Acland, T. D. Austen, Col. Baillie, Col. Williams, W. Winnington, Sir T. Yorke, H. R. TELLERS. Watson, W. H. List of the NOES. Hope, G. W. M'Neill, D. Peel, rt. hon. Sir R. Peel, J. Sutton, hon. H. M. Grogan, E. Hale, R. B. Hamilton, G. A. Hanmer, Sir J. Hayes, Sir E. Hervey, Lord A. Hodgson, F. Hope, Sir J. Young, J. Baring, II. TELLERS. may be provided for Extending Education to the Poorer Classes in Wales.-By the Earl of Devon, from Mayor, Aldermen, and Burgesses of Exeter, praying that Means may be adopted for the Employinent and Reformation of Discharged Prisoners. RAJAH OF SATTARA. LORD BEAUMONT presented a petition from the Vakeel of the Rajah of Sattara, praying for inquiry into the circumstances under which that Sovereign had been deposed and deprived of his liberty. He would not state any more on that occasion than this -that from 1818 to 1839, the Rajah was considered a loyal subject, and stricly maintained his engagements with the East India Company. Shortly after the last of these years a charge of conspiracy was brought against him by the Supreme Court of Bengal; but the accusations against him had never been proved, though he had repeatedly sought to be put on his trial with respect to them. With regard to another charge, he was treated in the same way; but instead of being allowed the trial which he courted, in order that he might prove his innocence, he was carried off in the dead of the night and committed to prison, where he was at present confined. The whole of his personal property had been since secured. He also presented another petition from a servant of the Rajah, declaring that his master had always been a loyal subject, and that he himself had been placed over a powder magazine, and imprisoned, before he consented to sign a paper, containing charges against the Rajah. The EARL of RIPON had no particular answer to the observations of the noble Lord (Beaumont), and all he could say upon the subject was, that it had been fully considered in the Session of last year. It had been maturely considered by the Governor of Bombay, and been minutely examined by the Governor General in Council, and had received every attention from the late President of the Board of Control (Sir John Cam Hobhouse), who had gone most fully into the question; and it had afterwards been most maturely discussed by the Court of Proprietors of the East India Company; in fact, this subject had been under discussion at least sixteen or seventeen times; and the original decision had in every case been confirmed. With respect to the jewels of which the noble Lord spoke, they were not the private property of the Rajah, and had been, as the property of the State, handed over to the successor of the Government, with the exception of jewels, worth about two lacs of rupees, which the Rajah had retained for his own private use. With respect to the purport of the second petition, which complained that insufficient evidence had been adduced against him, this was the first time that any such allegation had been made. He, himself, was not responsible for whatever had occurred, for the circumstances took place before he had anything to do with the office he now held, or, indeed, before the present Government came into power at all. son, from Doncaster, respecting the Reformation of Discharged Prisoners. RAILWAY LEGISLATION. MR. HUDSON* rose, pursuant to the Notice he had given, for the purpose of moving that the following Clause should be inserted in all Railway Bills of the present Session, by which new companies are to be incorporated: "And be it enacted, that the directors shall, within three months of the passing of this Act, cause the names and additions of all the several LORD BROUGHAM said, if their Lord-corporations and persons entitled to shares in the ships wished to have all the case before them, it would be necessary for them, in order to come to a right decision, to read the able and elaborate Report of Sir R. Grant, the late Governor of Bombay; from the perusal of that document he (Lord Brougham) came to the conclusion that the decision was just. company, to be entered in the Register of Shareholders,' directed to be kept by the Companies Clauses Consolidation Act, 1845;' and the said directors shall cause an extraordinary meeting of the shareholders in the company to be called within six months from the passing of this Act, for the purpose of considering and determining whe ther the company shall proceed in the execution of the powers of this Act, or whether such company shall be forthwith dissolved; and it shall be lawful for such meeting so called, at which threefifths at least of such shareholders shall be present, LORD BEAUMONT: The statement on which he laid particular stress was-with-either personally or by proxy, to determine either out saying whether the Rajah was guilty or not that it was considered he had not had a fair trial, from the manner in which it was conducted. that the company shall proceed in the execution of the powers of this Act, or that the company shall be forthwith dissolved; provided that before such meeting be called, it shall not be lawful for the company or the directors to put in force any Petition read and ordered to lie on the of the powers of this Act relative to the taking or Table. House adjourned. HOUSE OF COMMONS, Friday, May 8, 1846. MINUTES.] PUBLIC BILLS.