The Sun.
London, England, 1855-08-09 00:00:00

I dPERIAL PARLIAMENT.

HOUSE OF COMMONS—(YESTERDAT .)
The SPEAKER took the chair at 12 o'clock.
PRIVATE BUSINESS.
The following bills were read a third time and passed
Handcock's Estate, Jones' Divorce, Lord Clarmont's
Estate, and Marshall's Charity.
The Lords' amendments to the Westminster Lands
Bill were considered and agreed to.
SERJEANT BRODIE AND THE CANTERBURY
MILITARY OFFICERS.

In reply to the following questions from Mr. STANLEY,
whether Serjeant Saddlr Brodie, of the Ist ragoons,
at Canterbury, had received any order to join the regi-
ment on foreign service, after 19 years of civilian duty
as saddler ; if he had been specially examined by the
surgeon, and reported as unfit fcr duty ; if he is recom-
mended for pension ; and if any inquiry had been made
in the Crimea by General Sir W. Scarlett into the con-
duct of Captain Fitzwygram towards Cornet Baumgarten,
and, if so, if any report had been made to the Horse
Guards
Mr. PEEL said that Serjeant Brodie had been found
unfit by the colonel of the regiment to which he belonged
for active service at home, and the reason he had not
been put on the pension list was because he had not
served a sufficient time. With respect to Captain Fitz.
wygram, from an inquiry issued by Colonel Scarlettt
that, officer had been exonerated from the charges than
had been made against him with reference to the affair.
at Canterbury, and he had nothing to do with the prac
tical jokes perpetrated on Cornet Baumgarten.
(BURIAL BILL.
On the motion for the third reading of this bill several
amendments were moved and negatived without a

ion.
Viscount EBRINGTON then moved the insertion of
the following clause :—Whereas the diversity of arrange-
ments required by different bishops as the condition of
their consecrating burial grpunds have occasioned much
perplexity to the people and reproach to the Church of
England, and also much inconvenience to the inhabi-
tants of certain towns engaged in providing public burial
grounds, under the acts 16 and 17 Vict., chap. 134, and
17 and 18 Vict., chap. 87 : Be it enacted,—That nothing
in those acts contained shall render it necessary for the
burial board of any town or parish to do more than
prove, to the satisfaction of the Secretary of State,
that they have provided a fit and proper burial ground,
with such lines of demarcation between the parts
intended for the interment of members of the
Church of England and persons not belonging to
that Church respectively as have been generally deemed
requisite, and that having done so they have invited the
bishop of the diocese to consecrate the said first-men-
tioned part of such burial ground ; and in the event of
such bishop, as the condition of his consecrating the same,
requiring the construction of walls or other unreasonable
and unseemly partitions between the several parts of the
said burial ground, contrary to the determination of the
said burial board, it shall be lawful, notwithstanding,
for one of her Majesty's principal Secretaries of State,
in his discretion, to declare the provisions of the said act
to have been sufficiently complied with in respect of pro-
viding a consecrated part of such burial ground ; and no
proceedings shall be instituted against any minister of '
the Church of England on account of his having offi-
ciated at any interment in such ground after it has been
so approved by the Secretary of State, and before its
consecration by the bishop of the diocese.
Mr. FERGUSSON seconded the adoption of the
clause proposed by the noble lord, considering it calcu-
lated to put an end to the evils complained of.
Sir G. GREY did not see the good that was to be
effected by the clause proposed by the noble lord, nor
did he think it was called for by the public. He must
therefore vote against it.
Mr. HENLEY, considering that the operation of
the clause would make confusion worse confounded, and
would impose on the Secretary of State a task of great
difficulty, felt hound to oppose it.
Sir H. WILLOUGHBY thought that the question of
boundary should be left to the Burial Board, and that a
short clause to that effect would do all that the noble
ord required.
Mr. \V. J. FOX, thinking the clause most beneficial,
would give it his support.
Mr. PELLATT supported the clause, thinking its
provisions necessary.
Mr.WIGRAM thought that as long as burial grounds
were consecrated, the parties officiating ought to be pro-
perly qualified.
Mr. J. G. PHILLIMORE supported the c'ause,
thinking that Dissenters ought to have the privilege of
the services of their own clergymen at their own burials.
The ATTORNEY-GENERAL objected to the clause,
thinking it would not effect the object the noble lord had
in view.
Mr. HADFIELD trusted that the noble lord would
persevere in the clause, and divide the house upon it.
Mr. BARROW objected to the clause.
Mr. BELL supported the clause.
After some observations from Mr. Cowper, Mr.
Spooner, Viscount Ebrington, Sir George Grey, and
Mr. Malins,
The house divided, when the numbers were,
For the second reading of the clause ?G
Against it 2
Majority

