first tried for manslaughter, and afterwards have an action for damages brought against him. The ATTORNEY GENERAL observed that, of course, the Government could not say what should be done with this Bill, without the assent of the hon. Gentleman who had charge of it. It was very desirable that the deodand should be made the means of affording some compensation to the family of a person killed. There was no difficulty as to the law of deodand itself: the difficulty was, whether it should be abolished, or how it should be applied. LORD GRANVILLE SOMERSET would suggest that in any alteration of the law of deodand, the manorial rights should be taken into consideration. Bill postponed until Monday. House counted out and adjourned at a quarter before Five o'clock. HOUSE OF LORDS, MINUTES.] PUBLIC BILLS.-1 Ordnance Survey. 5 and passed. Saint Asaph and Bangor and Manchester Dioceses. done in compensating him for the loss which he had sustained. The noble Duke proceeded to observe, that, from the great advantages conferred by Parliament on these railway companies, and considering the powers which were given to them, in order that they might keep to themselves those advantages, he should say they ought, at least, to conduct themselves with fairness towards those unfortunate proprietors who were the victims of their speculations, and of the measures passed to enable them to obtain possession of property. He would not conclude what he had to say on this subject without naming the company that had been guilty of what he should call this outrage. It was the Great Western Railway Company which was making this railroad by Yeovil. The EARL of CLARENDON wished to say a word on this subject, as he had been Chairman of the Committee of their Lordships' House by which the Bill alluded to in the petition had been passed. The petitioner complained before the Committee that he had not been fairly used; and he (the Earl of Clarendon) in consequence succeeded in suspending the decision of the Com PETITIONS PRESENTED. From Kidderminster, South Mol-mittee until an arrangement was come to by the company with this person. The engineer, on the part of the company, entered ton, and Dorchester, in favour of the Small Debts Bill.From Denis O'Flyn, of Cork, against the Collection of Ministers' Money.-From Benjamin Lewis, of Cumber land Place, New Road, for Alteration of the Small Debts into a specific promise in consequence be Bill. RAILWAYS. The DUKE of WELLINGTON begged to call their Lordships' attention to a petition which he had to present from a person named Hartnell, residing near Yeovil, in the county of Somerset, complaining of the injustice which had been done to him under an Act of Parliament passed by their Lordships in the last Session. The petitioner stated that he had a house and grounds which he used as a nursery garden, and which were included in the land proposed to be taken by a railway company, under the Act alluded to. That the company had entered on his grounds, but that the Act had not been since carried into effect; that no arbitrators had been named to award him compensation for his property, and that, in point of fact, no compensation had been given or offered to him; that his property had been completely useless to him since this Railway Act had been passed into a law; that he had since January last received two notices from the railway company of their intention to take possession of his property, but that nothing had been fore the Committee, that the required arrangement would be carried into effect. There was not the least doubt but that, firstly, the petitioner had been extremely ill used, and, secondly, that the company had no right whatever to enter on this holding without awarding him compensation. He (the Earl of Clarendon) believed that the reason the company had so acted was that the party happened to be a poor man, and did not know how to resist them. He thought the Land Clauses Consolidation Act contained a clause providing a remedy for cases like the present, and he hoped this poor man would be so advised as to procure justice under it. LORD BROUGHAM said, he was very glad his noble Friend had brought forward this matter. He (Lord Brougham) had occasion during the last Session to state this poor man's case before their Lordships, when presenting a petition against the same railway speculators, from a noble lady in that neighbourhood, who asked him also to mention the case of her poor neighbour. This was not a solitary case of the kind, as he knew by the many private letters which reached him. Lord Harbo rough resisted these parties, and defeated | ious now to state to his noble and learned them; but the petitioner was a poor man Friend and the House, that he had since not able to compete with them. Their then so informed himself, and that there course was this. They kept the powers had been certainly no communication made which they acquired by their Bill hanging on the part of the Austrian Government to over the poor man's head, and did not the Government of this country on the grant compensation until such time as they subject of the unfortunate circumstances— required to use the property, though in the unfortunate in every respect-which had meantime it was utterly valueless to the taken place in that country. But though holder. The petitioner could not carry no communication had been received from on his improvements as a nursery gardener, the Austrian Government, Her Majesty's and yet this company