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creditors to be made the most of for them and divided amongst them pro rdta , and that the commissioner , or court , or assignee , or whatever name the officer may bear whp presides over the distribution , should give or withhold from the insolvent a certificate , or testimony , according to his individual merit or demerit , ' not according to some prefixed , invariable , and therefore essentiall y unjust classi-Cation . This is substantially what is now aimed at by our code , and an insolvent or a bankrupt walks out of court , branded as wholly untrustworthy or as merely unfortunate , and likely to be made prudent br losses and suffering .
Therein , however , a great difference in opinion as to how this principle , on which all seem to be in accord , should be carried -out ; 'and who should be the agent or legal official to administer the law . Of course the profession jump at once to the conclusion that judges , commissioners , solicitors , &C . &G ., must be employed , and all the usual paraphernalia of a court of law must be called into existence to distribute a little property , and say whether an insolvent be trustworthy or not . It is found , however , in practice that this plan , hitherto pursued ' defeats the object in view . There is no
known method of forcing creditors to carry their ¦ claims before a court , and the average cost of carrying an estate through the Bankruptcy Court being now upwardsof 37 per cent ., they prefer to settle the matter amongst themselves , and appoint one or two ¦ ot their own number to wind up the bankrupt estate / Many insolvencies do not , in consequence , come under public notice . Many insolvents appear before the world to be wealthy , frauds are perpetrated , confidence is diminished , the profit of business is lessened , and the morality of trade is
decried . A vehement appeal is now made to the public by the profession and the press to amend these proceedings ; secrecy is denounced , and increased publicity demanded , for every case of insolvency . In spite of the practical difficulty of ¦ forcing creditors into bankruptcy , which Mr . Commissioner l ? ane proposes to : remedy by allowing a , single creditor , this power , whatever the rest may resolve , the mode of proceeding hitherto in use and recommended by the profession seems most in favour , and is the mode which the Chancellor , the judgeSj and probably the Legislature , will adopt .
The mercantile classes , however , or the creditors , ¦ desire to keep the property of insolvents in their own hands and under their own control . They complain justly of the enormous expense and delay of proceedings in bankruptcy , and have learned from experience that they can ; in a great majority of cases , procure a fair distribution of an insolvent ' s estate in a shorter time and in a more profitable manner than by appealing to a court . They therefore want such a method to be legally established , And want a code to be administered , bv themselves , vClUU > V « JJLU « WUv VV / UV » t * Vll& * &&AA * 3 VVsA . \' VA . K / J bUblUOVil > Vdj
or mercantile men , instead of by the profession ^ In consequence , however , of the complicated con-• dition of our property and commercial laws , they find themselves in a difficulty , and as they cannot now wind up an estate without the help of solicitors , ao new mode of administering a bankruptcy law could enable them to dispense with the services of the profession . To attain their ends , there must be not merely an improved method of administering the insolvency laws , there must be a great simplification , not now to be obtained , of our property and commercial laws .
