The Sun.
London, England, 1846-08-12 00:00:00

PUBLIC WORKS AND FISHERIES (IRELAND)
BILL.

On the motion of Sir G. GREY this Bill was read a second
time, after a remark that it would be advisable to ascertain
whether the works were necessary, especially on the river
Shannon.
The CHANCELLOR of the EXCHEQUER replied that
this point had received careful attention.
This Bill, with the the preceding one, was ordered to be com-
mitted to-morrow.

CUSTOMS DUTIES BILL.
The Report on this Bill was brought up, and the Bill ordered
to be read a third time to-morrow.
DEODANDS ABOLITION BILL.
Sir G. GREY moved the third reading of this Bill.
Lerd G. SOMERSET wished to know whether her Ma.
jesty had given her assent to the abolition of these deodandQ,
as it was but decent to consult her upon this subject.
Sir G. GREY said that he was prepared to take the course
pursued by the Noble Lord at the head of the Woods and
Forests last year. Of course her Majesty had been consulted,
sod had given her consent to every step in which it was
necessary.
After some observations by Mr. WALLEY and Mr. Hex-
LIT, the former complaining that Mr. S. Wortley, who
was in the other House, was not able Co be present,
at the discussion, and from the latter complaining that there
was no rule to direct Members to ascertain whether the several
8.113 were to be taken at twelve or five o'clock. If they took
a man's property or his life, they ought to give some compen-
sation ; and he had some doubt on the success of the policy
adopted, and he did not think it right, because they had cut off
one foot that they should cut off another.
Mr. S. WORTLEY at this time entered the House' and
said that although this Bill had passed the House of Lords,
after an able introduction, yet it had so passed without any dis-
cussion whatever. It would be recollected that deodands were
a gift to the Crown in a very early stage of our history, and he
did not think that any alteration whatever was made in the case
by what he learned was the fee-, viz. the sale of the deo-
dands to the several corporations. The only discussion which
the Bill had undergone was in a Committee up-stairs, con-
sisting chiefly of lawyers, the responsibility of whose acts
he would share, although he was only present for half
an hour. It should further Ira recollected that it was
by means of deodands only that a cheap and ready
compensation seas made to the poor f r the injury which
they suffered. Now, in the instance of an injury inflicted
by a railway company, was it at all reasonable that they
should not be obliged to pay for the consequences of the con-
duct of their servants. What was the ase of bringing an
action for damages against the servant, who was in most cases
a man of straw, and could give none. He was no advocate for
the absurdity of the law of deodand, but he did say that a
simple compensation to the Crown was a very ready means of
getting at the compensation which was due to the injured
patty. He would appeal to the Learned Lord Advocate for a
confirmation of the working of the law of deodands in Scot-
land. He had always considered Scotchmen as much more
steady and sober characters than those of whom London juries
generally consisted, and he would ask how the law worked
there. Certainly well. The Bill was brought down from the
House of Lords on the Bth of May, and it was read a second
time in the House of Commons, and committed on the follow-
ing Monday. and when he returned to town on that day at one
o'clock, he found that the two clauses which gave the
principal feature to the Bill had not only been
refrained, but totally altered in character. In Scot-
land there was this difference in the law: the nearest
relation of the person killed or injured might bring an action
for damages, and any relation who might be abroad at the time
of the occurrence was not debarred front bringing an action
on his return. In fact each relation might come in turn;
therefore the whole question was involved in difficulties. He
considered that the two Bills before the Hcuse ought to be
postponed until next session, and that in the meantime a
Select Committee should be appointed, to consider the laws
relative to deodand., and to report to the House on the subject.
He concluded by moving an amendment to that effect.
The ATTORNEY-GENERAL opposed the amendment,
on the ground that the two Bills had been before the House
for two sessions, and had been during that period hilly dis-
cussed in Committee, both in that and the other House
of Parliament. It was never intended that deodands
should be levied and compensation awarded for acci-
dents which did not occur through carelessness, wrong,
or from any other cause, but for those which did.
The plan proposed by the Bill was this—the Crown
would receive the amount of the deodand levied, arid pay it,
out of the Consolidated Fund, to the persons injured, or to
their relations in case of death. The amount of compensation
for injury was, in all cases, difficult to determine, and at all
times difficult to enforce. The Hon. and Learned Gentleman
then went on to show that the present law was defective, and
required re-modelling. His Learned Friend distrusted English
juries, but he (the Attorney-General) having bad some expe-
rience of juries, had arrived at the opinion that the case of a
person injured through carelessness was safe in their hands. He
should, therefore, oppose the motion of h,s Hon. and Learned
Friend. _ _ _