declined paying him. Government had received most authentic He was glad to hear his noble Friend op- information from time to time as to these posite (the Earl of Clarendon) admit that proceedings; and he was happy in being the trespass by the company was a most able to announce that the last communicagross one; but there still could be very lit- tion which had been received on the subtle doubt, as most jurors were railway project stated, that there was, on the part of prietors, that if this poor man brought an action for trespass against the company, he would not get damages sufficient to pay him his costs out of pocket. LORD VIVIAN thought that the time fixed in all Railway Acts for the purchase of land should be materially shortened. It was monstrous for a company to seek a period of seven years, during which they could command a compulsory sale of property. The DUKE of GRAFTON agreed that the time for the purchase of land should be limited, and he thought two years quite enough. He did not think, however, that such a long period as that mentioned by the noble Lord was ever allowed. LORD VIVIAN said, when the London and York Railway was before the Committee, of which he happened to be a Member, a power of seven years for the purchase of land was sought for, but he succeeded in having the period reduced to five years. LORD PORTMAN said, the company of which the petitioner complained was not the Great Western Railway Company, but the Western Branch of the Bristol and Exeter Railway. Petition read and ordered to lie on the Table. THE INSURRECTION IN GALLICIA. the Austrian Government, a disposition to lean as leniently as possible on those parties. He had only to add, that he hoped that leniency would take effect more especially with regard to those unfortunate individuals who might have been involuntarily mixed up with those transactions, or who, from accidental circumstances, might have been suspected of taking a part which they really did not take. He relied on the character of the Government of that country that no time would be lost in doing justice to those individuals, as far as it was consistent with the safety of the Government of the country to permit, and that no conditions would be sought inconsistent with the feelings of honour, and the characters of the parties. LORD BROUGHAM said, nothing could be more satisfactory than the statement of his noble Friend; and he had only to add, lest the matter might lead to any misunderstanding elsewhere, his great and vehement displeasure at the whole proceeding connected with the insurrection in Gallicia, an insurrection that he regarded as wholly unjust. RELIGIOUS OPINIONS RELIEF BILL. LORD LYNDHURST wished to draw their Lordships' attention to a Bill which had been for some time before their LordThe MARQUESS of LANSDOWNE wish- ships' House-he meant the Religious ed to state, in reference to the question Disabilities Bill. That Bill had passed which his noble and learned Friend (Lord through Committee on the understanding Brougham) had put to him a few evenings that a communication should take place on ago, on the subject of the confiscation of the subject between himself and a right the property of Polish refugees by the rev. Prelate (the Bishop of Exeter), and it Austrian Government, and which he had was now waiting to be recommitted, with declined answering until he could commu- a view of considering some Amendments nicate with his noble Friend the Secretary that were intended to be proposed. He had of State for Foreign Affairs, and inform since had an opportunity of meeting that himself of the precise facts. He was anx-right rev. Prelate, and had agreed with VOL. LXXXVII. {i} Third 2 Y 1379 The Preston, Liverpool, {LORDS} and Ormskirk Railway Bill. 1380 him as to some Amendments. He wished The MARQUESS of LANSDOWNE said, he was exceedingly glad that the noble and learned Lord was willing to go on with the measure. He could not have the least hesitation in assuring the noble and learned Lord, on the part of the Government with which he had the honour to be connected, that they would consider this Bill as a Government measure, so far as giving it every facility in their power in its progress through Parlia ment. The BISHOP of LONDON said, he and his right rev. Friends had not had an opportunity of seeing the Amendments to which the noble and learned Lord alluded, and it was their earnest hope that Her Majesty's Government would not press the third reading of the Bill during the present Session. The BISHOP of LONDON explained. The noble Lord appeared to forget that he (the Bishop of London) had no objection to the Bill itself. He was not one of those who thought the Bill should not pass; and the objections which he raised to certain parts of it were, he believed the noble Lord would admit, not urged in a speech of a very polemical character. The ground on which he now asked for a postponement of the measure was, that the bishops were all officially employed in their respective dioceses, so that it was impossible for them to attend in their Lordships' House. LORD LYNDHURST said, that he did not complain of the manner in which the discussion had been carried on on this Bill by the right rev. Prelate. He hoped that they would at once go into Committee pro formá, and he would then name an early day for its discussion. ORMSKIRK RAILWAY BILL. LORD STANLEY wished to call the attention of his noble Friend the President LORD BEAUMONT said, he could not of the Board of Trade