The Sun.
London, England, 1846-08-11 00:00:00

ABOLITION DEODANDS BILL.

On the motion of the CHANCELLOR of the EXCHE-
QUER, this Bill was read a third time and passed.
MILITARY PUNISHNIENTS.

Mr. WILLIAMS, se ing tha Secretary to the Ordnance
in his place. wished to ask whether the opinion of the law-
officers of the Crown had been taken as to the validity of the
sentence of death passed upon a private marine at Cork for
striking his sergeant.
Mr. WARD said that it had been ascertained that there had
been some informality &tic mered in the construction of the
court which tried the prisoner, and on that ground, and also
from the recollection that he had undergone a long uncer•
tainty as to the sentence, they had conceived it but right that
the pti>oner should be sent back to his company, in the hope
that the or. leal which he had undergone would have a benefi-
cial effect on his future conduct.
MITCHELL'S PETITION.
At the request of Mr. JOHN PARKER,
Mr. T. DUNCOMBE consented to postpone the considera-
tion of this petition till this day week.
APPLICATION OF CAPITAL TO RAILWAYS.

Mr. WILLIAMS wished to ask the Noble Lord, the First
Lord of the Treasury, whether the Government intended to
interpose any check upon the application of capital to railway
construction. He sass that during last session and this as much as
210,000,0001. had been authorised to be laid out in the construc-
tion of railways. This was likely to create disarrangement of the
capital usually devoted to the manufactures and commerce of
the country.
Lord JOHN RUSSELL said that, inasmuch as a Committee
of Inquiry had been instituted at the commencement of the
present session, and they had recommended that no interference
should take place, and inasmuch, also, as the parties who had
obtained their Bills had been put to great expense, it did appear
to be unjust that they should be deprived of the advantage to
which, in consequence of that outlay, they were entitled.
With respect to the general part of the question, he did not see
how, as there was no means of preventing the application of
capital to railways on the Continent, es 1., she United States
of America, there could be any restriction to the application
of capital to railways within the limits of the United Kingdom.
The Railway Board which was proposed would, in all probabi-
lity, save all the difficulty.
NAVAL AND MILITARY DEPARTMENT RILL.

On the motion of the CHANCELLOR of the EXCHE-
QUER this Bill Ica.; read a second time.

PUBLIC WORKS AND FISHERIES (IRELAND)

BILL.

On the motion of Sir G. GriF.Y 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 bad 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.
Lard G. SOMERSET wished to know whether her Ma-
jesty had given her assent to the abolition of these deodands,
as it W.,S 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,
and had given her consent to every step in which it was
necessary.
After some observations by Mr. WAKLEY and Mr. Hms-
LEY, the former complaining that Air. S. Wortley, who
was in the other House, was not able to be present,
at the discussion, and from the latter complaining that there
was no rule to direct Members to ascertain whether the several
B.lls 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 fac,, 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 be recollected that it was
by means of deodands only that a cheap and ready
compensation was made to the poor for 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 „Wei:l.-servants.- , What was`T the use of bringing an
action for clamags'against the servant,Who was in roost cases
a man of straw, and could give none. fie was no advocate, for
the 'absurdity 'of the law of deodand, but he did say that a
simple compensation to'lhe Crown was a very ready means of
getting at. the Compensation which was due to the injured
pasty. He would appeal to the Learned Lord Advocate for a
confirmation of the working of the law of deodands in Scot.:
lend. He had always considered Scotchmen as much more
steady anti 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 Sth of May, and it was read a second
time .in the House of Commons, and eemmitted on the follow-
ing Monday. and when be 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 from 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 Hc.use 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 fully 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, and 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
.LGeeanrnereadl)FhriaevnidngdthstardusstoemdeEnglish
rejuries,quire
butrequired re
expe-
rience of juries, had arrived at the opinion that the case of a
-modelling.
Hisey
person injured through carelessness was safe in their hands. He
should, therefore, oppose the motion of has Hon. and Learned
Friend.

(LEFT SITTING.

RAILWAY COMMITTEES.

