16 FEBRUARY 1861, Page 4

blurts litth Vroarhingo iiiVarlivant. Flores OP Loans. Monday, February 11.

Statute Law Consolidation; the Lord Chancellor's Bill read a first time. [This bill repeals obsolete statutes]—Indictable Offences (Metropolitan Districts) Lord Chelmsford's Bill read a second time—Public Business; Committee nominated. Tuesday, February 12. Forged Trade Marks; the Lord Chancellor's Bill read a first time—Fictitious Savings Banks; Lord Monteagle's Bill read a second time—

Lord Carlisle's Government; Lord Leitrim's Strictures. Thursday, February 14. Admiralty Court; the Lord Chancellor's Bill read a first time—Subdivision of Dioceses, Lord Lyttleton's Bill read a first time—Votes of Thanks to the Army and Navy in China agreed to sees. con.

HOUSE or Colotoxs. Monday, February 11. Supply; Indian Loan — Bank- ruptcy and Insolvency; Sir Richard Bethell's Bill read a first time-- Registration of Births, &e. (Ireland) Bill; Markets and Fairs (Ireland) Bill read a first time—Chat- ham Dockyard (Purchase of Land) Bill read a first time—Red Sea and India Tele- graph Company Bill read a first time—Public Business; Committee nominated. Tuesday, February 12. Disqualified Witnesses; Sir J. Trelawny's Question— Conveyance of Voters; Mr. Collier's Bill read a first time—County Boards; Sir J. Trelawny's Bill read a first time—Offices held by Members; Mr. White's Motion— University Elections; Mr. Dodson's Bill read a first time—Church Rates; Mr. Hub- bard's Bill read a first time—Public Offices Extension.; Mr. Cowper's Bill read a first

time. Wednesday, February 18. No business of importance.

Thursday, February 14. votes of Thanks to the Army and Navy in China adopted nem. con.—Bankruptcy and Insolvency Bill read a second time—Parish Assessments Bill read a second time—Red Sea Telegraph Bill read a second time —Criminal Law Of Ireland Consolidation Bills introduced—The Vacant Seats of Sudbury And St. Albans; Sir George Lewis's Bill read a first tr—Poor Removal; Mr. Villiers's Bill read a first time. Tze BANKRUPTCY BILL, Sir RicEenn Bzrzem., on Monday, moved for leave to introduce a Bill to amend the law relating to Bankruptcy and Insolvency, and ex- plained the provisions of the new measure. In deference to the opinions expressed last year, and surrendering his own judgment, he has given up the attempt to consolidate the whole written law of bankruptcy, and has produced a bill less by one half than the ponde- rous measure of last session, and therefore an amending bill, of a frag. mentary and disconnected character. But if passed, this bill will in some future session enable us to consolidate the whole law of bank- ruptcy. By the present measure, as in the bill of last year, the Attorney. General proposes to separate the judicial from the administrative func- tions, to restore to the creditors of a bankrupt the power to settle their own affairs, to reduce the expense of bankruptcy proceedings, and to establish an effectual audit, and a superintendence of creditors by official assignees. The bill also retains the provision for one Chief Judge, but the proposal to abolish the five London Commissioners is abandoned, and they will remain precisely as at present. The two Commissioners of the insolvent Court will be abolished, but this will involve compensation only for one, the other having been appointed on the express understanding that he might be removed. The bill will leave the administration of justice, both in insolvency and bank- ruptcy, in the same court. Another part of the bill makes the juris- diction of the County Courts unlimited at the pleasure of creditors, but it is provided that all petitions for adjudication of bankruptcy, except where the assets are less than 300/., must first be presented in the Bankruptcy Court. Then as to procedure, a man who is an honest trader, and a non-trader who is an honest man, will be able to surrender his property and have it administered under a private deed, without incurring the stigma of bankruptcy, the creditors determining whether the estate shall be wound up in bankruptcy or by a deed. As to proof of debts, a written paper, containing a statement of account and signed by the party,. is, when unopposed, to be taken as proved. en the creditor assignees will in future have the right of receiving applying, and administering the estate, but the official assignee will act as an efficient auditor, active inspector, and vigilant superinten- dent of the creditor assignees. The next question is the discharge of the bankrupt. The Chief Judge will be armed with power to examine into cases of misconduct ; the distinction between the different cer- tificates will be abolished, and the Chief Judge will have power to refuse, suspend, or grant a certificate, or commit the bankrupt to prison for a term not exceeding one year. The Attorney-General here said, he should have been glad, if he could have defined it to have made it a criminal offence to trade with false capital "principally produced by an excessive and unjust application of accommodation bills." In excess it ought to be punished as fraud, but excess cannot be defined. He has therefore given the judge power to inflict a sentence of imprison- ment for twelve months on those cases of delinquency not amenable to the criminal law. There will be no appeal from the decision of the judge.