What stands most in the way of the mercantile classes is the opinion that an investigation before a court of law is necessary to secure publicity , and without this , much injustice will surely be done , ^ nd muoh fraud varnished over or concealed . They must therefore find some method by which publidity may be more surely given to any case of insolvency and improper conduct than is oven now provided by courts of law . At present , oases . are sometimes kept out of the public journals , and detected swindlers are allowed to continue their nefarious career . No doubt mercantile men already adont a means of collecting an' insolvent ' s property
amd distributing it , but they want to do this under the authority oi the law , and they must have the public present as a witness tp their conduct . AU the real work they oan do effectually themselves , but they require a responsible and independent individual to see that they do no injustwe ; and the publio requires-r-eSspeoiaUy the mercantile publio , beyond the oiroleof eaoh body of creditors- — that the ohavaoter of every insolvent should be known . Now , however , that the principle is acknowledged , and what ia wanted is dearly seen , it would be . discreditable to all the leading classes , if
an insolvency code , superior to any yet devised , should not be carried out with success . Unfortunately , the mercantile classes , from timidity and habit , will leave the legislation in the hands of the profession , and they will / ' most likely be ; again deceived . ' The principal object being the collection and distribution of an insolvent ' s property , and , subordinate to this , the establishment of the insolvent ' s trustworthiness or otherwise , we do not
think it possible , as lias been suggested , to se p arate the one from the other . The proof of every debt generally carries with it a justification or condemnation of the conduct of the debtor . One inquiry necessarily elucidates both . So far as his ' trustworthiness and his resumption of business is concerned , the verdict should , be pronounced , or the certificate given , as now , by the parties who administer nis effects . Between meriting confidence , or otherwise , and the commission of offences punishable by law , there is a great difference , recognised throughout our lives , and while the who administer insolvent estate de
parties an can - cide whether he be mercantilely trustworthy or otherwise , only a court of law , in which a man is surrounded by all the safeguards of a jury and a careful judge , should pronounce him innocent or guilty of an offence that would subject him to punishment ; To take credit or incur debt is not a crime , and we cannot consider the examination Which it' may make necessary into character as analogous to a criminal proceeding . We do not agree with those who would remove the investigation of an insolvent ' s conduct , so far as it refers to the con ^ fidence lie may deserve from the parties to ¦ whom s entrusted the administration of his property .
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SCOTT » . DIXON . The rule for a new trial in the case of Scott and another v' . Dixon , was argued before the Lord Chief Justice and a full bench of judges on Thursday , and the result was that the foiir judges were of opinion that the Liverpool verdict was . ¦ " right and ought not to be disturbed . " We hope we do not fail in any proper respect for the judicialoffice , when we say we cannot concur in the wisdom or fitness of this decision 4 Judges are but men—they are fallible as men ; they are not perfect even as judges ; they may come to a wrong conclusion , and even be cruided to that conclusion by an unsound principle
of law . For these reasons we hope we may be pardoned for differing with the Bench in their final judgment . The question was not so much a legal question as a commercial question . Legal , minds , we have long been persuaded , are not the best constituted for the consideration and decision of commercial matters . Common sense and real business experience are often the very best , guides where difficulties have arisen out of commercial transactions .
In the case of Mr . Scott we reaffirm that he was not , and could not have been , led into the purchase of his shares in the Liverpool Bank by anything said , done , or printed by Mr . Dixon . If he were indeed misled , ' , it was by the acts of other parties , certainly not by an individual , Whose whole connexion with the bank was distinguished by a desire to retrieve its falling fortunes at the expense of his time and his money ! Mr . Dixon may be sure that the words of Lord Chief Justice Campbell will find a response in every " well-regulated mind" that ho is an honourable man , and that no stigma can attaoh to him for his part in the affairs of the bank .
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THOUGHTS , FACTS , AND SUGGESTIONS ON PARLIAMENTARY REFORM . No . XII . Wuax is the defect complained of in our existing system of representation P Its unreality , as regards numerous localities and groat olassos of the community . And what is the one substantial and all-sufficient plea for Reform P That thereby wo hope to get rid of those sham memberships and partial privileges which are inconsistent with anything worthy the name of a full , equal , and real representation of the people . Reform , if it bo genuine , will bo , to whatever extent it is oarriod , a return to reality , and an abrogation of obsolete and misohiovous notions . No simpler or bettor test oan bo applied to the provisions of the various bills about to do brought before the Legislature . Do they go to uproot or to lop off the boughs of that
wideone thing lie is not—and that is the thing he affects to be—a duly elected member of Parliament . And so , in like manner , as regards classes . Good ¦ and : wise men may differ as to the most complete way of giving each great class its 'fitting ' share in the national judgment ; but no honest man can look you in the face and say that the " . hard-workers'" the community , as they have well been called , either adequately or inadequately , participate ' iio \ v hi . the business of choosing delegates to the law-making and tax-levying assembly about to assemble at Westminster . .
