Deodands Act 1846
Encyclopedia
The Deodands Act 1846 was an Act of Parliament
of the Parliament of the United Kingdom
, that abolished the ancient remedy of deodand
s.
of England and Wales, the death of a person causes purely emotional and pure economic loss to their relatives. In general, damages cannot be recovered for either type of damage, only for physical damage to the claimant or their property, and families of fatal accident victims had no claim. This was the rule declared by the court in Baker v. Bolton (1808).
As a result, coroner
s' juries started to award deodands as a way of penalising the railways. The railway accident at Sonning Cutting
(1841) was particularly notorious. This alerted legislators, in particular Lord Campbell
and the Select Committee on Railway Labourers (1846). In the face of railway opposition, Campbell introduced a bill in 1845 that would lead to the Fatal Accidents Act 1846, Lord Campbell's Act, along with a bill to abolish deodands. The latter proposal, which became law as the Deodands Act 1846, to some extent mitigated railway hostility.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same,
1.Deodands and forfeitures of chattels moving to or causing death abolished from and after 1 September 1846
[T]hat from and after the first day of September one thousand eight hundred and forty six there shall be no forfeiture of any chattel for or in respect of the same having moved to or caused the death of man; and no coroner’s jury sworn to inquire, upon the sight of any dead body, how the deceased came by his death, shall find any forfeiture of any chattel which may have moved to or caused the death of the deceased, or any deodand whatsoever; and it shall not be necessary in any indictment or inquisition for homicide to allege the value of the instrument which caused the death of the deceased, or to allege that the same was of no value"
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, that abolished the ancient remedy of deodand
Deodand
Deodand is a thing forfeited or given to God, specifically, in law, an object or instrument which becomes forfeit because it has caused a person's death....
s.
Background
By the early nineteenth century, the ancient remedy of dedands had largely fallen into desuetude. However, during the 1830s the rapid development of the railways led to increasing public hostility to the epidemic of railway deaths and the indifferent attitudes of the railway companies. Under the common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of England and Wales, the death of a person causes purely emotional and pure economic loss to their relatives. In general, damages cannot be recovered for either type of damage, only for physical damage to the claimant or their property, and families of fatal accident victims had no claim. This was the rule declared by the court in Baker v. Bolton (1808).
As a result, coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
s' juries started to award deodands as a way of penalising the railways. The railway accident at Sonning Cutting
Railway accident at Sonning Cutting
The Sonning Cutting railway accident occurred during the early hours of 24 December 1841 in the Sonning Cutting through Sonning Hill, near Reading, Berkshire. A Great Western Railway luggage train travelling from London Paddington to Bristol Temple Meads station entered Sonning Cutting...
(1841) was particularly notorious. This alerted legislators, in particular Lord Campbell
John Campbell, 1st Baron Campbell
John Campbell, 1st Baron Campbell PC, KC was a British Liberal politician, lawyer, and man of letters.-Background and education:...
and the Select Committee on Railway Labourers (1846). In the face of railway opposition, Campbell introduced a bill in 1845 that would lead to the Fatal Accidents Act 1846, Lord Campbell's Act, along with a bill to abolish deodands. The latter proposal, which became law as the Deodands Act 1846, to some extent mitigated railway hostility.
Repeal
"Whereas the law respecting the forfeiture of chattels which have moved to or caused the death of man, and respecting deodands, is unreasonable and inconvenient:Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same,
1.Deodands and forfeitures of chattels moving to or causing death abolished from and after 1 September 1846
[T]hat from and after the first day of September one thousand eight hundred and forty six there shall be no forfeiture of any chattel for or in respect of the same having moved to or caused the death of man; and no coroner’s jury sworn to inquire, upon the sight of any dead body, how the deceased came by his death, shall find any forfeiture of any chattel which may have moved to or caused the death of the deceased, or any deodand whatsoever; and it shall not be necessary in any indictment or inquisition for homicide to allege the value of the instrument which caused the death of the deceased, or to allege that the same was of no value"