Lords Sitting of 31 March 1859

MINUTES.
PUBLIC BILLS.—la Patents for Inventions (Munitions of War); Common Rights, &c., (War Department).
2a Manslaughter.
3a Vexatious Indictments; Evidence by Commission.

INDICTABLE OFFENCES (METROPOLITAN DISTRICTS) BILL.

  THIRD READING PUT OFF.
  On the Order of the Day for the Third Reading of this Bill,
  LORD CAMPBELLstating that he approved generally of the provisions of this Bill said, there were some to which he excepted and requested that the hird reading be postponed.
  THE LORD CHANCELLORsaid, he had no insuperable objection to let the Bill
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  stand over, though he did not see the necessity for it. He understood one of his noble and learned Friend's objections was, that in the metropolitan police district any other than a police magistrate might under this Bill commit a prisoner for trial. Now, he believed that was a mistake. Then his noble and learned Friend objected that in the City, as the Bill stood, any Alderman sitting in his own private room might commit a prisoner for trial. But he understood that the practice in the City was, that the Lord Mayor or an Alderman sat daily at the Mansion House and at the Guildhall in public court, and that prisoners were examined and committed only by them. A third objection was, that there were some small portions of counties in the metropolitan district which were not under the jurisdiction of the police magistrates, and that the magistrates committing prisoners from these districts for trial did not sit in open court. Perhaps there might be something in this objection, but at all events the numbers of commitments were small. Out of 1,200 commitments to the Central Criminal Court in the course of a year, only ten had been committed from these districts. He hoped, therefore, his noble and learned Friend would not object to proceed with the Bill.
  LORD CAMPBELLsaid, it had been laid down by the ancient law that unless twelve fellow-citizens declared a man guilty he should not be punished. As the Bill now stood any Alderman of the City of London might be considered tantamount to twelve grand jurymen.
  Third Reading put off to Monday next.

MANSLAUGHTER BILL.

  SECOND READING.
  THE LORD CHANCELLOR, in moving the second reading of this Bill, said its object was to enable coroners to admit to bail parties against whom verdicts of manslaughter had been found; whereas at present they could only be admitted to bail by one of the Judges of the superiour courts. The law at present inflicted great hardship upon poor persons who were not able to make application to the Judges in London; and their Lordships were no doubt aware that coroner's juries often returned very extraordinary verdicts. He recollected a case in which a quantity of timber, which had been floated off a warf at Deptford by an unusally heavy flood, had upset a boat and caused some persons in it to be drowned.

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  In that case the jury actually found a verdict of manslaughter against the owners of the timber. He had received from a learned Judge now on circuit a letter in which he stated that two cases had come before him during the present assizes in which verdicts of manslaughter had been found against persons against whom the grand jury threw out the bill. The same Judge had met with another case, in which the accused, if he had been convicted, would have been sentenced to a very slight punishment, whereas he had practically been condemned to a long imprisonment by the result of the inquest.
  After a few words from Lord CAMPBELL and Lord WENSLEYDALE, expressing approval of the measure,
  Bill read 2a, and committed to a Committee of the whole House To-morrow.
  House adjourned at half-past Five o'clock, until To-morrow, half-past Ten o'clock.