws, and of the necessity of revising them, he would not enter into any general view of the subject. It would, however, be proper to make one or two observations on the nature of the proposed measure. One of the main objects of the bill would be, the consolidation of the various acts relating to this subject, in order to present, at one view, the whole state of the law—to point out clearly who were the persons liable to be subjected to its operations; what were the acts which brought them under its controul; and what the power granted by the different statutes. In addition to this, he meant to propose for consideration, some alterations in the existing law. He would not state the whole of the alterations he contemplated, but he would briefly advert to one or two of them. In the first place, he would propose a clause on a very important point; namely, the allowing persons, under certain restrictions and limitations, to declare themselves bankrupt, which, on account of the criminal character attached to the act of bankruptcy, as the law now stood, they were disqualified from doing. He admitted there were circumstances under which this could not be allowed; but, under particular restrictions and limitations, it might be carried into effect. He should also propose some alteration with respect to the manner in which certificates were to be obtained and granted. He felt very great difficulty in legislating on 214 this point. It would be wrong towards the creditor, if the certificate were too easily obtained, and it would be a great hardship if the bankrupt were deprived of it by the obstinate conduct of a single individual. He hoped, however, that means might be devised to meet the difficulties of the case. At all events, he should propose a clause on that point. The learned gentleman then moved for leave to bring in the bill.
§ Mr. J. Smiththought the country was under great obligations to the learned gentleman for the measure which he was about to introduce, and of which he entirely approved. But, considering the situation in which he was formerly placed, as chairman of the committee on the bankrupt laws, and in justice to those with whom he then laboured, he must say, that the measure which the learned gentleman now proposed was identically the same in principle with that which he (Mr. S.) had brought forward some time ago. He had given up much time to the consideration of this subject; but, however well he might understand it, he did not pretend to possess that legal knowledge which would enable him to form a bill of such a description as would meet all objections. The main object of this bill was one which a clever and intelligent solicitor of the city had long been endeavouring to carry into effect. He alluded to Mr. Freshfield, who had for two years given his advice and assistance, almost gratuitously, on this complicated subject. He, therefore, should be sorry, if a question of this kind were taken out of his hands altogether, without stating how much benefit had been derived from Mr. Freshfield's exertions. The learned gentleman had alluded to one or two clauses which he meant to introduce. One of these he was afraid would meet with considerable opposition. He alluded to that which related to the obtaining of certificates; and which would prevent the withholding of that necessary document from the bankrupt at the pleasure of a single creditor. No clause could deserve more serious consideration than this; because, to his own knowledge, some most grievous hardships, he would say most abominable acts of injustice, had been suffered by bankrupts, in consequence of the conduct of individual creditors who had large demands on them; and who had kept their certificates from well-meaning bankrupts, and condemned them to want and misery for 215 the remainder of their lives. He could instance many cases of that sort; and he hoped that an end would be put to so oppressive a practice.
§ Mr. Serjeant Onslowapproved of the consolidation of the bankrupt laws into one system. The decisions under the various acts had rendered a very complicated system of law necessary. He joined most cordially in the tribute which his hon. friend had paid to a gentleman, not a member of that House. He knew that individual well, and was aware how much his valuable time had been devoted to this subject. The measure which that gentleman's industry had so great a share in producing, was, he conceived, the foundation of the present.
§ Mr. Abercrombysaid, that if the intention of his hon. and learned friend was, to make an alteration in the existing acts by leaving out certain parts of them, and thus altering, in many respects, the law, he had, undoubtedly, imposed on himself a duty of extreme difficulty; because there was nothing so difficult, after all the decisions under those laws, as to say, that he would embody all that was necessary in his consolidated act, and at the same time preserve untouched those decisions. It was an arduous task, and he hoped the public would have no cause to complain of his hon. and learned friend's labours. He entirely approved of the alteration which the learned gentleman meant to introduce. It was an approximation to the Scotch cession bonorum, and tended to remove that absurd doctrine which prevailed under the existing law; namely, that committing an act of bankruptcy was to be treated as a criminal act. As he had gone so far, the learned gentleman, in his opinion, ought to alter the whole shape of the bankrupt laws, and give to them a character more adapted to the present state of society, and better suited to the great extension of the commercial affairs of the country.
§ Leave was given to bring in the bill.