HC Deb 18 February 1861 vol 161 cc498-9

Bill considered in Committee:—

(In the Committee.)

THE ATTORNEY GENERAL

said, he rose to move a Resolution charging the salary of the Chief Judge of the new court and his secretary on the Consolidated Fund.

SIR HENRY WILLOUGHBY

said, it would have been more convenient if these Resolutions had been printed before the Committee was called upon to discuss them. The House had objected to the principle of compensation in the matter of bankruptcy officials, and he wished to know whether the present was not another mode of obtaining compensation from the Consolidated Fund for these officials?

MR. MASSEY

observed that the word "compensation" was not used in the Resolutions.

THE ATTORNEY GENERAL

said, he had stated the other night that, in conformity with a Resolution of the House passed last Session, he had carefully abstained from attempting to charge the Consolidated Fund with any of those sums which were then objected to. These Resolutions were confined entirely to the salaries of the officers and the stamps to be used in the proceedings of the court.

SIR HENRY WILLOUGHBY

said, from what he understood the hon. and learned Attorney General to say on a previous occasion, he had certainly not proposed to introduce compensation direct, but in the shape of a vote annually in the Miscellaneous Estimates. That was the nature of the change. As that in no way removed the objection he had to the principle, he should deal with the subject when it was brought forward in the Estimates.

Motion agreed to.

1. Resolved,That the Salaries of the Chief Judge and his Secretary, and the Retiring Annuity of any Chief Judge, which may become payable under any Act of the present Session for amending the Law relating to Bankruptcy and Insolvency in England, shall be charged upon the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

2. Resolved,— That, in addition to the ordinary Stamp Duty, every deed or instrument made or entered into between a debtor and his creditors, or any of them, or a trustee on their behalf, relating to the debts or liabilities of the debtor and his release therefrom, and the distribution, inspection, management, and winding-up of his estate, or any of such matters, shall be chargeable before registration with a Stamp Duty computed according to the following rule: (that is to say) if the estate and effects to be collected, administered, or distributed under such deed shall be sworn not to exceed the sum of Five hundred pounds, a Duty of Two pounds; if such estate and effects shall be sworn

Document. Stamp Duty in lieu of Fees.
£ s. d.
Every Petition presented to a Court of Bankruptcy for Adjudication of Bankruptcy, or for Arrangement between any Debtor and his Creditors, or for the Distribution of the Estate and Effects of a deceased debtor 5 0 0
Every such Petition when presented to the London Court or to a County Court by Traders whose Debts do not exceed £300 1 0 0
Every Order of Discharge 1 0 0
Every Declaration of Insolvency 0 2 6
Every Registration of Trust Deeds 0 10 0
Every Summons of Judgment Debtor or Debtor 0 2 6
Every Admission of such Debtor 0 2 6
Every Deposition of good Defence 0 2 6
Every Bond with Sureties 0 5 0
Every Application for Search for Petition or other Proceeding 0 1 0
Every Application for Appointment of any private Sitting or Meeting in any matter under this Act 0 5 0
Every Allocatur by an Officer of the Court for any Costs, Charges, or Disbursements,—where such Bill of Costs shall not exceed £5 0 1 6
Exceeding £5 and not exceeding £10 0 2 6
Exceeding 10 and not exceeding 20 0 5 0
Exceeding 20 and not exceeding 30 0 7 6
Exceeding 30 and not exceeding 50 0 10 0
Exceeding 50 and not exceeding 100 0 15 0
Exceeding 100 and not exceeding 150 1 0 0
Exceeding 150 and not exceeding 200 1 10 0
Exceeding 200 and not exceeding 300 2 0 0
Exceeding 300 and not exceeding 500 3 0 0
Exceeding 500 5 0 0

Resolutions to be reported To-morrow.