to a petition on this help expressing his surprise at the applica- Railway Bill, as well as a number of other tion made by the right rev. Prelate, espe- Railway Bills which were now being procially when he recollected the course which ceeded with. The progress of this Bill the right rev. Prelate had himself taken had been impeded by a number of circumwhen the question was before the House. stances over which the projectors of it had This question had been for more than no control; so that the second reading of three years before their Lordships; and the it was only put down for Monday last, the present Bill had been fully discussed on 20th of July. Now one order prevented two occasions this Session, in presence of an opposed Bill from having a Committee the right rev. Prelate himself—the right named on it on the same day as its second rev. Prelate having spoken on each occa- reading; and another order directed that sion. On one of these discussions the no Bill should be committed after the 20th right rev. Prelate left the House before of July. The progress of this Bill had the termination of the debate; and on the already involved the company in a charge other he declined dividing the House. of 60,000l. He did not wish for an imBoth the supremacy of the Crown and the mediate answer to his question; but he introduction of bulls had been fully dis- wished to ask his noble Friend whether cussed. The former of these questions the Government would provide some rebeing a matter of fact, could not be af-medy to meet a case of hardship of this fected by any law repealing the penalties kind? It would be but an act of justice to to which a person denying that fact was put an end to the uncertainty which exnow liable. isted on this subject. Bankers, Merchants, and other Inhabitants of the City of Chester, for the Establishment of Local Courts for the Recovery of Small Debts.-By the Marquess of Douro, from Bankers, Merchants, Manufacturers, Traders, and other Inhabitants of the City of Norwich, and by Mr. Milner Gibson, for Alteration of Law of Rating and Settlement. LORD BROUGHAM said, that it appeared in this case that the delay was not attributable to the conduct of the parties. Under the peculiar circumstances of this Bill, they should make some allowance, as every disposition had been manifested by the parties to get the second reading of this Bill before the last day named for that purpose. The whole of the 60,000l., which would otherwise be thrown away, might be saved by coming to some resolution on the subject. MILITARY OPERATIONS ON THE SUTLEJ. MR. SPEAKER acquainted the House that he had received from the right hon. Lieutenant General Viscount Hardinge, the following letter, in return to the Thanks of this House, communicated to him in obedience to their commands of the 2nd day of March last: And the same was read, as followeth : The EARL of CLARENDON said, that he had received a deputation of the parties promoting this railway, but he had not held out to them any prospect of their obtaining what they asked for. It was for the 'Simla, May 10th, 1846. House to consider whether, under the pe"Sir-I have had the honour to receive your culiar circumstances of this case, an excep- Letter of the 6th March, conveying to me the tion might not be made. He would state Resolutions of the House of Commons of the in the course of to-morrow the course which 2nd of March, which I have communicated to the the Government would recommend to pur-bart. G.C. B., and to the several General Officers Commander in Chief, General Sir Hugh Gough, sue. referred to therein. 66 LORD REDESDALE denied that any The deliberate and unanimous expression of peculiar hardship existed in this case, for the approbation of the House of Commons is an notice was given in May last that no Com-honour highly appreciated by the General Officers, mittee on a Railway Bill should be ap- of the Indian Army, employed in the late operaOfficers, and Soldiers, both European and Native, pointed after the 20th of July. This might tions on the Sutlej. appear a case of hardship, but there were many cases of greater hardship. He trusted that the House would adhere to its Orders, for if they opened the doors on these occasions it would lead to endless confusion, for all parties would imagine that they could break through a neglect of the Orders, as they could always get excused. LORD BEAUMONT considered that it would be inconvenient then to go into the discussion, as the House had fixed it for to-morrow. LORD STANLEY would suggest that a return should be prepared, and laid on the Table, of the state of the Railway Bills before the House on Monday last. Petition laid on the Table. HOUSE OF COMMONS, Thursday, July 23, 1846. I have to offer to you, Sir, my best acknowledgments for the very obliging terms in which you have been pleased to communicate to me the Regreatest esteem and respect, I have the honour to be, Sir, your obedient servant, "H. Hardinge. "The Right Hon. the Speaker, &c. &c." solutions of the House of Commons.-With the BATTLE OF ALIWAL, AND BATTLE OF MR. SPEAKER acquainted the House, that he had received from the Right Honourable Lieutenant General Viscount Hardinge the following letter, in return to the Thanks of this House, communicated to him in obedience to their commands of the 2nd day of April last: And the same was read, as followeth : "Simla, May 25th, 1846. "Sir-I have had the honour to convey to the Commander in Chief, Lord Gough, G.C. B., to Major General Sir Harry Smith, baronet, G. C.B., to the General Officers, Officers and Troops of the MINUTES. NEW MEMBER SWORN. For Lancaster County Army of the Sutlej, the Thanks of the House of (Southern Division), William Brown, Esq. PUBLIC BILLS.