_ fs a ll a 6a eee he most certaily would be ashamed te record his name with thoee who sought to smother the enquiry. Mr. Gores then moved that the bon. member bave leave to withdraw his motion ; and the question being put thereon, the House divided: Ayes—Meaars. Coles, Warburton, Whelan, Mooney, Lord, Fiyon Laird, Jardine, Davies, M‘Neill, Ciark, atoa—I ON ays— Messrs. Pope, Fraser, Mentgomery, Haviland, M‘Donald, Thornton, Palmer. Mr. Ls Lacuece then expressed his willingness to produce his qualification, since in doing so he would pot consider himself yielding to the aroitrary demand of the hon. member for Charlottetown, If the hon. mem- ber waa etill desirous for its production, he might procure it by sending for itto Mr. Edward Jordan's, which was oaly sovea miles from town, Sarunpar, Oth March HOUSE IN COMMITTEE ON THE INSOLVENT DEBTORS’ BILL. The frat, ead only alteration made by this Bill, in the expiring Act,.was in the Seventh Clause, limiting the period during which the incarceration or detain- ing Creditor shall have it in his power to detain his Debtor in jail upon weekly aliment or allowance. By the Act yet in operation the period extends to twelve montbe ; bat, by this Bil! it is limited to three months. THE BXAMIRER. half-pay Officer, or the man dependent upon en annual income ; but the benefits of the Bankrupt Laws were confined to actual Traders. te Mr. Warsurron was in favour of suct a distribution of an Insolvent’s Estate, as would place ai his creditors upon an equal! footing. Mr. Porr area that he remembered the time when in this Colony, a man who owed upwards of £100, might have been imprisoned for life. Under the opera- tion of the Law, as it then stood, individuals had been kept in jail for debt for fourteen or fifteen years. The want of Bankrupt Laws in this Colony he regarded as a very injurious defect in its legislative code. The ab- sence of such Lawe kept fair speculation and laudable enterprise within the very narrowest limits ; for, how could it be expected that any man of prudence or fore- sight would embark his capital in any scheme, however promising and inviting, which might possibly, In spite of every effort of care, diligence, and wisdom, prove a complete failure, and consign him and his family, for the remainder of his days, to an ineffectual struggle, not only fora livelihood, but even for personal liberty. But the evil was not confined, in such a case, to the indivi- dual Insolvent and his family, but injuriously affected the progress of the Colony in the road to wealth and consideration, by driving altogether from the field of commercial enterprise a man who, whilst securing a competent provision for the support of himself and his family might, in no immaterial degree, have contributed Ne. Speaces stated that, in Great Britain when an imprisoned Insolvent Debtor had satisfactorily shown thathe had made a full surrender of ak his property, for the benefit of his Creditor or Creditors ; the Creditor or Creditors had no longer any power over his person, ond he received his discharge from jail forthwith; but any property which he might subsequently acquire was, by the Law, to be subject to the claims established a ainst him befure his release from Jail. But were fraud proved against him, he was liable to be punished | by further imprisonment according to the discretion of the Commissioner in the ease. By the Insolvent Deb- to the general. prosperity of the community, by the free and fair exercise of a sound judgment, just calculations, and an enterprising spirit, might improve the resources of the country, and beneficially extend its cemmercial transactions, ‘ Mr. Lorn said his own views of the eubject perfectly coincided with those of his hoa. colleague, (Mr. Pope). He thought the operation of the existing Insolvent Debtor’s Act was injurious both, to the Creditor and the Debtor. Inthe first place, even although the Debtor had surrendered al] his effects, or had none to surrender, the incarcerating Creditor could keep him in jail, upon tors’ Act still in operation here, the incarcerating Cre- a weekly allowance, for twelve months; and if he did dior had it in his power to detain bia Debtor in jul ifor|ao, besides the suffering which he thereby inflicted upon twelve months, even after tie had surrendered «ll his'his Debtor and his famity—that Debtor perhaps an property in part liquidation of his debt, and had every honest, although an unfortunate man-—the extreme thiog taken from him except his wearing apparel. Such course was attended by serious expense to himself. a law was wnjust in principle and cruel in its operation. | And, in the second plece, was the injury done to the The Insolvent Debsors’ Act of Nova Scotia was by no country at large, as pointed out by hix honorable col- means eo severe, There, should a farmer anfortunate-Jesgue. He (Mr. Lord) was disposed to extend the 1, become embarrassed with debt, and, afier being im- ‘sane consideration and privilege to the Insolvent Debtor, priasned on account of it, take the benefit of the Insol-!as those granted to a man imprisoned ander the opera- vent Debtors’ Act, he had neither hislast cow taken ‘tion of the Small Debts Law; and that, after having from: him, nor the hay necessary to feed ber through the surrendered all his property and suffered imprisonment winter; and, besides his wearmg apparel, he had left.