House of Commons Journal Volume 85: 20 July 1830

Martis, 20 die Julii;Anno 1° Willielmi IV ti Regis, 1830.

PRAYERS.

Report of Courts of Justice (Ireland), presented.

THE House being informed that Mr. Johnson, from the Office of the Chief Secretary for Ireland, attended at the door, he was called in; and at the bar presented to the House, pursuant to their Order,-A Copy of the Report of the Commissioners of Inquiry into the Courts of Justice in Ireland (ordered by the Marquis Wellesley, Viceroy of Ireland), on the conduct of James Crosbie, Esquire, a Governor and Custos Rotulorum, of the County of Kerry, in reference to some money transactions with Mr. James Kelly, and the proceedings of the Sheriff of the said County, for the recovery of a debt due by the said James Crosbie, as presented to the Irish Government by the said Commissioners:-And then he withdrew.

Ordered, That the said Report do lie upon the Table.

Russell's Estate Bill, reported, with an Amendment.

Mr. Alderman Wood reported from the Committee, on the ingrossed Bill from the Lords, intituled, An Act to effect an Exchange of part of the Estates in the County of Durham, devised by the Will and Codicil of William Russell, Esquire, deceased, for part of the Estates comprised in the Settlement made in pursuance of the Articles upon the Marriage of the Most honourable Charles William Vane, Marquess of Londonderry, with the Most honorable Frances Anne Vane, Marchioness of Londonderry; That they had examined the allegations of the Bill, and found the same to be true; and that the parties concerned had given their consent to the Bill to the satisfaction of the Committee; and that they had gone through the Bill, and had made an Amendment thereunto; and the Amendment was read, and is as followeth;

Pr. 91. l. ult. after "accordingly" insert "Provided always, That the charge in exoneration and by way of indemnity as aforesaid hereinbefore made upon such of the hereditaments comprised in the said term of one thousand five hundred years as are not comprised in the said second Schedule to this Act, and upon the hereditaments comprised in the said first Schedule to this Act, and the powers hereinbefore given for raising money by or out of the same hereditaments respectively as aforesaid, shall or may respectively be overreached by the exercise of any of the powers of leasing and of sale and exchange, and other powers contained in the said Indenture of Settlement of the eighth day of June one thousand eight hundred and twenty-two, in such and the same manner as if the said charge and powers hereinbefore respectively contained had respectively been contained in the said Indenture of Settlement of the eighth day of June one thousand eight hundred and twenty-two, and had thereby been made subject to the said powers of leasing, selling and exchanging, and other powers contained in the same Indenture of Settlement, and such last-mentioned powers shall and may take effect and be exercised accordingly."

The said Amendment, being read a second time, was agreed to by the House:-And the Bill was read the third time.

Resolved, That the Bill, with the Amendment, do pass.

Ordered, That Mr. Alderman Wood do carry the Bill to the Lords; and acquaint them, that this House hath agreed to the same, with an Amendment; to which Amendment this House doth desire the concurrence of their Lordships.

Return respecting Civil Departments, ordered.

Ordered, That there be laid before this House, a Return of the Names and Offices of all Persons (in the sixty-nine Offices returned in Parliamentary Paper, N° 480, of 1830) who were employed in the respective Civil Departments of the United Kingdom in the year 1792, whose Salary and Emoluments exceeded £.250 per annum.

Petition against Renewal of East India Charter.

A Petition of Inhabitants of London and Westminster, was presented, and read; praying the House to take such measures as to them may seem meet for securing to the nation at large that freedom of settlement in the British possessions in the East, that freedom of trade with China, and the other parts of the eastern world not subject to our dominion, and that protection of person and property from all arbitrary rules and restrictions, which they value as the most important birth-right of every subject of the British Crown.

Ordered, That the said Petition do lie upon the Table; and be printed.

Abstract Account of Shipping, ordered.

