Lords Sitting of 12 June 1873

MINUTES.
Sat First in Parliament—The Lord Brancepeth, after the death of his father.
PUBLIC BILLS—First Reading—Admission to Benefices and Churchwardenships, &c.* (153); Local Government Provisional Orders (No. 5)* (154).
Second Reading—Game Birds (Ireland) (127).
Second Reading—Committee negatived—Juries (Ireland)* (150).
Select Committee—Colonial Church* (118), nominated.
Committee—Report—Customs Duties (Isle of Man)* (116); Registration (Ireland)* (138).
Third Reading—Gas and Water Provisional Orders Confirmation (No. 2)* (125); Matrimonial Causes Acts Amendment* (105), and passed.

PRIVATE BILLS.
So much of the Standing Order of the 15th day of March 1859 which requires "that the Examiner shall give at least two clear days notice of the day on which any Bill shall be examined," and also section 9. of Standing, Order No. 178, considered (according to order), and dispensed with for the remainder of the Session.
GAME BIRDS (IRELAND) BILL. (No. 127).
(The Viscount Powerscourt.)

SECOND READING.
Order of the Day for the Second Reading, read.
VISCOUNT POWERSCOURT,in moving that the Bill be now read the second time, said, that the difference which at present existed between the law of England and Scotland and that of Ireland in respect of the commencement of the shooting season for different species of game birds enabled the dealers of the former countries to bring game into the Irish markets earlier than the Irish dealers could lawfully do so; and besides the hardship thus inflicted direct encouragement was given to poachers to pursue their unlawful calling. The present Bill was introduced with the view of putting an end to this state of things. Under the Act of the old Irish Parliament—the 37 Geo. III. c. 21, the open season for moor-game, heath-game, and grouse commenced on the 20th August—the Bill proposed that in future it should commence on the 12th August; the commencement of the open season for partridge, landrail, and quail would in like manner be altered from the 20th September to the 10th September.
Moved, "That the Bill be now read 2a."—(The Viscount Powerscourt.)
Motion agreed to; Bill read 2a accordingly, and committed to a Committee of the Whole House To-morrow.

MOTION FOR AN ADDRESS.
LORD BUCKHURSTmoved that an humble Address be presented to Her Majesty for—
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"Return of the number of Medical Officers of the Army who volunteered and served on the West Coast of Africa between the years 1859 and 1867 under the Royal Warrant dated lot of October 1858; and also moved for, Copy of the said Warrant which relates to medical service on the West Coast of Africa."
The noble Earl was understood to say that under this Warrant several officers had served on the West Coast of Africa in the belief that one year's service would count as equal to two years' service in Europe, and that they would be also under the passport system. These medical officers had volunteered and served under these conditions, which, as he was given to understand, had not been carried out. There were only very few of those medical officers living—he believed that only about 30 of them survived. He hoped that the information on the point which he desired would be forthcoming.
THE MARQUESS OF LANSDOWNEthought that the noble Earl was labouring under a misconception with regard to the terms upon which the officers referred to had gone to the West Coast of Africa. There was no intention to withhold the information asked for, but he suggested that the medical regulations of 1859, upon which the whole question hinged, should be included in the Motion. There was a House of Commons Paper in existence which contained the names of all officers to whom the noble Earl had referred. It would be well to include that Paper also in the Return.
EARL STANHOPEsuggested the addition of a Return of the names of medical officers serving on the West Coast of Africa who had died during the above period.
LORD BUCKHURSTagreed to the suggestions made.
Motion amended, and agreed to.
Address for—
Copies of that portion or portions of the Royal Warrant of the 1st day of October 1858, regulating the grades of Medical Officers in the Army;
Of Section 5. of the Medical Regulations of 1859;
Of Articles 296, 297, and 298 of the Royal Warrant of the 3d day of February 1866, regulating the Medical Service on the West Coast of Africa;
Of Clauses 15, 16, and 17 of the Royal Warrant of the 1st day of April 1867 for the Medical Department:
Returns of the Names of the Medical Officers who served on the West Coast of Africa between

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the 1st day of April 1856 and the 1st day of April 1867, with the dates of their promotions, and their length of service on the coast; and
Of the Names of the Medical Officers serving on the West Coast of Africa who died during the above period.—(The Lord Buckhurst.)

RAILWAY CASUALTIES.