So far the trader; next came the non-trader. Here Sir Richard gave a description of the working of the present law, which gives creditors the power of imprisonment, thereby rendering a debtor care- less to himself and a burden to the community. "To the-creditor it

produces no good; to the state at large it is an unmitigated evil." The debtor is demoralized, and comes out of gaol a worse man than he entered it. Sir Richard therefore proposes that the law shall give the non-traders the opportunity of surrendering their property, and that, having surrendered it, they shall be protected from arrest. Then as to tests of insolvency. A debtor is insolvent who absconds from the country to evade his creditors, who cannot be found when judgment has been obtained against him, who has been arrested on final process. Sir Richard does not propose that the future estate of a debtor shall be liable for his debts except under special circumstances. "For my part," he said, " I confess that I do not think a man, if he chooses to give credit, is entitled, morally or upon grounds of good policy, to anything more than an equitable distribution of all the means in the- possession of a debtor at the time he gives him credit." The bill does not go to the length of abolishing imprisonment for debt, and Sir Richard regrets that it does not ;. but he has included in his bill pro- visions which he trusts will arrive at. the same result as if it had. The other provisions of the bill relate to the mode of enabling creditors to wind up the affairs of a debtor without going into a court of bank- ruptcy. As to salaries, he proposes that the Chief Judge shall be paid out of the public revenue, that the commissioners shall be paid as they are paid now, and that any compensation to be awarded shall fall upon the Consolidated Fund. The measure was very favourably received by both sides Mr. WAL-- POLE making some prudent reserves, and it was read a first time.

The bill was read a second time on Thursday without a division, and ordered to be committed on Monday.

But there were sonic criticisms. Mr. ROEBUCK said the measure would increase the cost of proceedings, and largely benefit the attor- neys, and that it was an alteration, not a reform of the law. From, this position, Mr. MOFFAT emphatically dissented. Mr. Boma, criti- cised the bill at length, complaining that it was fragmentary, that it did not remove the confusion arising from the blending of the judicial with the administrative functions of the court, that if it were deemed expedient to create a Chief Judge, the commissioners should have been abolished ; that all the mischiefs of the existing department, even the messengers, were to be retained; that it reverted to the old system by substituting creditors' assignees for official assignees; and that, as Mr. Roebuck said, the measure, if passed, would revive the evils swept away in 1831. Mr. EWART and Mr. HADFIELD supported the bill. Sir RICHARD BETHELL said it was proverbially difficult to please everybody. When he brought in a comprehensive scheme it was de- nounced as a huge production that could not be examined. When he brought in a smaller bill it was denounced as imperfect. The differ- ence between the present bill and the last was merely this the present bill does not re-enact the provisions in the statute law. He answered Mr. Roebuck by saying and showino. that Mr. Roebuck knew nothing about the bill, and proceeded to defend the sections assailed. Mr. MATINS endeavoured to have the committee postponed, but failed; and the bill was read a second time and the committee fixed for Monday. THE SUSPENDED SEATS.

Sir GEORGE LEWIS moved for leave to bring in a bill to assign the seats forfeited by the disfranchisement of Sudbury and St. Albans. This proposal is to give one seat to the West Riding, a second to South Lancashire, a third to Chelsea and ;Kensington, and the fourth to Birkenhead. These places he appears to have selected onthe ground of population, and the diversity of interests that will be represented. He did not deny that other alternatives might be submitted to the House, but the plan he had described is that considered fair by the Government.