| for what was, perhaps, not his crime, but his misfortune, a, Stern, Creditors—was ordered to be forthwith discharged, although any property which he might subseqnent)» acquire was to be held liable for the Debts, or balance of debts, for which he had been imprisoned. Sueh ¢ Law was certainly much better than that in operation here; still, in his opinion, it was, in one particular, if. politic and severe: he meant on account of the liabibits of eubsequently acquired property. He thongh: he would be merely acting in accordance wits the principles of sound policy and justice, to grant the discharged Insolvent such a release from all the Debts included in his schedule thereof as was granted te « certificated Bankrupt. The hon. member also spoke strongly in favor of the introduction of Bankrupt Laws; and, in alluding tothe commercial prosperity of the United States, attributed much of that prosperity to the encouragement given to honorable speculation and enterprise, by their Bankrupt Laws; and he thoaght the expediency of introducing Bankrupt Laws into this Colony shou!d be taken up, by the Legislature, st the first convenient season. Cormissioxgers’ Fres.—Messre. Lord, Frases, Le Lacheur, and Mooney, expressed themselves as the advocates of all reasonable retrenchment—in fever of a reduction of the Commissioners’ Fees. The majority of the House, however, decided that any re duction in the Fees hitherto allowed under the Insolvem Debtors Act, would be for the present inexpedient. The old Scale of Fees was therefore retained. BORISSPOUOSNGS. SAYINGS AND DOINGS. CHAPTER 11. There dwelt in the Island of the Gulf a man whose name was John, and he was a setter of Type ands Publisher ; a man of great self-esteem, and a native ef Silly. And John the Publisher, surnamed Nineum, vas enm- veloped in mental darkness; his opacity no man could fathom; yea, the depth of eternal night rested upen him, and his mind was im hia stomach, for John was « gourmand, Yet, I say unto you, Nincum was puffed up with vanity, yea, the Bubble strutted as a Turkey, and he carried a yellow cane in his big hande which turned obliquely outwards aa the fiippera of a Seal, and the waged to and fro in his gait, and the tracks of his great feet were terrible in the mud. Yea, I eay unto you, John found great fayour in hie = —— : fay the ase of himself and family, a certain quantity of; tes ehold furniture. Compression was not the only | inotwe which had eperated with the Legislature of that, l rovinee in their enactmentofsuch a Laws a consider- | ation of the evil conseqnences which would result to society, from the operation ofa Law of a contrary na-| tare, by the breaking up of furnilies and throwing them | upon the public wilbout suy resources or means of sup-| jart, had, no doult, been allowed its proper weight wit. the framers of the Act He was prepared to give to Ceeduors and Commissioners the most ample means, ond fullest power to make search and iavestigation caneerniug any property which they afight have reason to thiak was fradulently concealed. He would even stitke at the validity of all conveyances of property whieh had been mae, by an Insolvent ‘Debtor, within a certain period preceding the declaration of his Inso!- reney. Wath respect to the arrangement which might, \y the expiring Law, be made between the incarcer:- cag Cred tor and his Debtor, by which the latter might yive up all he posseased to the former, to the evident prejudice of any ether Creditor or Creditors he might have; (le Air. Speaker) thought the power to give such preference was wrong, and thit all the Creditors should be placed upon an cgual footing, with respect to the property of the Insolvent, and each receive a divident i preportion to his claim. The only preference which he eon! be inclined to allow, would be with respect to the legal expenses incurred by the incarcerating Crediton These he (Mr. Speaker) thought he ought to be reimbursed, and that then a dividend of as much ijn the pound, us it sould be found the Insolvent’s estate cwald piy, should be declared for the equal benefit of ali the Creditors who had proved ar substantiated their ciaima against it What he(Mr. Speaker) advanced was Mot mere speculation, it had long been acted up- on ip several countries. In Scotland, an Insolvent Hebtor had itin his power ta procure his discharge af- tee 82 impriscniment of six weeks. The course which, to that enc, the Insolvent had to pursue, was merely to crase it to be noiited to all his Creditors that he was ready to surremder all the property he possessed for the egnal benefit of ikem atl; who, ifthey could not show tathbebad made any fradutent conveyance or conceal- ment of property, were obliged to accept of whatever comporiuon the insolvert’s estate could afford—and Jet bingo. Tile Lew as he (Mr. Speaker) had explained r, bad been ia operation in Scotland for 200 years. Nr. Spenker also expeatued that he was not seeking to reteod the advantages experienced by the Traders un- he shou!d be released from all responsibility on account| own eyes: he was a toy among the daughters of the of the Debt for which he had been imprisoned. He) land, the delight of children whom he cherished with hoped the time waa not far distant when imprisonment gweeties, and John was a Hog Reeve. for Debt would be altogether abolished. In entertain-! But John the Publisher had no brain