HC Deb 25 February 1857 vol 144 cc1306-7
MR. J. D. FITZGERALD

said, he would beg to ask for leave to introduce a Bill to consolidate and amend the laws relating to bankruptcy and insolvency in Ireland. The Bill was nearly similar to one which had obtained a second reading last Session, when the only Amendments made were those of the hon. Member for Dublin. The Bill he asked to introduce would be a reprint of that Bill, save and except that it would adopt all the Amendments just referred to.

MR. WHITESIDE

said, the condition of the law of bankruptcy, and the conflict of jurisdiction now existing in regard to the winding-up of commercial and other companies, were a disgrace to the country, and called loudly for the interference of some authority such as that of the proposed new Department of Justice.

MR. MALINS

said, he would suggest to the right hon. and learned Gentleman not to omit providing an appeal in cases of insolvency. In every case of bankruptcy an appeal was allowed, but not so in the Insolvent Debtors Courts, from which no appeal lay, and he himself had known cases where the greatest injustice had been the consequence. With regard to the general state of the mercantile law, he quite concurred with his hon. and learned Friend (Mr. Whiteside) in his description of it, and he hoped no time would be lost in remedying such a horrible state of things.

MR. J. D. FITZGERALD

said, that on every question of property the measure gave an absolute right of appeal in insolvency cases. The point referred to by the hon. and learned Member for Enniskillen had not been lost sight of, as the Bill provided a perfect scheme for winding-up in all cases not covered by the Joint-stock Companies Act of last Session.

Motion agreed to.

Bill to consolidate and amend the Laws relating to Bankruptcy and Insolvency in Ireland, ordered to be brought in by Mr. ATTORNEY GENERAL for Ireland and Mr. HORSMAN.

The House adjourned at thirty-five minutes after Five o'clock.