Commons Sitting of 20 March 1844

MINUTES.
NEW WRIT.—For Hastings, v. Right Hon. Joseph Planta, acc. the Chiltern Hundreds.
BILLS. Public.—1o. Quarter Sessions (Cities and Boroughs).
2o. Mutiny; Marine Mutiny; Night Poaching Prevention.
Reported.—Masters and Servants.
Private.—1o. Hartlepool Pier and Port.
2o. Marianski's Naturalization.
Reported.—Guildford Junction Railway; Bolton and Preston Railway.
PETITIONS PRESENTED. By Mr. Mainwaring, from Denbigh, and 3 places, against Union of Sees of St. Asaph and Bangor.—By Mr. P. Miles, from Bristol, and Mr. W. Miles, from Bedminster, for Alteration of Poor Law Amendment Bill.—From Roscommon, for Relief from Assessment for Shannon Navigation.— By Mr. O. Morgan, from Abergavenny, and 5 places, in favour of Local Courts.—By Mr. Turner, from Chichester, for Prevention of Duelling.—By Mr. S. Crawford, from Aberdeen, for Withholding the Supplies.

INTERMENT.
Mr. E. Turner,pursuant to notice, put the question to the Secretary of State for the Home Department, whether the Government intended to submit to the House of Commons any general plan of Cemetery Interment?
Sir J. Grahamsaid, that more than one question had been put upon this subject during the course of the present Session. He did not exactly understand the question put by the hon. Member, but he

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might state that it was not the intention of Government to prohibit interment in towns in ancient churchyards where the ancestors of those who had the right of interment there had been buried.

COUNTY CORONERS.
The Report on the County Coroners' Bill was brought up, and the Bill re-committed.
House in Committee.
Mr. Scott,on the sixth Clause, objected, that the effect of it would be to take away the right of election from those in whom it was at present vested, and place it in the hands of those who were qualified to vote for knights of the shire. He would, therefore, move for the omission of the words "knights of the shire," and the insertion of the word "coroners."
The Committee divided on the question that the words "knights of the shire" stand part of the Clause—Ayes 45; Noes 70: Majority 25.

List of the AYES.

Arkwright, G.

Lascelles, hon. W. S.

Bailey, J., jun.

Lawson, A.

Baskerville, T. B. M.

Lincoln, Earl of

Beckett, W.

Lygon, hon. Gen.

Bradshaw, J.

March, Earl of

Buck, L. W.

Marsham, Visct.

Chute, W. L. W.

Miles, P. W. S.

Cripps, W.

Miles, W.

Damer, hon. Col.

Nicholl, rt. hn. J.

Darby, G.

Ossulston, Lord

Dickinson, F. H.

Patten, J. W.

Divett, E.

Peel, J.

Farnham, E. B.

Rendlesham, Lord

Flower, Sir J.

Russell, C.

Fuller, A. E.

Shirley, E. P.

Gaskell, J. Milnes

Smith, rt. hn. T. B. C.

Gladstone, Capt.

Spry, Sir S. T.

Gore, W. R. O.

Sutton, hon. H. M.

Graham, rt. hon. Sir J.

Walsh, Sir J. B.

Hardinge, rt. hn. Sir H.

Wilbraham, hon. R. B.

Hinde, J. H.

Wyndham, Col. C.

Irving, J.

TELLERS.

Jermyn, Earl

Pakington, T. S.

Knatchbull, rt. hn. Sir E.

Knight, G.

List of the NOES.

Aglionby, H. A.

Brotherton, J.

Aldam, W.

Bruges, W. H. L.

Arundel and Surrey,

Buller, C.

Earl of

Buller, E.

Bannermann, A.

Butler, hon. Col.

Barclay, D.

Byng, rt hon. G. S.

Berkeley, hon. Capt.

Cavendish, hon. G. H.

Berkeley, hon. H. F.

Colborne, hon. W.N.R.

Bernal, Capt.

Collett, J.

Bowes, J.

Crawford, W. S.

Broadley, H.

Davies, D. A. S.

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Dawson, hon. T. V.

Manners, Lord J.

D'Eyncourt, rt hn. C.T.

Marjoribanks, S.

Douglas, Sir C. E.

Martin, J.

Duncan, Visct.

Morgan, O.

Duncombe, T.