  MOTION FOR RETURNS.
  LORD BUCKHURSTsaid, he had to remind their Lordships that he had on several previous occasions drawn their Lordships' attention to the question of Railway Accidents and the destruction of life resulting therefrom. He had again to trouble their Lordships on the subject. He would at present confine himself to the question of accidents to persons employed by Railway Companies. He found by Captain Tyler's Report for 1872 that 347 persons so employed had been killed during the past year, and 365 had been seriously injured. He believed that these included persons who were not exactly in the employment of Railway Companies, but who were relatives or friends of persons so employed; so that some deduction should be made from the total number. He believed that most of those accidents were caused by carelessness on the part of the men themselves, and by defective machinery and arrangements. An Act had been passed obliging Railway Companies to send in a return to the proper Government authorities; but he much feared that that law was not very strictly observed. He understood it had been laid down as law that a railway servant could not claim compensation for an injury which had been occasioned by the negligence of another railway servant, and that the relatives of a railway servant who had been killed under similar circumstances could not obtain compensation from the Company. Surely, if this was the case, it was a defect in the law which should be remedied. Instead, however, of an alteration in the law, he should like to leave the Railway Companies to take the matter in hand, and provide a system of compensation for the benefit of the survivors of those killed in their service. It appeared from statistics which had been criticized in the newspapers that a large number of railway servants had been killed from time to time, and that their survivors had received nothing in the shape of compensation. He had been told that on
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  the Great Northern Railway alone, within a radius of 60 miles, 60 children had been made orphans since the 1st of January. These were the children of persons who had been in the service of the Railway Company; and in every case, as he was informed, compensation was refused. The want of a sufficient number of hands might also account for many of these accidents. It was well-known that on more than one railway the men had to be on duty for too many hours at a spell. He had been told that there were pointsmen on the Great Northern line who had to work 84 hours a-week, and that some of them had not had a holiday for 18 months.
  Moved, That there be laid before the House—
  "Return of the number of persons in the service of each railway company in the United Kingdom who had been killed or seriously injured in the discharge of their duties from the 1st of January, 1872, to the 1st of June, 1873, and of the amount of compensation given by the Company in each case."—(The Lord Buckhurst.)
  EARL COWPERsaid, that the Act which required the Railway Companies to furnish Returns of the numbers of persons in their service to whom accidents might occur each year was passed only in 1871, and that 1872 was the first year for which a complete Return could be made out. The Returns for 1872 were all, therefore, that could be produced. These were in the hands of the printer, and would be laid before Parliament, he hoped, in a few days; therefore all he could promise the noble Earl at present was Returns up to December, 1872. The noble Earl would have to wait till 1873 for the whole of the Returns asked for.
  Motion amended, and agreed to.
  Ordered, that there be laid before the House—
  Return of the number of persons in the service of each railway company in the United Kingdom who have been killed or seriously injured in the discharge of their duties from the 1st of January 1872 to the 31st of December 1872; and of the amount of compensation given by the company in each case.—(The Lord Buckhurst.)

  INDIA—BANDA AND KIRWEE PRIZE MONEY.—QUESTION.
  LORD CAIRNSasked the Secretary of State for India, When the final

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  accounts of the Banda and Kirwee Booty can be presented to Parliament; and, whether Her Majesty has been, or will be, advised to take the necessary steps for referring any of the claims of General Whitlock's prize agents to the judgment of the High Court of Admiralty, under the Act 3rd and 9th Vic., c. 65?
  VISCOUNT HALIFAXsaid, that the noble Duke the Secretary of State for India had requested him to state, in reply to the noble and learned Lord's Question, that he was not able to answer the first Question, as the information had not been received from India which was necessary to enable him to do so, and that there was no intention on the part of the Government to open up the subject to which the noble and learned Lord's second inquiry referred.
  THE EARL OF LONGFORDsaid, that the troops concerned in this booty were not satisfied with the mode in which their claims had been treated by the Government Departments; they asserted, and maintained the assertion, that they had not received the booty granted to them by the Crown, part of it having been withheld by the Ministers of the Crown; they maintained that their dispute ought to be referred for the decision of a judicial tribunal, and they were not satisfied that their claim should be overborne by the arbitrary action of the Government.

  ADMISSION TO BENEFICES AND CHURCHWARDENSHIPS, &C. BILL [H.L.]
  A Bill to facilitate admission to certain offices in the Church of England, and to give further powers to the Ecclesiastical Commissioners with relation to the salaries of Archdeacons—Was presented by The Lord Archbishop of YORK; read la. (No. 153.)

  LOCAL GOVERNMENT PROVISIONAL ORDERS (NO. 5) BILL [H.L.]
  A Bill to confirm certain Provisional Orders of the Local Government Board relating to the districts of Baldersby, Bristol, Buxton, Dawlish, Nelson, and Wellington in the county of Somerset—Was presented by The Marquess of LANSDOWNE; read la. (No. 154.)
  House adjourned at Six o'clock, till To-morrow, Eleven o'clock