spreading , tree of usurpation , whose history , ¦ ch aracter , ' and condemnation are all summed up in one plain word , namely , that it is not . the truth but a lie . It is not true that the . nominee of " 'his . Grace , " or the eldest son of "my Lord , " who owns two-thirds of this or the other Parliamentaryvillage , is the lawfully chosen representative of any portion of the Commons , in what is called their House at Westminster . . ' A . very fine gentleman he may be , very accomplished , refined , and exquisite in look , voice , and bearing ; and , in the opinion of his family , his regiment , or his club , a deuced good follow . 13 ut
That something is certain to be done towards putting an end to our system of unrealities , and bringing the Constitution back to truth and fact , there seems little to doubt . When a system , however , has been suffered long to dwell in the shadow of falsehood , every part of it , even that ¦ ¦ which seems the soundest and healthiest , loses the colour of truth , and needs exposure to the light and air iu order that it may be restored to its natural purity and vigour . Two notable abuses much needing reformation may be stated under the general term of non-residence . A country is called on to select a its behalf in the
proper person to appear on great council of the nation . Why ? Because in ' national measures it is needful to know as nearly as possible what the sentiments of each locality arc on the questions of the day . The electors of the county meet and vote as they please as between rival candidates , and whatever their choice , if it be free , it is a true one . But What if- instead of being suffered to settle the -point among themselves , scores of strangers are'brought by , rail from remote parts of the kingdom to turn a " wavering-balance , or to deter , by their numbers and the cost of bringing
them thither , fair opposition to some wealthy or prodigal candidate ? Yet this , as we all know , is what is done every day . The cost of bringing non-resident voters from various parts of the kingdom is made the pretence for keeping up the machinery of corruption in counties under the name of legitimate travelling expenses . ' If we had only the question to deal with of conveyance of voters from one part of the county to another , this fertile source of excessive expenditure might bo dried up hiorc easily . But every provision that cmi be suggested in the way of multiplied polling . places is met by the
answer , What do you mean to do with the case ot a- man who comes one hundred and fifty miles to vote ? Were there no other reason for putting an end to the system of out-voters , as they arc termed , the need of healing this running sore in the constitution would be a sufficient' one . Out-voters arc bad enough , but there is something moro intolerable still , and that is out-members . When a man undertakes , to perform the function of a member of Parliament , one would suppose that about the simplest and / clearest of his duties would bo to attend the House of which ho forms u part .
If casual illness or the pressure of privato afl'nirs withdraws him now and then from attendance , one would supposo that he would , at all events , watch from no great distanco all that was goin <* on in his absoilcc , and hasten to rejoin his comrades at the earliest possjblo moment . Occasional absences arc , perhaps , unavoidable ; but , whou they aro not protracted to any great length , a man of ordinary intellect keeps up the thread of continuity during the intorval , or pioks it up when ho has dropped it after his fortnight or throo wooks out ol town . But what arc wo to think of the worthies who ,
retaining tho rank and distinction of M . F ., not only go out of town , but out of tho kingdom , and not only for a few weeks , but for many months , togotlior , and , generally speaking , without ovon having tho exjouso to plead , of ill health or domestic solicitude P Wo do not wish unnocossavily to montion nanios , It is , however , notorious that 'among thq aristooratio members of tho House of Commons there are always to bo found many individuals who have no [ scruple whatovor in quitting England on foroign service , or for foreign travol , nnd leaving tho business of tho country during tho six or twelve
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• ' ; ¦ ' - . . ' ' - i £ & ¦ . ;• ¦ ¦ ¦ ¦ ¦' ' THE LEpi B ; [ 3 ^ ° 4 * 62 January 29 , 1859 . ¦ ' . / '
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Citation
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Leader (1850-1860), Jan. 29, 1859, page 146, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2279/page/18/
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