On clause 26,
If any person within the Metropolitan district shall feloniously steal any chattel, money, or valuable security, or receive any chattel, money, or valuable security, knowing the same to have been feloniously stolen, and if it shall appear to the magistrate before whom he shall be charged, that the offence has been committed without any circumstances of aggravation, such offender may be summarily convicted by the magistrate, and shall be liable to a penalty not exceeding 5l. beyond the value of the article stolen.
Captain T. Wood
wished to define more precisely the class of offences which the magistrates were to be authorized to punish summarily.
§ Sir T. Fremantle
concurred in the necessity of limiting the power of summary jurisdiction in cases of larceny. This frequent adoption of summary jurisdiction went, as he thought, to the abolition of trial by jury.
Mr. W. Williams
protested against the clause as an infringement upon trial by jury, and called upon the House to adopt a suggestion of the right hon. Gentleman the Member for Pembroke, to give the right of appeal in all cases of conviction for felony by the magistrates.
§ The House divided on the original motion: Ayes 36; Noes 14—Majority 22.
|List of the AYES.|
|Adam, Admiral||Broadley, H.|
|Baring, F. T.||Brotherton, J.|
|Barnard, E. G.||Clay, W.|
|Berkeley, hon. C.||Craig, W. G.|
|Bramston, T. W.||Dalmeny, Lord|
|Ferguson, Sir R. A.||Rolfe, Sir R. M.|
|Finch, F.||Rutherfurd, rt. hn. A.|
|Greenaway, C.||Scholefield, J.|
|Grey, right hn. Sir G.||Stock, Dr.|
|Grote, G.||Teignmouth, Lord|
|Hawes, B.||Vigors, N. A.|
|Hobhouse, rt. hn.Sir J.||Villiers, hon. C. P.|
|Butt, W.||Wakley, T.|
|Hutton, R.||Warburton, H.|
|Kemble, H.||Wood, C.|
|Morris, D.||Wood, G. W.|
|O'Ferrall, R. M.||TELLERS.|
|Pigot, D. R.||Maule, hon. F.|
|Price, Sir R.||Steuart, R.|
|List of the NOES.|
|Blair, J.||Lockhart, A. M.|
|Bridgeman, H.||Lowther, J. H.|
|Gaskell, J. M.||Monypenny, T. G.|
|Graham, rt. hn. Sir J.||Sheppard, T.|
|Grimsditch, T.||Williams, W.|
|Hector, C. J.|
|Hodges, T. L.||TELLERS.|
|Hodgson, R.||Fremantle, Sir T.|
|Johnson, General||Wood, Colonel T.|
§ On clause 37, giving the magistrates power to lessen the share of informers in the penalties imposed, being moved,
§ Mr. Kemble
objected to the clause, thinking that the informers should be allowed to retain the share now awarded to them.
§ The House divided on the clause: Ayes 32; Noes 14: Majority 18.
§ Clause agreed to.
§ Other clauses agreed to.
§ The House resumed. Report to be received.