to guide ins ing and expressing such sentiments, he was, perhaps,' Journal, for it was lean as the arm of Death, and barrer running counter to his own interests, for he had a large|as aterile rock; and John was a Pauper in the land on amount of debts.at stake in the country; but he wished |the minds of men. to consult the interests of usfurtunate Debtors and their! And itcame to pass when the twenty and four persons families, es weil as those of their creditors. The gene-) were chosen by the people from among them, and Dan- ral ngreement which he had expressed with the views/oan the rejected had hid himself in New London, and of bis honorable colleague (Mr. Pope), he (Mr. Lord),/the Sons of Liberty were exalted, then the mighty-of however, ought perbaps to qualify. It was indeed most the lend were smmitien with great fear, because of the true that the want of Bankrupt Laws in the Celony,' chosen of the people. such as were in operation in other countries, was a seri-| And they gathered themselves together in secret, and ous check to laudable enterprise. The held of enter- said, Jo! we have no voice in the Assembly of the peo- prise, however, to a certain exient, was here open to ple—the plume of eur power 18 shorn; yea, the strong every one who chose to enter upon it; but he regretted! inen encompass us, and tbe enemy tread upon our hearth to say, that he thought there was a great deficiency | stones, and we have ne voice against them. Yea, ever amongst our young men of that active spirit of enter-/ our Press.is naugnt, for James and Jobn are feeble. prise, which was so observable in the neighbouring Re-| Then it came to pass, that the mighty fallen drew patlic, and which tended so materially to individual and! from their bags of gold, and said each unto other, thr public property. will P give of ny substance te buy Duncanand put bom Hon. Mr. Tuorwron had always regarded the exer-|in the Office of Jolin the Publisher for ninety and three cise of the power given by the Law, toan incarceratung|days; ard when the gold was counted it numbered Creditor, to detain his Debtor in jail after a surrender of: twenty and ten pounds. all bis known effects, was something like the thumb- Now, a messenger was sent unto Duncan in New screw formerly in use under srbitrary government in| London, and he said unto the rejected, come forth from Great Britain. ‘The aim of the Creditor in prolonging thy hiding place and journey with me unte the great Carty the imprisonment of his Debtor, was uf possible to of the Isle and be a Scribe unto the fallen, a protector-ef acrew out something more, either from bum, his suffering |the remnant of the people. But Duncan looked cada- family, friends, or relations, He was decidedly of opi-|yerously at the messenger, and said unto him, wherefore nion, that the imprisonment of an Insolvent Debror should cease with the day on which he passed his exa- mination before the Comtrissioners; unless matter of fraudulent conceaiment, or unlawful retention, was es- tablished against him or reasonably suspected. Con- sidering the state of the Island trade and enterprise, he thought it was high time for the Legislature to take into their serious consideration the propriety of introducing Bankrupt Laws into the Colony. ‘The operation of such iaws would, he was persuaded, benefit both Debtors and Creditors, and tend greatly to promote our general prosperity. Mr. Cores contrasted the operation of our existing Insolvent Debtors Law with that of those of Great Britain. The hon. member dwelt, in strong condemna- tory language, upon the severity, injustice and tmpolicy of our Law, by which an honest, but unfortunate man might be kept in jail, on account of debt which he had der the Bankrupt Laws, to men who were not Traders. no power to discharge, on no better than a felon’s allowance, if as good, fur twelve months; whereas, in m . . . . ° . . : . Te adventsges and eperetion of the Lusolvent Laws of Great Brita'n and other countries, the Insolvent —on Goest Entain extented to mea who were not engaged , & a eK coch wt the cre Po rrer, the Surgeon, the i alll iit cage i - _s ® ° . } , s showing to tue satisfaction of the Insolvent Debtore ‘Court, tha: be had given uo his oli for the benefit of his shonld [ go with thee? Then the messenger answered, and eaid, Duncan thou knowest already the great of the land ask thee for a bu)- i wark ip this the day of their é:scomfiture. But Duncan again answered and said unto.the messenger, wherefore ‘should I ge wiih thee? Then the messenger said unto him, O! thou ef ive patriotism, why stand you idle when the fabric crumb!es and the Examiner isin the land. But Dunean sare, wherefore should | go with thee ? Now, the messenger answered and said unto him : Know, O Dunean, the great of the Guy of the Gulf have numbered twenty and ten pounds for thee, to sit im the OMfiee of John the Publisher ninety and three days ané smite our enemies. Then Duncan’s eye brightenes. and his rough visage knew a smile, and he made hun- self ready and cume rejoicing into the City of the Ise. And Duncan wae installed in the Office of John the Publisher, as the Battering Ram of the remnant of the people. And on that day Duncan's face was ws oehed clean, and tie beard was shorn, and white linen wos at his bosom and a collar en his Dickey, and he was ar rayed in an aged biae germem decked with butions