-20. Viscount Hardinge's An- Election Notices (Ireland). using of land; and in case such meeting so called shall determine that the company be forthwith dissolved, the company shall be thereupon forthwith dissolved accordingly, except for the purpose of winding up the affairs thereof as hereinafter mentioned; and thenceforth all the powers of this Act with relation to the taking or using of land, or otherwise, shall absolutely cease and determine, anything herein contained to the contrary notwithstanding (subject, and without prejudice to all existing debts, liabilities, or agreements contract PETITIONS PRESENTED. By Mr. Forbes, from Commis-ed or entered into by the company, and subject to sioners of Supply for the County of Stirling, against the Joint Stock Banks (Scotland and Ireland) Bill.-By Mr. James, from Ratepayers of Middlesceugh, Braithwaite, and Culgaith, for Repeal or Alteration of the Lunatic Asylums and Pauper Lunatics Act.-By Mr. Acland, from Members of the Board of Guardians of Wellington Union, respecting the Examination of Overseers' Accounts.---By the provisions hereinafter contained); and the directors, after full payment and satisfaction, in the first instance, of all the debts, liabilities, and agreements contracted or entered into by the company, and of such compensation as hereby provided, shall divide the residue or surplus of the moneys and effects of or belonging to the said company, rateably among the shareholders in the said company in proportion to their respective in company shall make full compensation to all owners, lessees, and occupiers of land and others, in the same manner as is herein provided in cases of compensation for land required for the purposes of this Act, for all loss, damage, cost, charges, and expenses which they may respectively have sustained or been put unto in consequence of the proceedings of the company in obtaining this Act, or under any of the powers thereof; the amount to be ascertained, in case of dispute, by the verdict Sir John Rae Reid, from Officers connected with the Administration of the Poor Laws, in the Dover Union, for a Superannuation Fund to Poor Law Officers.-By Mr. James, and Captain Pechell, from Greenwich and Bright-terests therein; provided, nevertheless, that the helmstone, for Alteration of the Poor Removal Bill.From Mayor, Aldermen, and Councilmen of the Borough of Newport, in favour of the Salmon Fisheries Bill.-By Mr. Home Drummond, from several places, against the Turnpike Roads (Scotland) Bill. - By Mr. Christie, from Mary Anne Tyler, of Wymswold, for Inquiry. By Vis count Villiers, from Guardians of the Poor of the Banbury Union, for the Adoption of a Measure making Vaccination compulsory.-By several hon. Members, from various places, complaining of Refusal to grant Sites for Churches to the Free Church of Scotland.-By several hon. Members, from various places, for Better Observance of the Lord's Day.-By several hon. Members, from a number of places, against the Union of St. Asaph and Bangor Dioceses. By Mr. Hawes, from several Building Societies, for Alteration of Benefit Building Societies Act. By Mr. Bankes, and Mr. Fuller, from Guardians of Wimborne, Cranborne, and Newhaven Unions, for rating Owners in lieu of Occupiers of Tenements.-By Mr. Beckett Deni By error this Speech and Motion of Mr. Hndson was inserted in the report of April 30 (vol. XXXV. p. 1326), instead of a short speech on the subject of RAILWAY LABOURERS," which will be found in the Appendix at the end of the present Volume, of a jury, or by reference to arbitration, as herein | nies unable to meet their pecuniary engagements,' provided in other cases of disputed compensation; in the case of any of the acts of bankruptcy and all corporations and persons to or with whom therein mentioned, being committed by the comsuch debts, liabilities, or agreements shall have panies therein referred to: provided that notice been contracted, or entered into, or who shall be shall be given by the directors, or such committee entitled to any such compensation as aforesaid, as aforesaid, if appointed, of the determination of shall, notwithstanding the determination of such such meeting of shareholders, to be called as aforemeeting, have such and the same rights and reme- said, with reference to the proceeding in the exedies against the said company for the recovery and cution of the powers of this Act, or the dissoluenforcement thereof respectively, as they would tion of the company, in the London Gazette, and have had if no such meeting had taken place, and in one or more newspapers of each county in as if the company had continued to exist: And be which the lands proposed to be affected by this it further enacted, that if the directors shall not Act shall lie, within fourteen days from the holdwithin four months from the passing of this Acting of such meeting: and at any such meeting to cause due notice of such extraordinary meeting to be held as