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HANSARD'S

PARLIAMENTARY DEBATES,

IN THE FIFTH SESSION OF THE FOURTEENTH PA R-

LIAMENT OF THE UNITED KINGDOM OF GREAT BRITAIN
AND IRELAND, APPOINTED TO MEET 11 NOVEMBER, 1841,
AND FROM THENCE CONTINUED TILL 4 FEBRUARY, 1845, IN THE
Eighth YEAR OF THE REIGN OF

HER MAJESTY QUEEN VICTORIA.

SIXTH AND LAST VOLUME OF THE SESSION.

HOUSE OF LORDS,

Railway; Middlesbro' and Redcar Railway; Cockermouth

and Workingto: kailway ; Falmouth Harbour.

34. and passeul :--Quinborowe Borough ; Leeds and Thirsk

Friday, July 4, 1345.

Railway; Great North of England and Richmond Railway;

Totnes Markets and Waterworks ; Blackburn and Pres-

MINUTES. BILLS Public.--1". Seal olice Abolition.

24. Jurors (Ireland).

ton Railway; Eastern Union Railway Amendment.

PETITIONS PRESENTED. From Landowners and others,

Reported.-Real Property Conveyance (No. 2).

3*. and passed :-Banking (Ireland) Bishops' Patronage

of St. Helen's, Lancaster, against, and from the same

(Ireland).

places, in favour of the Saint Helen's Improvement

Bill.

Private.-1*. Norwich and Brandon Railway (Diss and

Dereham Branches); London and South Western Metro-

politan Extension Railway; Glasgow Junction Railway; ANKING (IRELAND) BILL.] On

Irish Great Western Railway (Dublin to Galway).

Motion of the Earl of Ripon, Bill

24. Saint Helen's Improvement; Oxford, Worcester, and
Wolverhampton Railway; Oxford and Rugby Railway :

read 3a. An Amendment made.

Great Southern and Western Railway (Ireland) ; Dublin The Marquess of Clanricarde proposed

and Belfast Junction Railway; Cork and Bandon Rail- the insertion of a clause, as a rider, to em-

way; Great Western Railway (Ireland) (Dublin to Mul-

and Hartlepool Junction Railway; Richmond (Surrey) Dublin, to exercise equal privileges with

lingar and Athlone) ; Great North of England, Clarence power the Hibernian and Royal Bank, in

Railway : Liverpool and Manchester Railway ; Newry the other banks; which, under this Bill,

and Enniskillen Railway; Waterford and Limerick

Railway.

would have the power of issuing notes in

Reported.— Taw Vale Railway and Dock; Belfast Im- Dublin. These two banks had been going
provement ; Manchester and Birmingham Railway (Ash-
ton Branch); Ashton, Stalybridge, and Liverpool Junc-

on under the impression that these privi-
tion (Ardwick and Guide Bridge Branches) Railway; leges would some day or other be conceded
Ulster Railway Extension ; Manchester, South Junction, to them.
and Altrincham Railway: Eastern Counties Railway (Ely
and Whittlesea) Deviation ; London and Brighton Rail-

The Earl of Ripon felt it his duty to
way (Horsham Branch); Londonderry and Enniskillen oppose the clause, but he did not wish to
Railway; Chester and Birkenhead Railway Extension ;
Chelsea Improvement ; North Wales Railway; Liverpool ties had been informed, as early as the year

argue the question over again. The par-

and Bury Railway (Bolton, Wigan, and Liverpool Rail-

way and Bury Extension) ; Scottish Midland Junction I 1839, that no promise had been held out

VOL. LXXXII. Third?

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tr täen.. or errement entered into, br: the said book to the sheriff, which took tire Guverneli, tr ested to them the should be called “The Jurors' Book." Params IT DOT asazu.

