SECOND READING NEGATIVED. (Hansard, 11 March 1857)

§ SIR GEORGE GREY
said, he must express a hope that the hon. Member would not persevere with a measure of such importance, as there was not a chance of carrying it through Parliament.

§ MR. PELLATT
said, that, although he was aware that it was hopeless to proceed with his Bill, yet he wished to be allowed to explain his object, which was to abolish imprisonment for debt in all cases except those of fraud. By a Return which he had moved for last year, it appeared that there were then 1,098 prisoners for debt in England and Wales, of whom 250 were for sums under £6, and some of those persons had been in prison so long as forty years. That caused a great expense to the country. He believed that the metropolitan authorities were favourable to his Bill, and would gladly see it passed. He found that the commitments in London alone were, in 1852, 870; in 1853, 916; in 1854, 1,096; and in 1855, 1,234. Therefore, the commitments were yearly increasing. Then he found that some of the County Court Judges committed at the rate of 50 per cent, and some at 25, so that it apparently depended on the temper of the Judge. If a man, was fined £5 for an assault and he went to 2185 prison instead of paying, the imprisonment cancelled the debt; but that was not the case with regard to ordinary debts. After fifty years' experience in business, he could state that he had never received a dividend from the Insolvent Debtors Court, and he never knew anything got by sending a man to prison. The object of the Bill was, that a person who was embarrassed in circumstances should be enabled to go before a Judge, give in a list of his creditors and an inventory of his property, and that he should not be liable to imprisonment unless he had been guilty of fraud. He, therefore, begged to recommend his measure to the consideration of the House. The existing system was peculiarly English, and that of a barbarian and uncivilized nation, treating with so little respect the liberty of the subject. He hoped the matter would be better considered in another Parliament. His object was to prevent a debtor, not being a fraudulent one, from being treated worse than a criminal.

§ SIR GEORGE GREY
said, that after the hon. Member had begun by allowing that the Bill had no chance that Session, he hoped that he would not persevere in his Motion.

§ MR. COBBETT
said, he would advise the hon. Member to withdraw his Motion; but at the same time he thought that the right hon. Baronet the Home Secretary ought to state the intentions of the Government with respect to the consolidation of the laws of bankruptcy and insolvency. For the purpose of calling attention to the subject he should vote for the second reading of the Bill if pressed to a division.

§ SIR GEORGE GREY
said, he had said nothing against the principle of the Bill, but under the circumstances he thought that it should not be proceeded with.

§ MR. WHITESIDE
said, he hoped that the law of England and Ireland on the subject would be assimilated.