aforesaid, the voting shall take place in be given, it shall be lawful for any six or more of the manner prescribed in the Companies Clauses the persons entitled to shares in the said under- Consolidation Act, 1845,' with reference to meettaking, holding in the whole shares or stock to the ings of shareholders therein referred to." amount of at least 5,000l. to call such meeting by In moving the adoption of that clause, the notice, signed by such shareholders, and published hon. Gentleman said that at the time he in the manner required by this Act with regard to extraordinary meetings of the company; and the had first given notice of it, he was not proceedings of the meeting so called by such aware of the intentions of the Government shareholders, at which three-fifths at least of the with regard to the steps that had since shareholders shall be present either personally or been adopted by them in reference to the by proxy, shall be as valid, and shall have the seme force and effect, as if such meeting had been winding up of railway companies; but duly called by the directors; and for the purpose upon a careful consideration of the Resoluof winding up the affairs of the said company, in tions adopted by the House, he was still case such meeting shall determine on the dissolu- of opinion that the clause he then proposed tion thereof, it shall be lawful for such meeting to appoint a committee, consisting of such number of was wanting. He must observe that bepersons as they shall think fit, being shareholders fore the deed could have effect, it should in the company; and the directors shall forthwith be signed by shareholders for the full transfer to such committee all documents, books, amount of the estimated capital, so that it papers, and accounts of or belonging to the comwas even still in the power of the directors pany, and shall also transfer to such committee all moneys, securities for moneys, and other ef- of any company to avoid putting the Act fects and property of, or belonging to the com- in force after it should have been obtained, pany; and such committee, or the survivors or by not allowing it to be completed. survivor thereof, shall forthwith proceed to wind the effect of his clause would be to compel up the affairs of the company, and shall, in the the completion of the registration of shareas shall not consist of money, and pay and dis. holders, and thereby give to those parties charge all the debts, contracts, and liabilities of who had signed the deed an opportunity of the company, and subject thereto, and to the ne- getting rid, if they should so think fit, cessary expenses of such committee in the execu- of the liabilities to which they had theretion of their powers, the surplus of the said moneys shall be forthwith divided by such comby subjected themselves. The Resolutions mittce rateably amongst the shareholders in the passed by the House already had not procompany in proportion to their respective interests vided for the class to which he referred. therein; and in the event of the directors refusing They had merely provided power for the or neglecting to transfer to any such committee scripholders to meet and decide whether the documents, books, papers, and accounts, moneys, and other property and effects of the they would or would not proceed with the company, within ten days after demand, in writ- undertaking. But the House should recoling, signed by such committee, or the survivors lect that the scripholders might pass resoor survivor of them, and delivered to any one of lutions empowering the directors to proceed, such directors, or left at his last or usual place of whilst, as the law stood, the purchasers of abode, it shall be lawful for such committee, or the survivors or survivor of them, to pass a reso- scrip were not compelled to register it; and lution that such company is desirous to wind the original subscribers to the deed, howup its affairs; and upon a copy of such resolution, ever unwilling they might have been to go signed by any one or more of such committee, on with the undertaking, would remain being filed in the office of the Lord Chancellor's Secretary of Bankrupts, every such company shall liable, and might be called on to raise the be deemed to have committed an act of bankruptcy money to complete the work when it would at the time of filing the copy of such resolution, have been found to be an utterly unprofitand thereupon such proceedings shall be had and able speculation. Some such clause as taken for the purpose of winding up the affairs of that he then proposed was absolutely the said company as are directed in and by an Act passed in the eighth year of the reign of Her wanting, no remedy whatsoever having present Majesty, intituled, An Act for facilitating been otherwise provided for the signers of the winding up the affairs of Joint Stock Compa- the deed; and his object was to give to the first place, convert into money such of the effects But bona fide subscribers an opportunity of reconsidering their condition, and not only of reviewing their position, but of winding up the concern if they should think fit. A strong case in