§ LORD ST. LEONARDSpresented the Minutes of Evidence taken up to this time before the Select Committee to whom was referred the consideration of the Bankruptcy Bill, and the District Courts of Bankruptcy Abolition Bill. With regard to these Bills, as he understood the Government intended to institute an inquiry into the whole subject of the law and judicature of bankruptcy and insolvency, he would postpone the further consideration of the Bills for the present. He moved that the evidence be printed.
The LORD CHANCELLORsaid, it was perfectly true that he had had his attention directed to the provisions of the Bill of his noble and learned Friend, and also of the Bill of his noble and learned Friend near the table (Lord Brougham), and he had thought it expedient, or, he might say, absolutely necessary, to have the subject more thoroughly investigated than it had been at present. It so happened, from what cause he knew not, that the amount of business done in the Bankruptcy and Insolvent Courts had so much diminished, that instead of being, as heretofore, self-maintaining courts, unless some great alteration took place there would be no funds for conducting them. He knew that it was the opinion of his noble and learned Friend near the table that the business of these Courts might be safely transferred to the County Courts, and the Bankruptcy and Insolvent Courts might be altogether got rid of; while his noble and learned Friend who had just addressed their Lordships was of a contrary opinion. Perhaps he (the Lord Chancellor) ought to have formed a more decided opinion, but he had not formed any very decided opinion. He wished to have full and complete information; and, with the view of obtaining that information, he should direct the most searching inquiries to be made.
§ In reply to Lord ST. LEONARDS,
The LORD CHANCELLORsaid, he would rather not state the manner in which the inquiry would be conducted. He ought to have stated that there were three matters to be inquired into, namely, Bankruptcy, Insolvency, and the state of the County Courts, so far as to ascertain whether those Courts could or could not be usefully made ancillary to the Bankruptcy Courts.
LORD BROUGHAMapprehended that this was one of the most important subjects which could occupy the attention of their Lordships. He entirely concurred in the propriety of the course then taken by his noble and learned Friend (Lord St. Leonards) in postponing these Bills. His noble and learned Friend on the woolsack having stated it was the intention of the Government to institute inquiries into these matters, nothing, in his opinion, could be more inconvenient or preposterous than to make changes in a certain portion of the law at the time when a most extensive inquiry was pending, not only with respect to the law, but with respect to the tribunals to which the administration of the law should be intrusted. He, therefore, thought his noble and learned Friend (Lord St. Leonards) had adopted the only rational course in postponing for the present any further proceedings with the two important measures that noble Lord had introduced. He was glad to find that the whole subject would at length be fully and satisfactorily settled by the investigations of a Commission.
§ LORD ST. LEONARDSIt is not so stated.
LORD BROUGHAMwas convinced nothing could be more satisfactory than inquiry by Commission, and nothing more unsatisfactory than inquiry by Committee. Another Parliamentary Committee could do nothing; but from the labours of a Commission they might expect the greatest possible benefit.
§ Minutes of Evidence ordered to be laid upon the table of the House, and to be printed.