§ Amendments reported (according to order).
§ Clause 6 (Conditions on which creditor may petition).
§ On the Motion of The LORD CHANCELLOR, the following Amendments made:—In page 3, line 12, leave out ("has"); and in line 13, before ("resided,") insert ("has ordinarily").
§ Clause, as amended, agreed to.
§ Clause 7 (Proceedings and order on creditor's petition).
§
On the Motion of The LORD CHANCELLOR, the following Amendments made:—In page 3, line 23, after ("affidavit,") insert ("of the creditor or of some person on his behalf having knowledge of the facts"); in line 34, after ("debts,") insert ("or that for other sufficient cause no order ought to be made"); and after line 34, insert—
(4) When the act of bankruptcy relied on is non-compliance with a bankruptcy notice to pay, secure, or compound for a judgment debt, the court may, if it thinks fit, stay or dismiss the petition on the ground that an appeal is pending from the judgment.
§ Clause, as amended, agreed to.
§ Clause 66 (Appointment by Board of Trade of official receivers of debtors' estates)
§ THE MARQUESS OF SALISBURY, who had on the Paper the following Amendment:—
In page 36, line 25, leave out sub-section (1), and insert—"A proper person or persons shall 1606 be appointed for each district to act as official receiver or receivers of debtors' estates. Such persons shall be appointed, as regards the London Bankruptcy Court, by the judge of that court, and, as regards other districts, by the judge of the county court having bankruptcy jurisdiction within that district. One person only shall be appointed for each such district unless the Board of Trade shall otherwise direct, and the same person shall not he appointed for more than two districts. The official receivers shall act under the directions of, and may be removed by, the Board of Trade, but shall also he officers of the courts to which they are respectively attached,said, that it appeared, from communications he had received, that the particular kind of patronage in the Bill, objectionable though it might be, was necessary for the working of the measure. He should, therefore, not submit the Amendment to their Lordships.
THE DUKE OF ARGYLLsaid, he was glad that his noble Friend had not insisted on the Amendment. Although he (the Duke of Argyll) had objected to this patronage on first seeing the Bill, he had since made careful inquiry, and had come to the conclusion that the appointment of Official Receivers by the Board of Trade was an essential principle of the Bill.
THE LORD CHANCELLORsaid, he would also express his gratification at the course taken by the noble Marquess.
§ Amendment (by leave of the House) withdrawn.
THE LORD CHANCELLORsaid, that as some apprehensions seemed to have been entertained as to the possibility of an excessive use of the patronage the Bill conferred on the Board of Trade, he had communicated with that Department, and in order to meet that objection, he proposed to add the following Amendment, in page 36, at end of line 31:—
The official receivers who are to he appointed, and the districts with which they are to he associated, shall be fixed by the Board of Trade, with the concurrence of the Treasury. One person only shall be appointed to each district, unless the Board of Trade, with the concurrence of the Treasury, shall otherwise direct.The effect of the Amendment was that it associated the Treasury with the Board of Trade in determining the number of officers to be appointed.
§ Amendment agreed to; words added.
§ Clause, as amended, agreed to.
1607§ Clause 122 (Power for county court to make administration order instead of order for payment by instalments).
THE EARL OF MILLTOWN, in moving, as an Amendment, in page 57, line 12, to insert, after the word "value," the words "in the aggregate," said, the clause would exempt from seizure household goods, wearing apparel, and tools and implements of trade up to the value of £20; and the object of his Amendment was to remove ambiguity as to the meaning of that provision.
§ Amendment agreed to; words inserted.
§ Clause, as amended, agreed to.
§ Bill to be read 3a To-morrow.