Lords Sitting of 8 December 1812

INSOLVENT DEBTORS' AMENDMENT BILL.
Lord Ellenborough,in presenting this Bill to their lordships' consideration, took occasion to remark, that the Insolvent Debtors' Act of last session had contained a clause, extending relief to debtors confined for sums exceeding 2,000 l., but great doubt and difficulty had arisen in attempting to carry this clause into execution. The provisions of that part of the act directed, that a barrister of each court should be appointed, under the chief justices and the chief baron, to meet and examine into the respective cases of those who intended to take the benefit. But this clause having been added to the Bill, had subjected its execution to considerable deficiency. One omission was, that no power or direction was given, whereby these prisoners
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could be brought with safety before the barristers, without, in case of escape, subjecting the gaolers to responsibility; besides, there was another material defect, for after the barristers had inquired, which they had done by going themselves to each of the prisons in the metropolis, they had reported to their respective courts the result of their examinations; and yet no direction was given how the discharge was to be made out. Under these circumstances, it was necessary to apply to the legislature, and the Bill which he held in his hand was calculated to remedy these defects. It provided, that the barristers should have more ample power; that a warrant might be issued under their hands, authorising the gaolers to bring before them the prisoners described; it also provided, that the barristers might administer the necessary oath, which was left unexpressed in the former act; and further directed the investment of the prisoners' property in the hands of the clerk of the peace of the county, for the benefit of their creditors. Another provision was, that the decision of the barristers should be final. With respect to the bringing up of prisoners not confined in the gaols of the metropolis, it was directed they should be brought up by application for a Habeas Corpus to one of the judges of the Court. The noble und learned lord having stated the nature of this Bill, moved that it now be read a first time.—The Bill was accordingly read the first time.