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Article BRITISH PARLIAMENT. Page 1 of 2 →
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British Parliament.
BRITISH PARLIAMENT .
THE SIXTH SESSION OF THE SEVENTEENTH PARLIAMENT
HOUSE OF LORDS .
MONDAY , April 25 , 1796 . RECEIVED several private Bills from the Commons , which were read , and laid upon the Table . Tuesday 26 . The Assent was given by Commission to fifty-five private and public Bills . The Commissioners were the Archbishop of Canterbury , the Lord Chancellor , and Lord Chief Justice . Marquis of LANSDOWNE said , that as the majority of the Papers he had moved forwere now on the Table , and the rest , ashe understood , in forwardness , he would move that their Lordships be summoned for Mondy next . —Ordered .
DEBTOR AND CREDITOR BILL . The Order of the Day being read for the second reading of this Bill , Earl MOIRA introduced the business with a few general remarks , and stating the difference between the present and a former Bill which he had submitted to the House upon the same subject . The Lord CHANCELLOR left the Woolsack , in order to oppose the Bill in its present Stage , and prevent its going farther . He disliked the Bill in general , on the principle of Innovation , and the danger of Political Experiment . In
particular he objected to a clause intended to impower Justices of the Peace , in certain cases , to arbitrate between the Debtor and Creditor ; a power very different from any entrusted with the Legal Judges . Lord MOIRA replied to the Noble Lord , that if the Bill were suffered to go into a Committee , he doubted not but the wisdom of the House would remedy any objectionable clauses ; and as to the principle of the Bill , so far from being founded on doubtful speculation , he was willing to rest its fate on their experience of the insufficiency of the present code of Laws ; which had obliged the House
repeatedly to pass Acts of Insolvency , and other Bills of temporary relief . —Ha then stated several instances , in support of the necessity of his proposed Bill ; and particularly observed , that as it was intended only to be temporary in its duration ,, no danger could result from the experiment , except it were in some cases to lessen the extent of Credit , which he rather considered as an advantage , than otherwise , to the community . The plea of Innovation his Lordship endeavoured to render ridiculous , by mentioning that , some years since , it was the custom in Madrid for the inhabitants to deposit all their filth and ordure in the streets
, and that when a proposal was first made to remedy this by the erection of Privies and Drains , the same cry of Innovation was raised against it ; and some persons went so far as to assert , that the exhalation of this filth was necessary to correct the sharpness of their air . Lord TJIURLOW said , if the Bill had gone to the Cess ' w Bonorum [ the surrender of the Prisoner ' s property ] and the reform of Prisons , it would have met with his concurrence and support ; for he thought it extremely unjust , that a fraudulent Debtor should possess a suit of rooms , and enjoy the comforts of a
domestic man . But to the present Bill his Lordship objected in into , because he thought it a dangerous innovation , that would tend to the benefit of ninsteen fraudulent Debtors , for the relief of one who might deserve commiseration . Lord KENYON , beside disapproving the general principle of the Bill , thougbt its provisions impracticable , because he saw no method by which a Magistrate could judge of the honesty of a Debtor , but by his looks ; and unjust , because , in some case ' s , it would relieve a Prisoner from fines imposed by Courts as the punishment of crime . Lord MOIRA replied , and the House divided—Contents 2—Non Contents Q .
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
British Parliament.
BRITISH PARLIAMENT .
THE SIXTH SESSION OF THE SEVENTEENTH PARLIAMENT
HOUSE OF LORDS .
MONDAY , April 25 , 1796 . RECEIVED several private Bills from the Commons , which were read , and laid upon the Table . Tuesday 26 . The Assent was given by Commission to fifty-five private and public Bills . The Commissioners were the Archbishop of Canterbury , the Lord Chancellor , and Lord Chief Justice . Marquis of LANSDOWNE said , that as the majority of the Papers he had moved forwere now on the Table , and the rest , ashe understood , in forwardness , he would move that their Lordships be summoned for Mondy next . —Ordered .
DEBTOR AND CREDITOR BILL . The Order of the Day being read for the second reading of this Bill , Earl MOIRA introduced the business with a few general remarks , and stating the difference between the present and a former Bill which he had submitted to the House upon the same subject . The Lord CHANCELLOR left the Woolsack , in order to oppose the Bill in its present Stage , and prevent its going farther . He disliked the Bill in general , on the principle of Innovation , and the danger of Political Experiment . In
particular he objected to a clause intended to impower Justices of the Peace , in certain cases , to arbitrate between the Debtor and Creditor ; a power very different from any entrusted with the Legal Judges . Lord MOIRA replied to the Noble Lord , that if the Bill were suffered to go into a Committee , he doubted not but the wisdom of the House would remedy any objectionable clauses ; and as to the principle of the Bill , so far from being founded on doubtful speculation , he was willing to rest its fate on their experience of the insufficiency of the present code of Laws ; which had obliged the House
repeatedly to pass Acts of Insolvency , and other Bills of temporary relief . —Ha then stated several instances , in support of the necessity of his proposed Bill ; and particularly observed , that as it was intended only to be temporary in its duration ,, no danger could result from the experiment , except it were in some cases to lessen the extent of Credit , which he rather considered as an advantage , than otherwise , to the community . The plea of Innovation his Lordship endeavoured to render ridiculous , by mentioning that , some years since , it was the custom in Madrid for the inhabitants to deposit all their filth and ordure in the streets
, and that when a proposal was first made to remedy this by the erection of Privies and Drains , the same cry of Innovation was raised against it ; and some persons went so far as to assert , that the exhalation of this filth was necessary to correct the sharpness of their air . Lord TJIURLOW said , if the Bill had gone to the Cess ' w Bonorum [ the surrender of the Prisoner ' s property ] and the reform of Prisons , it would have met with his concurrence and support ; for he thought it extremely unjust , that a fraudulent Debtor should possess a suit of rooms , and enjoy the comforts of a
domestic man . But to the present Bill his Lordship objected in into , because he thought it a dangerous innovation , that would tend to the benefit of ninsteen fraudulent Debtors , for the relief of one who might deserve commiseration . Lord KENYON , beside disapproving the general principle of the Bill , thougbt its provisions impracticable , because he saw no method by which a Magistrate could judge of the honesty of a Debtor , but by his looks ; and unjust , because , in some case ' s , it would relieve a Prisoner from fines imposed by Courts as the punishment of crime . Lord MOIRA replied , and the House divided—Contents 2—Non Contents Q .