HL Deb 21 April 1845 vol 79 cc1053-4
Lord Lyttleton

moved the second reading of this Bill. At present, a person who suffered by an accident arising from the negligence of another, might obtain compensation in damages if he recovered from the injury, but if he died, the right of action died with him. By this Bill his family, or his parents, if he left no wife or child, would be entitled to the same remedy as he would (if he had survived) have been entitled to. This was the law already in France; and as the value of a man's life was calculable, juries would soon get into the habit of assessing damages quite as well as for an injury to his person.

Lord Campbell

thought the Bill a most signal amendment of the law, and gave his entire approbation to the principle at least; indeed, he should hardly venture to abolish the system of deodands, however absurd, until there was some check upon negligence substituted. There had been suggestions to give a power to coroners to inflict a fine upon those who might be in fault; but they were often very much excited by the sight of the dead body and the detail of the circumstances, and he did not think that the proper tribunal which would mete out equal justice between the parties. He hoped that the Deodands Bill, which he had suspended, would go pari passu with this Bill, and that their march would be triumphant through the other House.

The Lord Chancellor

said, he had no disposition to oppose this Bill, especially as his noble and learned Friend the Chief Justice of England, approved of its principle. He thought, however, that it would require a considerable alteration in its details, and recommended that it should go to a Committee up stairs. If compensation were required to be given to the children of a murdered person, application must be made to the Secretary of State to suspend the execution of the murderer. He should not object to the second reading of the Bill, and recommenced that it be referred to a Committee above stairs, to see in what shape it could be put in order to fulfil the object of the noble Lord.

Lord Lyttleton

was understood to consent to this course. Bill read 2a.

House adjourned.