-1°. Burial Service (No. 2); Militia Bal- the Parish of Saint Andrew, Holborn, for Alteration of Fisheries (Ireland) Bill.-By Mr. Attorney General, from Commons, which have been unanimously voted to them for the Victories of Allewal and Sobraon. This is the second occasion, during the same Session of Parliament, that I have had the good fortune to acknowledge, on behalf of the Army of the Sutlej, the high honour which has been conferred upon that Army by the House of Commons. "This distinction, so promptly and unanimously bestowed by the Representatives of a free people. is a reward highly appreciated by their countrymen serving in a distant frontier of Her Majesty's Indian Empire; and, as regards our fellow subjects of the Native Army, the distinction is received by them as an honourable proof of their connection with Great Britain, by publishing to the people of this great Empire, that their faithful services are recognised and esteemed by their So vereign and the British people. dient servant, "HARDINGE. "The Right Hon. the Speaker, &c. &c." LOSS OF THE POTATO CROP (IRELAND). MR. O'CONNELL, seeing the right hon. Gentleman the Chief Secretary to the Lord Lieutenant of Ireland, in his place, wished to inquire of him if he had received any intelligence that seemed to threaten a renewal of the disease with which potatoes had in the past year been so extensively affected? might be postponed till another Session of Parliament. He now rose for the purpose of repeating that request. The evil which the Bill was intended to remedy was, after all, not an extreme hardship; and he hoped the House would agree with him when he said, that the probable effects of the measure were likely to be so varied that Parliament could not proceed with too much caution. It was said, that the provisions of this Bill were expected to be of great "I return you, Sir, my best thanks, for the very handsome terms in which your kindness has induced you to convey to me the House's pleasure, and which I must attribute to your partiality, in recollecting that I have had with you, for many years, the honour of a seat in the House of Com-consequence to the landed interest; but, mons. I have the honour to be, Sir, your obe- whether it were of the most importance to the landed or the trading interests, one thing was certain, that its effect would be to throw vast masses of the population upon their own resources in small districts. For this reason, he recommended the House carefully to consider the course they were taking, and maturely to deliberate on the measure. In the year 1817, this subject had been with others referred to a Committee; and that Committee recommended that persons who resided in a parish for three years without becoming-within the three years-chargeable to that parish, should in consequence of such residence be entitled to a settlement therein; and the Committee of 1817 recommended that parties so obtaining a settlement should be permitted to depose to the facts which gave them a title to it, after giving notice to the overseers of their intention so to depose. The Committee that then sat acknowledged that the subject was one of very great moment; and, considering it as he did to be one of the most serious nature, he felt bound again to urge upon the House the expediency of its postponement until the subject could be fully gone into in the next Session of Parliament. Those were the views which he entertained on this important subject; and acting, as he hoped he did, in unison with those whom he was aecustomed to act with, he would say, that though he did not desire to see the Bill put off altogether, yet he wished that the measure might be postponed till the next Session. He begged at the same time to observe, that he had no wish to harass the Government upon this matter or any other. The hon. Member concluded by moving, that the House should resolve itself into a Committee on the Bill that day six weeks. MR. LABOUCHERE said, that in answer to the question of the hon. and learned Gentleman, he had only to state that he had received letters from various quarters, official letters as well as private communications, to the effect, that though the prospects of a favourable harvest were excellent as regarded all other productions, yet that with respect to the potato crop, the disease had unfortunately made its appearance; and he feared that there was every prospect of its spreading to a serious ex tent. FEES IN COURTS. MR. ESCOTT wished to know from the right hon. Baronet opposite, whether he would, in the early part of the ensuing Session of Parliament consent to the appointment of a Committee to inquire into the general subject of the Fees in Courts of Law and Equity? SIR G. GREY replied, that the matter to which the hon. Member referred was a very fitting subject for inquiry, and he should support any Motion for inquiry respecting it. THE POOR REMOVAL BILL. MR. WODEHOUSE said, that the last time the present measure had been before the House, he earnestly requested that it MR. HUME seconded the Amendment. He hoped, whatever change the Poor Laws underwent, that the present proposition would be well and carefully considerednot by itself, but the whole system of our Poor Laws. He wished to remind the |