This provision, he thought, was quite sufirimenima uameh. B1. passed. cient to prevent ali mistakes which might

occur in the making up of the one general RRS "TERNT.' HI: The Lord list from the serenal particular lists. NotCuer ur more i. Second Reading withstanding, however, all these precau. 01. Intrider regulations for tions in securing an accurate transcript of mon emua i serumnas tat correctess of the particular lists into the general list, tik Juris buis ninac, said that this which was afterwards to be copied into

ESTE in puranee. Every the vovk to be delivered to the sherif", it tiluf erst iti orang jur. ful., was possible that some error miglii creep in: 2. Dan selector ei jurus. must be to correct this, he proposed to enact that of ora: neres: ii erant Perror concerned the clerk of the queace should cause jury 1. inkt hit sonsue of lesince. The lists, so uliowes and signed, and the general difiche te z trwa rin it wouil. list, 1o be placeà among the records in his sat i z ier sus tride Szature of office, and allow the same to be inspected in Sa 210 17. c. 9:, tire at ali reasonable times, without fee, by tri mus* et snitt difier- art person who is the 3rd and 4:h William

din Lemn men erieret. unes 11., would be entitled to varuse the copies variisis Pius quali- of art of the just üsts veltered to the Íri ngent a nit a thuse ciers of the peace bor the time constable and ison telt ua: 230€ 2 maut, collector or mecha

Fe had also prosurrecte for the rided, that the cron Enok should be TRA IL PET 525. senec found to contain any name which should Ta a tier to make no: be contained in gry one of the jury

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Railways

{JULY 4} Coasting Trade.
notoriety in the case out of which this conduct of the sheriff. He would suggest
Bill had arisen — he meant Mr. Pierce that copies of the lists and books should be
Mahony. He thought, as far as his judg- kept in more than one place, to guard
ment went, that the provisions of the Bill against alterations being made in them.
would be effectual for the object sought; There was another point he wished to
and the only provision he suggested was advert to. He did not see why this
this : according to the present law the col- should not be made a general measure
lectors were authorized, at the public ex- for the whole Empire.
pense, to print and circulate a certain num- The Lord Chancellor considered that
ber of their lists; but this was not com- sufficient security was afforded against any
pulsory, it was only permissive. What alteration in the lists, by requiring the
Mr. Mahony required was, that the col. magistrates to sign them. With respect to
lectors should be required to print their what had been said by his noble and
liste. He (the Lord Chancellor) was ready learned Friend respecting the propriety of
to adopt that suggestion when the Bill making the measure general, le had to
went into Committee.

intimate the intention of the Government
Lord Campbell thought the Bill of his to introduce a measure for England, framed
noble and learned Friend was calculated to in a corresponding spirit.
be effectual for the purpose he desired. At

Bill read 24.
the same time, he was of opinion, that it
did not go far enough for all the purposes

RAILWAYS--COASTING TRADE.] The
that it was desirable should be effected. It | Marquess of Londonderry called the atten-
did not reach the point of law relating to tion of the Government to the danger in
the challenge of the array. Their Lord which the coasting trade of the country
ships were aware that it was a privilege was placed by the increase of railways,
given by the Common Law of England to a more particularly in the coal trade of the
party put on his trial that he might challenge north, and hoped the subject would receive
the array of the jury; but the Judges were the earnest consideration of the Govern-
of opinion that the right of challenge could ment. The noble Marquess moved for
only be exercised in the case where unin- certain Returns connected with the sub-
differency or misconduct of the sheriff ject.
could be alleged. Lord Denman, on the The Earl of Dalhousie thought the noble
contrary, was of opinion, and he (Lord Marquess had overrated the danger. The
Campbell) concurred with him, that the charge for coals per railway would be 15s.
law was different from what the majority a ton, irrespective of the charges in the
of the Judges had laid it down. It ap- port of London, while by sea it was only
peared to him (Lord Campbell) that a 7s. There appeared to be no present dan-
more general enactment was necessary to ger of railways competing with the coast-
meet this point; for there were many ing trade.
other cases in which parties might fairly Lord Hatherton thought the apprehen-
challenge the array besides those of unin- sions of the noble Marquess were not alto-
differency or misconduct on the part of the gether unfounded. In the Great North
sheriff.

of England Railway many of the directors The Lord Chancellor said, that the were coal owners, and they had made a challenge to the array could only arise contract to supply their coals from Durham where there was an error between the lists to York at three farthings a ton up to a signed by the magistrates and the Jurors' given quantity, and beyond that at a farBook; and he thought sufficient precau- thing a ton. The practical result had tion had been adopted to prevent any such been that coals had been delivered from

He was, however, willing to meet Durham to York at five-eighths of a penny any particular case in which an error per ton. He had no doubt that in time coals might have occurred, which should not would be delivered from the midland counnecessarily challenge the whole jury list for ties at all the great marts of consumption the assizes.