point, showing the necessity for such a power, occurred in the year 1836, when a great number of Bills for the formation of joint-stock companies were passed. The subscribers to the deeds sold their scrip; and after a lapse of two or three years, and long after they had thought themselves quite rid of their liabilities, they were called upon in the year 1839 to pay up demands of 301. and 401. a share, by which numbers were totally ruined. SIR G. CLERK would confine his objections to the point of form. The hon. Member called this a clause; but in point of fact it was a new system of railway legislation, and it was quite impossible that this clause could be inserted in every Bill. He thought that the better course for the hon. Member would be to wait until the Bill which had been introduced into the other House by Lord Dalhousie should come down to the Commons; and he could then propose such amendments as he thought fit, or introduce another Bill, if he thought it necessary. sented 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 17. 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 MR. LABOUCHERE thought the pro-wished to call the right hon. Baronet's atceedings of the hon. Member altogether unprecedented. It was attempting to do that by a clause which ought to be done by a Bill, if it were to be done at all. He would recommend the hon. Member to withdraw the Motion. MR. HUDSON thanked the right hon. Baronet (Sir G. Clerk), and the right hon. Gentleman (Mr. Labouchere) for their suggestions, and withdrew his Motion accordingly. His sole object was to relieve the subscribers to the contract deed from their liabilities, and to prevent a recurrence of the calamities and distress which he had seen in the years 1836, 1838, and 1839, consequent upon the want of some such provision. However, he was glad that Her Majesty's Government appeared to feel the importance of the matter, and he should be happy to hand the further proceedings in it over to Her Majesty's Solicitor General, whom he rejoiced to see in his place. Motion by leave withdrawn. LOUGHBOROUGH PETTY SESSIONS. tention 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, keelman, 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 magis trates 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 MR. CHRISTIE wished to call the at-household servants. The girl, on being te tion of the right hon. Home Secretary to the representations contained in the petition of Mary Anne Tyler, which he pre 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 CORN IMPORTATION BILL. The Corn Importation Bill was reported. On the Question that the Amendments made by the Committee be now read a Second Time, 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 Barrowon-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 referrod 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 cir cumstances. VOL. LXXXVI. Third Series SIR C. BURRELL said, that as he had, by severe indisposition, been prevented from expressing his opinion on the Corn Law Bill in its earlier stages, he trusted the House would bear with him whilst he briefly stated his objections to it, and his reasons for moving that the Report be taken into further consideration that day six months. He opposed the measure, because he believed its adoption would interfere with the profits of labourers of all classes, whether agricultural or manufacturing. It had been said by the right hon. Baronet at the head of Her Majesty's Government, during the progress of the debate, that the prices of labour would not be affected by the admission of foreign corn; but long experience and observation as a landholder proved to him that this was erroneous, for whenever the price of wheat and other farm produce was low, the want of fair profit for capital, industry, and skill to the farmer, created a necessity for not only reducing the wages of his labourers, but, what was a more serious evil, reducing their number, and this particularly in the winter months. There was an old saying, that "it is wise to let well alone;" and he asked whether the condition of the country had not been prosperous, before this unexpected change in the opinions and conduct of Her Majesty's Ministers with respect to that protection to agriculture which had been deemed necessary by the wisdom of preceding statesmen, from the time of Edward III. up to the present period? He denied that the partial loss of the potato crop in Ireland offered any sound ground for applying as the remedy, a general and permanent alteration of the Corn Laws to meet a partial and by no means a general evil; and much less was there any justification for the cry of famine, when it was well known that Ireland never had so prosperous a harvest of every description, with the exception of a partial failure of the potatoes in some parts of that country; while in a great proportion good crops of sound potatoes had been grown, as he had been well assured by correspondents and persons well acquainted with the facts. He must say, that if just grounds existed for the fear of a scarcity of food from the partial failure alluded to, the opening of the ports of that I |