The clause was accordingly thrown out.
Mr. BELL, in the absence of Mr. Mall, moved the
insertion of the following clauses :—" 1. Where any
unconsecrated burial grounds have been closed under
the herein recited acts, it shall be lawful to provide a
new burial ground under such and the present acts to be
either in part or wholly unconsecrated, notwithstanding
that the parochial burial ground may not have been closed.
2. Where for any reason it may be deemed undesirable
to erect in the consecrated part of a burial ground a
chapel for the performance of Divine service, it shall be
obligatory on the burial ground to erect a chapel on the
unconsecrated part thereof, unless it shall be determined
by three•fourths of the vestry that the same is undesir-
able and unnecessary, as hereinbefore provided. 3 All
notices relative to the closing of burial grounds, or of
vestry meetings to be held in pursuance of this and of
the herein recited acts, shall be affixed to the doors of
all places of worship in the respective parishes to which
they refer.
Each of them, however, after a short discussion, was
rejected without divisions.
Mr. PELLATT, who had also given notice of a clause
respecting fees and payments for interments, withlrew it.
The bill was afterwards read a third time and passed.
CRIMINAL JUSTICE BILL.

On the order of the day for the adjourned debate upon
the addition of a clause providing an appeal to Quarter
Sessions,
The clause was negatived without any discussion.
Mr. M`MAHON then proposed the insertion of a
clause, the object of which he stated was to prevent
frivolous and vexatious prosecutions, by empowering
magistrates to award to the defendant his costs, awl also
an allowance for loss of time in case of acquittal, which
expenses should be paid by the prosecutor ; and in cases
where the prosecution should appear to be malicious or
vexatious, that the justices should have further power to
award to the defendant a further sum of money not
exceeding 20/.
The ATTORNEY-GENERAL said that this clause
was most objectionable, and was utterly at variance with
the established principle and practice of criminal law in
this country.
Mr. WATSON also condemned the tendency of such
a clause to introduce an injurious element into the ad-
ministration of the law ; though he admitted that the
question as to the propriety of compensating prisoners
in cases of malicious or vexatious prosecutions was well
worthy of consideration at some future period. He
further thought that the principle on which the bill
itself was founded was bad ; and that, although we were
much indebted to the magistracy for the zealous and
conscientious manner in which they discharged their
duties, the country could scarcely have confidence in
them as competent persons to be entrusted with sum-
mary jurisdiction in criminal cases.
Mr. HENLEY opposed the amendment, and Mr.
HADFIELD supported it.
Mr. J. G. PHILLIMORE said that although he
was of opinion that the public ought to cornpen.sate
prisoners who had been unjustly accused, he did not
approve of the means by which this bill sought to at.,-in
that object.
After some further discussion the clause was negatived
without a division.
Mr. M‘MATION then moved the omission from the
third clause, "or larceny, or a clerk, or servant, or em-
bezzlement, or obtaining property
byb false pretences, or
attempting to obtain property y false pretences."
These were offences punishable, some of them with teins-
portation for life, and power was here given to two jus-
tices sitting in a hack parlour in a public-house to try
cases which even courts of Quarter Sessions were pro-
hibited from dealing with.
Mr. J. G. PIIILLIMORE supported the amend-
ment.
Mr. R. PALMER thought the better course would be
to leave out the clause altogether.
The ATTORNEY-GENERAL hoped the house
would pass the clause in some form, believing that it
contained the germs of great good.
Mr- WATSON supported the amendment of the hon.
member for Wexford, thinking that the clause ought to
be modified in some respect.
Mr. tATIQES thought the enggestion of the hon. f' rid
learned,rnember for Wexford entitled to great conside-
ration.
Mr. HENLEY suppprted the amendment of the hon.
and learned member for Wexford.
fir BARROW would be sorry to see the clause
struck out altogether, thinking that it might be amended
Bo as to effect the greatest good.
The SOLICITOR-GENERAL for Ireland concurred
in the amendment of the hon. and learned member for
Wexford.
After some further discussion the clause, as proposed
to be amended by the Attorney-General, was agreed to.
Mr. M'AIAIJON then moved an amendment limiting
the jurisdiction of the justices to the punishment of three
instead of Six months.
The ATTORNE Y-GENEHAL thought the clause as
it at present existed did not give too great a power to
the Justices.
The amendment, after a short discussion, was neg:v
tived without a division.
The clause as amended was then agreed to.
As to clause 17, giving compensation to the clerk of
the peace,
Mr. J. S. PHILLIMORE moved that it be struck
out.
The house divided upon the amendment, when there
appeared—
For the amendment .... ............. 19
Against it ............................... 42
Majority against the areenduie-...n.t. ....
. —23
The bill was then read a third time and passed.

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