Lord BroughamI gave notice last night of my intention of presenting this evening a Petition from a very respectable solicitor, containing serious complaints—not of any malversation—certainly not — nothing of the kind—nor of any incompetency—quite the contrary, for there are not more learned men, nor more honourable men, in the profession of the law than these gentlemen, with reference to whom that Petition is drawn up—I mean those gentlemen who have been appointed from time to time, both by my noble and learned Friend on the Woolsack and myself, to act as Commissioners of Bankruptcy in the city of London — but the complaint is relative to a subject which there is no doubt about whatever in point of fact, because we have it under the hands of these Commissioners themselves. These gentlemen make returns, we have full returns relative to their attendance at their courts, and they do not seem to attend above three days or three days and a half in a week, and one there is who does not sit more than two days in the week, thus leaving five days blank, and for this these gentlemen receive 2,000l. a year. However, I shall not only not present this Petition to-day, but I shall not present it at any time, if my noble and learned Friend upon the Woolsack gives me reason to hope that these six Commissioners will at length be pleased to attend in proportion to the amount of the business to be got through, and not put suitors to the inconvenience to which not merely this petitioner, but scores of petitioners who have privately complained to me, are every day subjected.
The Lord ChancellorI certainly did ask my noble and learned Friend not to present the Petition to which he has alluded, until I had an opportunity of seeing it, and of communicating its contents to the gentlemen to whom it refers, in order that I might receive from them such explanations on the subject as they might be in a condition to offer to the House. The Petition really contains a very grave and serious charge—a charge which should not be brought forward without giving the parties accused an opportunity of replying. I hope my noble and learned Friend, therefore, will allow 243 me to look at the Petition with this view. I have always given my noble and learned Friend that credit for the alteration in the Bankrupt Law which he is entitled to have; but now the very persons appointed under these alterations, and appointed principally, indeed, by my noble and learned Friend himself—and nobody could find fault with his selection—I say it is these very persons of whom the complaint is now made. They certainly ought to have time to offer any explanation they may choose, to the complaint of the Petition.
Lord BroughamI would not have done so much as I have done, I would not have brought forward the complaint, had I not had the subject of that complaint under the hands of the parties themselves. They have stated the facts complained of in their own handwriting.
The Lord ChancellorI have had a conversation with one of the Commissioners, and he says, "It is true we don't sit every day, but our labours out of court are greater than our labours in it. We have papers to look over at home, points to settle, and so forth." As for myself (continued his Lordship) I am sure that my labours out of court are much greater than in court.
Lord BroughamI am quite aware of all that, and I will be ready to meet any person who maintains the doctrine that the Commissioners should sit every day. But at present, they crowd too much. They crowd thirty or forty things into one day's sitting, and, in fact, the petitioners cannot get into the court in consequence of the crowd of suitors gathered there.
The Lord ChancellorThat was another point I mentioned. My noble and learned Friend really exaggerates very much when he talks of thirty and forty cases. The Commissioner, with whom I had a conversation, stated the number to be generally twelve, or sixteen, or eighteen Petitions per day.
The Lord ChancellorAnd many of these are mere matters of form which can be disposed of in two or three minutes. One or two may be more important and serious, requiring time and consideration. But the gentlemen themselves will furnish a due explanation. I have no doubt at all but they can give a satisfactory explanation.
Lord BroughamWell, I hope so too; but the explanations hitherto given have been quite unsatisfactory, and, though these things are trifling in themselves, 244 they require attention. Now, in one case, there were five witnesses, sheriffs' officers, and other persons from the country, who were obliged—the case not having been heard on account of the quantity of business to be done—who were obliged to go back the first day and come back the next, the expense of all this being charged to the estate in question—by the way, a very small one. This was one of the consequences of the present system.
Lord CampbellI am glad that my noble and learned Friend has postponed the presentation of this Petition, because I think the gentlemen referred to in it ought to have an opportunity of explaining away, if they can, its allegations. The Petition throws out very serious charges against them—accuses them of very considerable negligence in discharging their duties: I therefore think they onght to have an opportunity of defending themselves. Their appointment gave universal satisfaction, and I hope it will turn out they that have performed their duty in such a manner as was to be expected from their known and admitted qualifications for discharging it.
§ Subject dropped. House adjourned.