Morris, D.

Dundas, Adm.

Morrison, J.

Egerton, W. T.

Napier, Sir C.

Escott, B.

Paget, Lord A.

Ewart, W.

Philips, G. R.

Fielden, J.

Plumridge, Capt.

Fox, C. R.

Ricardo, J. L.

French, F.

Rushbrooke, Col.

Gill, T.

Smith, rt. hon. R. V.

Guest, Sir J.

Smythe, hon. G.

Hall, Sir B.

Strickland, Sir G.

Hanmer, Sir J.

Trelawny, J. S.

Hawes, B.

Troubridge, Sir E. T.

Hay, Sir A. L.

Wall, C. B.

Henley, J. W.

Wallace, R.

Hindley, C.

Ward, H. G.

Hodgson, R.

Wawn, J. T.

Howard, hon. C.W.G.

Wilshere, W.

Hutt, W.

Wood, Col. T.

James, W.

TELLERS.

Johnston, A.

Scott, R.

Kemble, H.

Warburton, H.

House resumed. Bill reported. Report to he re-considered.

MASTERS AND SERVANTS.
On the question that the Masters and Servants' Bill be re-committed,
Mr. Hawescalled the attention of the Government to the fact, that the Clauses were of a very large and comprehensive character, and gave to the Magistracy some extremely harsh powers.
Sir J. Grahamsaid, that when the hon. Member had consulted him on the subject of this Bill, he had expressed an opinion that it would be well to bring into a focus all the Acts of Parliament relating to Master and Servant. He had understood that in doing so, the hon. Gentleman intended to extend to Magistrates a power as concerned work done under contract. To that he had no objection, and further, than that he had understood that the Bill would not alter the law. He had not had time, however, to read all the Clauses of the measure, and the hon. Mover could best state whether there was anything new in the Bill, or whether it was simply a re-enactment?
Mr. Milessaid, that this Bill repealed all the existing Acts, and re-enacted their provisions, extending the power of Magistrates just so far as the right hon. Baronet had explained. He could assure the House, that he did not propose by this Bill to give any new power to magistrates.
Mr. T. Duncombereferred to clause 4, and observed, that a case occurred not long ago in which a female servant, employed by a farmer, had to go through the bed-room of a man-servant to her own room. She objected to do so—left her employer, and was taken before a magistrate, who said it was his duty to execute the law—and committed her to prison. He did not think any magistrate, who did not consider it compulsory on him to carry into effect the law, would have imprisoned a woman who absented herself from her employment for such a reason; and he thought some provision ought to be introduced into this Bill to meet such cases.
Mr. Mileswished to make the law as stringent with regard to the master as the servant.
Bill to be re-committed.
House in Committee.
On clause 1,
Mr. D. Barclaysaid, he had given notice of an Amendment on the Clause relating to domestic servants. It was not his object to give masters and mistresses more power over their servants than they already possessed, but to afford greater facilities to servants for the recovery of their wages. At present domestic servants had no means of recovering their wages by summary process; and he wished to give power to Magistrates in petty sessions to adjudicate on such cases. He proposed to give this power only to Magistrates in petty sessions, in order that no abuse might take place. He made this proposal, in consequence of strong representations he had received from the mayor and magistrates of Sunderland, pointing out the hardship which, in this respect, resulted from the existing law. They stated, that the sudden discharge of female domestic servants placed them frequently in circumstances of great misery and destitution, and, in many cases drove them to prostitution. He would therefore propose after clause 9, to introduce these words—
"Be it further enacted, that the provisions of this Act shall authorise magistrates in petty sessions assembled, and they are hereby authorised, to act, in cases of disputes between masters and mistresses and domestic servants, with respect to claims for wages and other compensation for services rendered by such domestic servants."
Sir J. Grahamsuggested to the hon.
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Member that he should now allow the Bill to go through Committee, and gave notice of his intention to propose such a Clause, on bringing up the Report. The Clause might then be printed, and he (Sir J. Graham) would give it his best consideration. He thought, however, that the limitation of the jurisdiction of magistrates, as proposed by the hon. Member, to cases of disputes as to wages, being so far in favour of the servants, might form some ground of objection to the Clause.
Clause agreed to.
House resumed.—Committee to sit again.
House adjourned at half-past Seven o'clock.