§ The Bill for amending the Act of last session, for the relief of insolvent debtors in England, passed through a committee, and was reported without amendment.
§ On the report, lord Redesdale move some verbal amendments, which were agreed to, and the Bill was ordered to be ingrossed.
The Lord Chancellorobserved, with respect to lord Ellenborough's temporary 223 Insolvent Bill, that it would be necessary to make some alterations in it, in order that the two Bills might go on together; and with the view that there might be no delay he moved, That the Standing Orders be taken into consideration tomorrow and Friday; so that the temporary Bill might, if necessary, pass through two stages in one day, and at all events be passed on Friday.
§ Lord Redesdalewas of opinion, that his amended Bill would remove all the difficulties that had occurred in the execution of the Act of last session; but he acknowledged that time and experience could alone render the permanent system perfect. He was therefore willing to agree to the temporary Bill, with the alteration suggested, in order that a speedy discharge might take place of the debtors at present in custody; with the thorough understanding that no temporary insolvent Bill would be again resorted to by the legislature. On the subject to which he had adverted on a former night, respecting the marshal of the King's-bench not having obeyed the order of the commissioner, or assigned any reason for such conduct, he had been waited upon by the marshal, who staled to him that he did send an apology to Mr. Serjeant Palmer. He (lord Redesdale) did not think the apology sufficient; but certainly the sending an apology made an alteration in the case.
§ Lord Ellenboroughsaid, it was the farthest from his intention to advocate the conduct of any individual who disobeyed the law; but gaolers acting at their own peril might reasonably entertain doubts, until better informed, as to whether they might be liable to an escape for bringing up their prisoners under the authority of this court. He had however, no doubt, that under the Act of last session, as it stood, they would be completely indemnified in acting under the authority of the court constituted by the Act, and the point had been settled in the court of King's-bench a few days since by a decision to that effect. There could therefore no longer be any difficulty upon this head, With respect to his temporary Bill, he was willing to agree to the alterations suggested, in order that the two Bills might go on together.
The Lord Chancellorstated, that he had no doubt whatever, that gaolers acting under the authority of the court constituted by the Act of last session would be completely indemnified for any act done 224 under such authority. With respect to the temporary Bill, the alterations he proposed to make would be short; in the first place a new preamble, that might be nothing in it of the repeal of an Act which the and then to add a clause or two to regulate the mode in which persons who had gone through the forms under the Act of last session might apply for relief under this Bill. The tow Bills might thus be passed together.
Lord Holland, after the candour which had been displayed, felt himself called upon no longer to oppose the temporary Bill, with the alterations suggested by the noble and learned lord on the woolsacks. With respect to what he had stated regarding the marshal of the King's-bench, he had received a letter from that; gentleman mentioning that he had sent an apology to Mr. Serjeant Palmer, for not bringing up his prisoners as ordered; the fact, therefore, of his having sent an apology, so far made an alteration in the case.