- -----
Mr. WAKLEY said that he had hoped that some other
legal gentleman would have been present to expound the law.
His two friends who had just spoken were educated under cir-
cumstances entirely nmilar, and whose opinions entirely dif-
fered. If either of these gentlemen were elevated to the
bench, the law of coroner would entirely depend on
the opinion of which of them happened to be judge.
That was a most unsatisfactory state of things. The
law of deodand, he admitted, was in a molt unsatisfactory
state. He would take the case of a livery-stable keeper who
lent to•his drunken servant an unmanageable horse. The
horse might cause the dew h of some person, and yet the livery.
stable keeper, who was as much, if not ore. is blame than
his servant, entirely escaped all the consequences—the
law could not touch him. If the horse belonged
to a gentleman, and were ridden by his servant, the gentle-
man, in that case, would be liable. If, in the case of a rail-
way company, the wheel of a carriage came off, and caused
death to some one, the company might prove that the wheels
bad been examined before the starting of the train, and yet the
jury had the power to inflict a decdand. He admitted that the
law required alteration, but yet he hoped the Hon. and Learned
Member would not divide the House on his motion, for the
matter had already received the full consideration of both
Rouses of Parliament.

After a few words from the LORD-ADVOCATE, which
did not reach the gallery,
Mr. HENLEY said that the question was whether the
amendment proposed was one likely to be beneficial. The Hon.
and Learned Members who had been discussing the Bill differed
in opinion, and a similar difterenee of opinion was observable in
the Noble and Learned Lords who had discussed the question
in the other House. lie thought that the Bill should certainly
receive a more full and careful investigation before it. passed
that House.
Mr. CRIPPS said he would support the Bill before the
House, as he considered it likely to be efficient in its nature.
The gallery was then cleared for a division, when there
appeared—
For the third reading of the Bill
Against it •••
Majority 45
The Bill was then read a third time, and passed.

----
DEATH BY ACCIDENTS COMPENSATION BILL.
On the motion of Sir G. GREY, this Bill was read a third
time and passed.

SMALL DEBTS BILL.
Sir G. GREY moved the order of the day for the second
reading of thi3 Bill.
Mr. WAKLEY hoped the further consideration of the Bilj
would be postponed for a few days.
Sir G. GREY begged to inform the House that the prin-
ciple of the Bill was not new, but was founded on the report
of the Law Commissioners. It had been brought in by the
late Government, and had been favourably considered by the
EOM of Lords. There was an intention of postponing it till
another session, but from the urgent request of the tradesmen
of Birmingham and other large towns the present Government
bad decided to go on with it. He asked the House to allow the
second reading, and allow the Bill to be committed pro forma
to-morrow, when the money clauses could be added, and the
whole details of the measure fully considered.
Mr. WILLI.OIS thought the measure one that was much
required, and he was glad there was a prospect of its being
carried into effect. He thought a great benefit would be con-
ferred by taking away the jurisdiction at present exercised by
-the quarter sessions in relation to debts.
Mr. GREENE hoped the House would at present confine

itself entirely to the merits of the Bill, which he thought was
much required.
Sir WILLIAM CLAY thought the Bill was much required,
and its provisions had given general satisfaction, and had his
entire support.
Sir G. GREY explained that a reduction in the table of
fees had been made to that which had been drawn up origi-
nally for the Bill.
Lord G. SOMERSET defended the proceedings of the
quarter sessions from the charge of the Hon. Member for
Coventry.
Mr. HENLEY supported the second reading of the Bill,
though he complained of the late period at which the Bill had
been introduced into the House.

Mr. SPOONER considered it was a Bill of very great im-
portance, and he hoped no further delay would take place in
carrying it into a law.
Sir G. GREY had no objection, with the consent of the
House, se as that no time should be lost, to move that the BA:
be committed pro
.forma this day, so that the clauses to Ist
added might be printed at once.
Mr. WAKLEY said that, after the speech of the Hon.
Member for Birmingham on a previous occasion, when a
similar Bill was passed, and his speech on this occasion, he
was much alarmed as to what were the real provisions
of this Bill. Indeed, he should carefully scrutinise every
clause and every word of it.—(Laughter.) In his (Mr.
Wakley'A) opinion, one of she greatest mischiefs
which could happen to the working men of this country was
the facility with which they could contract debts. If Le
found there was nothing objectionable in this Bill (and be
sincerely hoped that would be the case), he should give it
his support.
After a few words from Mr. B. ESCOTT in support of the
Bill,
Mr. MUNTZ said this measure was absolutely necessary to
the interests of the traders of this country. He knew it to be
a fact that many of that class of people could not recover debts
exceeding 20/.
The Bill ssas then read a second time, and committed pro
formd, with the view of adding some more clauses. The Bill
was then reported, and ordered to be re-committed on Monday
next.