Mr. BENTLNCK put in a word for the counties whose claim rests on the maxim that taxation and representation are convertible terms. Mr. STARLING suggested that the Scotch Universities should be represented. Mr. MAGUIRE demanded the four seats for Ireland. Mr. AYRTON described the bill as a "miserable abortion," and replied with warmth to Mr. Bentinck's plea for the counties. He attacked the Government for attempting to escape from the performance of its duty, saying that if the part of Ridiculus Mus in the Mountain of Reform was to be played, Lord John Russell should have played it, and not have imposed the ridiculous performance on the good-natured Home Secretary. This called up Lord PALMERSTON, who repudiated the whole of Mr. Ayrton's insinuations, and accused the Liberal party of evading and shelving the question of Reform last year. He claimed the seats for England, and defended the Government selec- tion. Mr. KNIGHTLEY, taking up Mr. Bentinck's cry, replied to Mr. Ayrton by a counter attack, and said the Conservatives have always been ready tosive a lower franchise than the present, providing the counties and boroughs are placed on a perfect equality in every respect. After a few words from Sir Grkitos Lzwis, leave was given, and the bill was read a first time.

INDIAN FINANCES.

When the report of supply was brought up on Monday, Mr. EMILIE said that Sir Charles Wood's statement respecting the Indian loan was calculated to mislead the public. The money for the Indian rail- ways was subscribed by the public in this country, and paid over to the Indian Government, who could apply it to their own purposes, but who were bound to pay the instalments on account of the works in India whenever they became due. Now, if as he believed, the Indian Government had received and spent the money, and now found that the claims upon them were greater than they anticipated, then there was clearly a deficit of 3,000,000/. beyond the 6,000,000/. stated by the Governor-General. If on the other hand, the money had not been paid over to the Indian Government by the railways, then, in point of fact, the Government were now raising a loan to relieve the share- holders from paying up their calls until the rate of interest had fallen from its present height to three or three and a half per cent. If his first supposition was correct, there would really be a deficit of 9,000,0001.• of which 3,000,000/. would, as he understood the matter, be provided by the loan, and 6,000,000/. out of the balances in the Indian treasury. Taking the lowest estimate, 6,000,000/., Mr. Baillie left it to the House to decide whether it was likely that in the ensuing year the Indian Government would be able to reduce their expenditure mother 3,300,000t., and to raise 2,700,0001. more by taxation.

Sin CHARLES WOOD repeated that he had told the House he was about to raise a loan not for the service of India, but to make good an excess in India, and a deficiency of payments in this country on rail account.

At the end of last session he stated that he expected payment on account of railroads from this country amounting to 7,000,000/., and an expenditure in this country of 2,500,0001., and in India of 4,750,000/., 250,000/. of that sum being provided by a reduction of the railway balances. If that had been the only amount drawn from the Indian Treasury for railway payments, he should have received from that country a remittance of 1,250,0001. Circumstances, however, had been such that the expenditure on railway accounts in India had amounted to 6,000,0001., thus exactly absorbing the sum which he expected to receive from that country, and he was, therefore, obliged to borrow in this country in order to make good the deficiency. Up to this time the payments on account of rail- roads in this country amounted to 4,500,0001.; and he anticipated that by the 30th of April he should receive 1,000,0001. more. This would make five mil- lions and a half inste Id of seven. The balance of 1,500,000/. for which he was thus obliged to provide, added to the million and a quarter of which he had already spoken, made 2,750,0001., which approached as closely as possible to the three millions he had been obliged to borrow to put the finances right at the end of the year. Mr. Bane would see that this had nothing to do with the income and expenditure of India ; it was merely a cash transaction.

Sir Charles maintained that an equilibrium would be established in the Indian finances. There will be a deficit in 1860-1 of 5,500,000I., and this will be met, the produce of the income-tax 2,500,000/., and a further reduction of expenditure of 3,000,000/., placing the finances in a state of equilibrium.

VOTES OF THANKS FOR SERVICES IN CHINA.

Votes of thanks to Lieutenant-General Sir Hope Grant, Vice-Ad- miral Sir James Hope, Major-General Sir John Michell, Major-General Sir R. Napier, and Rear-Admiral Jones, and to the officers and men engaged with them in China, were moved aud carried in both Houses on Thursday.

