HC Deb 08 May 1846 vol 86 cc223-5
MR. CHRISTIE

wished to call the atte tion of the right hon. Home Secretary to the representations contained in the petition of Mary Anne Tyler, which he presented yesterday, and also to two other cases of extreme hardship upon individuals. The petitioner, Mary Ann Tyler, was charged at the Loughborough petty sessions, on the 16th of April, with using violent language towards another woman, of the name of Crooks, who applied to have Tyler bound in sureties to keep the peace. The magistrates, the Rev. John Dudley and Mr. Danvers, decided that there was no need to require sureties, and told the complainant that her remedy was by action; but they told Tyler to stand admonished, and adjudged that she should pay 1l. 18s. costs. They afterwards sent her to prison for fourteen days, with hard labour, for non-payment. The warrant of commitment states that she had "grievously annoyed and abused" the husband of the woman who made the complaint, "against the peace of our Sovereign Lady the Queen, her crown, and dignity." The Act of Parliament under which the costs were adjudged, the 18th George III., c. 19, was an Act "for the payment of costs to parties on complaints determined before justices of the peace out of sessions." Here there was no determination. The magistrates said it was not a case for them to decide. The second case to which he wished to call the right hon. Baronet's attention was that of Catherine Stubbs, who was charged on the 5th of March, before the Rev. John Dudley, the Rev. W. Acworth, and Mr. Danvers, with attempting to leave her master's service. She had not left her master's house, but had on her bonnet and shawl, when her master sent for a constable, and gave her into custody. Mr. Dudley told her that attempting to leave her master's service was a misdemeanour, and she was committed to prison, with hard labour, for two months. The Act of 4 George IV., c. 34, provided that— If any servant in husbandry, or any artificer, calio-printer, handicraftman, miner, collier, keel-man, pitman, glassman, potter, labourer, or other person, shall absent himself or herself from his or her service before the term of his or her contract shall be completed, or neglect to fulfil the same, or be guilty of any other misconduct or misdemeanour in the execution thereof, the magistrates might commit to prison, with hard labour, for three months, or in lieu thereof abate the whole or a part of the wages due to the offender. There had, however, been a decision that the words in the Act did not apply to household servants. The girl, on being-told that she was to go to prison, burst into tears, and said she had never been to prison and never would go there; whereupon the Rev. Mr. Dudley proposed to send her for three months, but the other magistrates would not concur in that suggestion. The next case to which he would direct the Home Secretary's attention was that of James Jarvis, a pauper, aged seventy-five, who was brought before the bench for refusing to work at the pump in the Barrow-on-Soar union workhouse, and was committed to prison, with hard labour, for twenty-one days. He had previously been on the refractory diet in the workhouse. The warrant of commitment had the signature of the Rev. W. Acworth, who acted as chairman of the board of guardians at the meeting at which this pauper was sent before the magistrate. On Jarvis's committal to prison, the surgeon ordered him not to be put to the wheel on account of his age. He was soon after taken ill, and died before the term of his imprisonment expired. He wished to ask the right hon. Baronet whether his attention had been directed to the first two cases, and whether it was his intention to institute any inquiry into the conduct of the magistrates? And also whether the last case had been brought under the notice of the Poor Law Commissioners, and if so, whether they intended to investigate the circumstances?

SIR J. GRAHAM

The first case referred to by the hon. Member for Weymouth, that of Ann Tyler, was brought under my notice before the hon. Gentleman presented a petition on the subject. I made strict inquiry into the circumstances, and I was satisfied that the conviction was illegal, and I immediately despatched an order for the prisoner's liberation. I have since informed the magistrate that the conviction was illegal; I have stated to him strongly that his conduct appeared to me highly reprehensible, and that, if such conduct were repeated, it would be my duty to bring it under the special notice of the Lord Chancellor, with a view to his dismissal. The second case—that of a female servant committed for a breach of the laws relating to masters and servants—was not brought under my notice till yesterday, when I received a communication on the subject from the hon. Gentleman. I immediately made inquiries into the case, but I have not yet received an explanation. With regard to the last case, I have called the attention of the Poor Law Commissioners specially to it, and they will institute an inquiry into the circumstances.