COMMONS INCLOSURE (No. 3) BILL.
This Bill then went through Committee, and was ordered
to be read a third time on Thursday next.

CONTAGIOUS DISEASES PREVENTION

- - _
The House having resolved itself into Committee on this
Bill,
Lord GRANVILLE SOMERSET complained that the
powers proposed to be given by it to the Secretary of State and
the corporation• of towns were toe summary and exclusive.
Lord MORPETH said that no danger need be ap-
prehended by any party from the exercise of
those powers ; they were, in fact, such as were absolutely ne-
cespary for the health of the people.
Mr. BERNAL begged to call the attention of his Noble
Friend ( Lord Morpeth) to a point in connexion with this ques-
tion. Whilst they were all talking of improving the health of
towns, within a mile from the very house within which they
were sitting, there was a large sewer pouring its filthy
strerms info the river Thames, and yet there wag not
the slightest covering over it, and the people of
that neighbourhood were suffering from the sickness and
contagion arising from it.—( Hear, hear.) And there were
several such sewers in and around the metropolis. Now he
wanted to know whose province it was to remedy this state of
things ?—( Hear, hear.) Was it that of the Commis-
missioners of Sewers, the surveyor of the district, or were
the people of such unhealay districts to be left to the last re-
source of indicting the local authorities, for having suffered the
continuance of such nuisances?

Mr. WAKLI2,Y having condemned the present imperfect
sewage system in large towns.
Lord DIORPETH said that the nuisances complained of
could be removed by a very summary process, which was
afforded by the present law.
Mr. SiIEIL confirmed the statement of the Hon. Member
as to the sewer in Westminster. He was so struck with the
odious appearance of the sewer in the neighbourhood of
Shallesbury-terrace, that he went from house to house
for the purpose of inquiring whether, in their
opinion they suffered anything from the nuisance, and they
stated that it was most prejudicial to their health.—(Hear. )
After a few further observations from different Members, the
Bill went through Committee, the report was brought up, and
the Bill ordered to be re-committed en Thursday.
COMMITTEE OF SUPPLY.
The report of the Committee on the ordnance estimates
was brought up and agreed to. .

THE WRECK AND SALVAGE BILL.
This Bill was postponed till to-morrow.
LUNATIC ASYLUMS, AND PAUPER LUNATICS

BILL.

This Bill went through Committee, and was ordered to be
read a third time on Thursday next.
STEAM NAVIGATION BILL.
--

The report on this Bill was further considered and agreed
to, and was ordered to be received on Thursday next.
BRITISH POSSESSIONS BILL.

This Bill went through Committee, and was ordered to be
read a third time on Thursday next.

PUBLIC WORKS, FISHERIES, ice., BILL.
This Bill was reada second time, and ordered to be committed
to-morrow.

PUBLIC WORKS (IRELAND) (No. 3) BILL.
The Bill was read a second time, and ordered to be corn-
mitted to morrow.

K7E6I6AL PRACTITIONERS BILL.

On the motion of Mr. WAKLEY, this Bill was read a second
time, and ordered to he committed on Thursday next.
Sir GEORGE GREY would not object to the second re:, d-
ing of the Bill, on the understanding that it would be printed,
in order that the medical profession might be fully acquainted
with its provisions.
ARTS-UNION BILL.

On the motion of Mr. SHEIL, the Lords' amendments to
this Bill were agreed to.
The House then adjourned at a Quarter-past Three till
Five o'clock.

The House resumed at Five o'clock, only a few Members
being present.
FLOGGING IN THE ARMY AND NAVY.

Dr. BOWRING present.-d a petition from the inhabitants
of Hounslow against the practice of flogging in the British
army and navy. The petitioners stated, that in their opinion
the character of the British soldier was lowered by the bar-
barou4 practice ; that it. was foreign to the character of the
British nation, and alien to the principles of religion ; and
therefore they besought the House immediately to abolish the
disgusting practice. He cordially concurred in the prayer of
the petitioners.