In the House of Peers, Lord HERBERT OF LEA moved the resolu- tions in a speech, the first he has made in that House, doing ample justice to the skill: daring, and ingenuity displayed ; particularly specifying the success of the Armstrong gun— the best gun in the world"—noting the low rate of mortality, and calling attention to the admirable organization of the force, especially in the medical and com- missariat departments. The Earl of DERBY seconded the motion, continuing the strain of eulogy, and only taking a qualified exception to the burning of the Emperor's summer palace, which he seemed to think neither politic nor necessary. The Duke of CannaineE, Lord CLYDE, and Earl GREY joined in the tribute of praise to the Army and Navy, but Lord Grey took occasion to repeat his objection to the whole war, and to intimate that he should raise the question on some future day. The Marquis of BATH denounced the burning of the summer palace, and the Earl of ELLENBOROUGH claimed all the credit of the expedition for Lord Elgin, saying that he alone rescued the army from a position " utterly false in a military point of view !" The votes passed nest. con. In the House of Commons, Lord PALMERSTON was the mover and Mr. DISRAELI the seconder of the votes. Mr. Disraeli did not cen- sure the destruction of the summer palace. But Mr. VINCENT Scumx did, and Lord JOHN RUSSELL replied to him. Mr. WHITE condemned the war, and held up the Americans as models. He also said that the treaty would not benefit the merchants. He had just received a letter from his agent in Shanghai, dated the 20th of De- cember, informing him that, so far from the merchants having been benefited by the late treaty, they were much worse off than formerly, for they had now to pay the full duties which, by the consent of the

old authorities, used.to be diminished by one-half. - The votes were agreed to with unanimity.

IRISH MEASURES.

No system of registering births, marriages, and deaths exists in Ireland. Mr. CARDWELL proposes to cure the defect, and for that purpose he has introduced a bill providing for the extension of the system prevailing in England to Ireland, on the model of the English plan. The Bill has been read a first time.

Mr. CARDWELL has also introduced a bill to regulate markets and fairs, and remedy the evils springing from disorder and hardship to the poor.

The SOLICITOR-GENERAL on Monday brought in seven bills to amend and consolidate the statute law of Ireland. The bills passed the House of Lords last year and were read a second time in the House of Com- mons, and were then withdrawn for want of time.

DISQUALIFIED WITNESSES.

Sir JOHN TRELAWNY gave notice that he would ask Sir George Lewis whether he had been informed of a recent decision in the County Court of Rochdale, when the judge nonsuited a plaintiff "on account of the inability of the witness to affirm her belief in a future state of rewards and punishments," whether the judge ruled properly, and whether the Government would amend the law. After he had given notice he varied the phrase, substituting "certain speculative opinions," for "a future state of rewards and punishments.' Before the question was put on Tuesday, the SPEAKER said he considered the second form of words not "becoming," and had expunged them ; and Sir John Trelawny said he had not intended any disrespect to the House by using the objectionable words. He used them because he thought them more comprehensive." Sir GEORGE LEWIS said that when the plaintiff, who was her own witness, appeared in the box, the attorney for the defendant asked7her whether she believed in a God, and in a future state of rewards and punishments. She answered both questions in the negative, and was nonsuited accordingly. The law is that the question put by the at- torney may be put, and if answered in the negative, then the witness

cannot give evidence. Sir George Lewis does not think the law in tolerant, and does not intend to alter it.

Omen HELD BY MEMBERS.

Mr. WHITE moved for a return stating the name of every Member holding any place or office, naval„ military, civil, or diplomatic, his pay and emoluments, and date of appomtment. Sir GEORGE LEwis said that all the information demanded is already, accessible, and that Mr. White seemed only to wish to save himse I trouble at the ex- ense of the time of the departments and the money of the Treasury. . White retorted that the objection applies to every return. Lord ROBERT CECIL, referring to Mr. Bright's sweeping accusations against tax-eaters, said, if there were a division he should vote against the motion, but he thought it hardly prudent to refuse the return. Mr. CONINGHAM said he was not surprised at the resistance offered to the resolution by "the most exclusive clique that ever ruled the destinies of a country." They refused a plain statement of facts, from which the country might learn "how the taxes, derived from the hard- working classes, are divided among the possessors of places and their followers." On a division the motion was negatived by 112 to 53. j

MISCELLA.NEOUS.

Five bills were introduced into the House of Commons and read a first time on Tuesday.