(THIS DAY.)

HOUSE OF LORDS.
Room A.

This Committee met this morning for the first time. The Noble
Lords who formed this Committee were—The Lord 3.fonteagle of
Brandon (chairman), the Rail of Suffolk and Berkshire, the Earl of
Due e, Lord Camoys, and Lord Skeltnersdalo. -
The following were the Bills referred to their Lordships :
The Caledonian Railway (Clydesdale Junction Railway Deviations).
Glasgow and Belfast Union Railway.
Caledonian, Polloc, Govan, and Clydesdale Junction Railway Anal_

gemation.
The first 11111 which was taken into consideration was
mum CALEDONIAN, POIMOC, GOVAN, AND
CLYDESDALE JUNCTION AMALGAIIMA+
=ON.

Mr. Sergeant Wrangham and Mr. Hope appeared for the Imo-
moters of the Bill ; Messrs. Austin, 1111,1 yard, and Sergeant Murphy
appeared for Sir John Maxwell, of Polloc, and other parsons, in op-
position to the Bill.

Mr. Sergeant WEANGIIA3I opened the case on behalf of the pro-
moters, and proceeded to call evidence in support of the Bill.
The first witness called was Mr. Errington, who deposed to the
general merits of the scheme ; after which Mr. Austin claimed to be
heard on behalf of the Glasgow, Airdrie, and Monkland Junction
Railway, to which Mr. Hope objected, and contended that he had no
locus standi.
Dlr. AUSTIN was heard in support of his claim.

Mr. HOPE replied,

At ter which

The CHAIRMAN stated that the Committee were unanimously of
opinion that the petit:oners had failed to make out their case, and
that the Glasgow, Airdrie and Monklaud Junction Railway had no
locus standi.

Mr. Sergeant MunerrY then, on the part of Mr. Graham, wished to
introduce a clause making more explicit the six mile clause contained
in the Bill as it came up from the House of Commons.

The Committee intimated that the question was decided by their
previous decision.

The next application on the part of Mr. Sergeant Muarnir was
that the interpretation put upon the six mile clause should be made
to appear cm the votes.

Mr. HOPE said that if his opinion would have any weight with the
courts of law in Scotland he should feel proud to have his opinion
there recorded.

This application the Committee also considered should not bo com-
plied with.

Room C.
OLDHAM, MANCHESTER, LIVERPOOL.

AND BIRKENHEAD JUNCTION.

Mr. Rendali, C.E., and other witnesses, were examined in support
of the Bill.

This closed the case on behalf of the promoters.
Mr. MzitivALE then procbeded to address the Committee on behalf
of the Rochdale Canal Company, whose property was affected by the
Bill. The Learned Counsel Illustrated the alleged injury done to the
property of the petitioners, by frecuenting calling the attention of
their Lordships to a model of the premises of the Company which
lay upon the table.
Mr. Cooke, the chairman of the Rochdale Canal Company, was
examined at considerable length, with a view of showing the amount
and position of the property which would be affected by the proposed
line.

ROYAL ARTILLERY.
GENERAL ORDER.
WOOLWICH, AUGUST 8, 1846.—" His Lordship the Master-
General has been pleased to select the following individuals
in the Royal Regiment of Artillery as worthy of an annuity
and silver. medal, under the provisions of items 2,3, and 4, of
the good conduct regulations :
" Quarter-Master-Sergeant J. Bowman, Royal Horse Ar-
tillery.
" Sergeant William Rudd. 7th battalion.
" H. D. ROSS, Deputy Adjutant-General."
The above non-commissinned officers are the first who
have been selected by the Master-General, in virtue of the
powers conferred upon him by the 4th item of the good con-
duct warrant, to grant an annuity of 20/. per annum, allowed
by the 2d item to be conferred upon meritorious non-
commissioned officers, in addition to their pay while ferving,
and pensions on being discharged from the service.
Quarter-Master-Sergeant Bowman has been upwards of 40
years in the service, and Sergeant Rudd for a very long
perfect, and still perform the duties of their respective stations.