per railway at a halfpenny a ton per mile. Lord Campbell would strictly confine He fully agreed that the support of the himself to a challenge of the array in par- coasting trade was a great national object, ticular cases.

to which much ought to be sacrificed. Lord Denman thought it possible that Lord Ashburton said that the coasting there might be error in the lists, besides trade, which was one of the vital interests that arising from unindifferency or mis- of the country, ought not to be sacrificed

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to them, or engagement entered into, by, the said book to the sheriff, which book the Government, to extend to them the should be called “ The Jurors' Book.” privileges they now asked.

This provision, he thought, was quite suffiAmendment negatived. Bill passeil

. cient to prevent all mistakes which might

occur in the making up of the one general JURORS (IRELAND) Bill.] The Lord list from the several particular lists. NotChancellor, in moving the Second Reading withstanding, however, all these precauof the Bill for making further regulations for tions in securing an accurate transcript of more effectually securing the correctness of the particular lists into the general list, the Jurors' Books in Ireland, said that this which was afterwards to be copied into was a subject of great importance. Every- the book to be delivered to the sheriff, it thing connected with obtaining a fair, full, was possible that some error might creep in: and impartial selection of juries, must be to correct this, he proposed to enact that of great interest to every person concerned the clerk of the peace should cause jury in the due administration of justice. The lists, so allowed and signed, and the general difficulties he had to deal with he would list, to be placed among the records in his state in a few words. By the Statute of office, and allow the same to be inspected the 3rd and 4th William IV., c. 91, the at all reasonable times, without fee, by high constables and collectors in the differ- any person who, by the 3rd and 4th William ent districts in Ireland were ordered once IV., would be entitled to peruse the copies a year to prepare lists of all persons quali- of any of the jury lists delivered to the fied to serve on juries, and to send those clerk of the peace by the high constable and lists to the clerk of the peace of each county, collector or collectors. He had also prowhich lists were to be corrected by the vided, that if the Jurors' Book should be magistrates in petty sessions, and signed found to contain any name which should by them. The parties were then to make not be contained in any one of the jury out one general list from all those lists so lists, or if any name which should be conhanded in, and deliver the same to the tained in any one of such lists, should not clerk of the peace, who was to copy them appear in such book, it should be lawful into a book, and deliver that book to the for Her Majesty's Court of Queen's Bench sheriff, which was to be used by him as in Dublin, or any Judge of the said Court, the jury-book for the ensuing year.

He

upon complaint thereof made to the said proposed to repeal the latter part of this Court or Judge, to order the said sheriff'er enactment, and instead thereof to enact under-sheriff and the clerk of the peace that when such list should be duly cor- respectively, to produce the said Jurors' rected by the justices present at such spe- Book and the said jury lists to the said cial sessions, the lists should be marked in Court or Judge; and if upon inspection of their presence with the successive numbers the said book and jury lists any such error 1, 2, 3, &c., according to the number of should be found in the said Jurors Book, such lists; and when the lists, so corrected the said Court or Judge should order the and numbered, should be allowed and same to be amended, and such amnendment signed by them, the justices should cause should be forth with made and signed by the one general list to be made out therefrom, said sheriff, or under-sherifl, and clerk of containing the names of all persons whose the peace, in the presence of the said qualification should have been so allowed, Court or Judge. He thought he had arranged according to rank and property, thus sufficiently provided for insuring a which general list should be compared by correspondence between the Jurors' Book the presiding justices at such sessions with and the particular lists which were to be the lists so allowed, signed, and numbered, corrected by the magistrates, who, in corand should be corrected by such justices (if recting them, would act judicially, and necessary) by reference to such lists, and without appcal. If any suggestion could be made to correspond therewith; and the be made for giving additional security presiding justices at such sessions should against error, and of making the Jurors' sign the general list at the foot of each Book correspond with the original lists of page, and deliver the same, together with the high constables and collectors, than the lists so signed, to the clerk of the what this Bill provided, he should be glad peace, who should thereupon cause the to adopt it. He thought it proper to mensame to be copied, in the same order in tion that, since the Bill was printed, a which the names should be arranged in the communication had been made to him by general list, in a book, and should deliver a gentleman who acted a part of some

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