Mr. COLLIER brought in a bill to prohibit the payment of the ex- pense of conveying electors to the poll in boroughs, and took occasion to make a speech on the general question of Parliamentary Reform. Mr. PEACOCK said if the bill were carried, be should move that the principle be extended to counties. Sir GEORGE LEWIS said that the Government intend to bring in a bill to amend the law relating to corrupt practices at elections, one part of which will deal with the question of paying the expense of conveying voters to the poll ; but he did not oppose the bill. Mr. Enwne JLMES and Mr. Diem SET- noun followed the lead of Mr. Collier, and spoke at length on Par- liamentary Reform, bringing in a variety of topics not before, the House.

Next Sin Joni; TB.ELAWNY brought in a bill, without comment, to establish county boards for the assessment of rates and the admini- stration of expenditure. Sir JoHN PAKINGTON claimed for it fair con- sideration. Sir GEORGE LEWIS intimated that there would be no good in sending the bill before a select committee, a proceeding contem- plated by Sir John Trelawny.

The third bill was brought in by Mr. Donsox. Its object is to pro- vide that votes at University elections: for Members of Parliament shall be recorded by voting papers. The fourth measure was Mr. HusEenn's bill to amend the law re- lating to church rates. It defines the objects for which church rates are levied ; gives district churches power to levy rates ; assimilates the law of church rate to the law of poor rate ; removes the jurisdic- tion in church rates cases to the temporal courts, and exempts the conscientious by a declaration that they are dissenters. The fifth bill was to enable the Board of Works to purchase land for the public offices.

RED SEA TELEGRAPH.—On the motion to read this bill a second time, Mr. WyLn raised the question whether the Company had ful- filled the condition of working. the line thirty-one days. Mr. Comm'. HAM expressed his thanks to Mr. Wyld ; attacked Mr. Gisborne, and affirmed that the proceedings of Mr. Gladstone were not calculated to promote the public interest, nor to lay bare the secret intrigues "if there were such," and the maladministration of subordinate officials of the Government. Mr. AYRTON suggested an inquiry into the cir- cumstances under which the Company had failed to lay down the telegraph, but deprecated opposition to the bill at that stage. Mr. CRAWFORD defended Mr. Gmborne, and asked for specific instead of general charges against the Government officials. Sir STAFFORD NonTncoTE said that the condition for working the line thirty days was a contract between the Company and the contractors, not between the Company and the -Government. Mr. DISRAELI defended the share of his government in the transaction. Mr. GLA.DSTONE stoutly con- tended for keeping faith, but he did not absolutely reject the sugges- tion of an inquiry. The bill was read a second time.

ADMINISTRATION OF THE LAW IN IRELAND.—The Earl Of LEITBIM presented a petition from Leitrim, praying for the protection of the law. It served as a pretext for an assault upon the present and for- mer administration of Lord Carlisle, accusing him of interfering in elec- tions, of shielding rioters, and indirectly promoting Ribbonism, by giving impunity to crime. Lord Leitrim, also assailed Lord Granard, Lord Lieutenant of Leitrim, alleging that he had appointed unsuitable men to the bench, and had attended Quarter Sessions to enforce his own views on the magistrates. The Earl of GRANARD met the attack by showing that since 1845, the criminal returns have fallen from 907 to 92, and by saying that his conduct had been approved by Lord Elginton, and Lord Carlisle, and by the late and present Lord Chancellor. Earl GRANVILLE defended Lord Carlisle.

During the debate Lord Leitrim was deserted by his own party, and left quite alone.

SAVINGS RirrKs.—On the motion of Lord MONTEAGLE,R bill to put an end to spurious Savings Banks was read a second time. Many banks have been established of late years, calling themselves banks of savings, subject to none of the safeguards required by Parliament for the security of deposits. The bill makes this penal. Earl Grusin= said that the Government bill on Savings Banks contains a clause to meet the evil.

FORGED TRADE MARKS.—The LORD CHANCELLOR has introduced a bill to protect trade marks. In foreign countries the forging of a trade mark is criminal, but in England the only remedy is by the dilatory process of an injunction in the Chancery Court, and an action for damages. The bill proposes to make the forging of trade marks a misdemeanour punishable by fine and imprisonment. It will also make a misdemeanour the practice of using false marks to denote quality or quantity.