Ordered, That there be laid before this House, an Abstract Account of the Shipping employed from 1821 to 1829, both inclusive, with averages, classifying the Countries.

Petition against Friendly Society Act.

A Petition of George Glenny, Actuary, was presented, and read; praying the House to repeal so much of the last Friendly Society Act as shall affect the rules, regulations, engagements or privileges of any Society which shall have been duly enrolled, until such Societies shall, of their own accord, for the sake of the privileges of the last Act, enrol under the same.

Ordered, That the said Petition do lie upon the Table.

Abstract Account of Shipping, presented. No. 678.

Mr. Courtenay presented to the House, pursuant to their Order,-An Abstract Account of the Shipping employed from 1821 to 1829, both inclusive, with averages, classifying the Countries.

Ordered, That the said Account do lie upon the Table; and be printed.

Returns, &c. ordered:

Ordered, That there be laid before this House, Returns from the Clerks of each of the following Trusts:

Turnpike Road Trusts.

Of the several Turnpike Trusts between the town of Warrington, in the county of Lancaster, and the city of Carlisle; and between Carlisle and Glasgow, and Carlisle and Edinburgh by Selkirk:-of the several Turnpike Trusts between Newcastle-upon-Tyne, through Jedburgh, to Lauder:-of the several Turnpike Trusts between Morpeth, through Coldstream, to Edinburgh:-of the several Turnpike Trusts on the Mail-coach Road from London to Manchester and Preston, and from Preston to Liverpool; containing Answers to the following Queries:

1. The annual income of the Trust, taking the average of the last five years; distinguishing the amount arising from toll, the amount arising from composition for statute labour, and the amount from other miscellaneous sources of income.-2. The amount of debt for money borrowed, with which the Trust is chargeable.-3. The length of Road, according to the last measurement, under the charge of the Trust; distinguishing the length of main Road from the lateral branches.-4. The annual charge for repairs, upon the average of the last five years.- 5. The amount which has been expended during the last seven years for improvements different from ordinary repairs.-6. A statement of the nature of the improvements (if any) now in progress, or proposed to be carried into effect, and their probable expense.-7. Whether the tolls are collected by the Trustees on their own account, or leased by public auction or tender.-8. Whether stagecoaches pay toll on every time of passing the toll-gates.- 9. A scale of the rates of tolls levied.

Turnpike Road Plans, &c.

Ordered, That there be laid before this House a Copy of the Instructions transmitted by His Majesty's Postmaster General to Mr. Telford, dated the 1st October 1824, directing him to survey the Road to the North of Grantham, for the purpose of avoiding Gunerby Hill, in the county of Lincoln; together with a Copy of all Reports, Surveys and Estimates made by Mr. Telford, in obedience to such Instructions; and Copies of all Communications made by the Treasury or the Post Office of such Reports and Surveys to the Trustees of the said Road; with Copies of all Proceedings had by the said Trustees thereon.

Ordered, That there be laid before this House, a Copy of the Plan and Section of the Road across Gunerby Hill, in the county of Lincoln; distinguishing the condition thereof previous and subsequent to the late alterations thereat; with an account of the Expense of executing the same; and a Copy of all Proceedings of the Trustees of the said Road connected with such alterations.

Ordered, That there be laid before this House, a similar Plan, Section and Return in regard to the Road immediately to the south of Grantham.

Ordered, That there be laid before this House, a similar Plan, Section and Return of the Road to the North of Went Bridge, in the Doncaster and Tadcaster Turnpike Trust.

Ordered, That there be laid before this House, a similar Plan, Section and Return in regard to the former condition, and of all alterations made within the last six years, or which are now in the progress of execution on the Roads between Hatfield and Stevenage; with an account of the actual or estimated Expense thereof; with a Copy of the Plan, Section and Estimate of any other proposed alterations on the said Roads, which have been under the consideration of the Trustees of the said Roads, and not adopted, with a Copy of the Proceedings of the said Trustees relating thereto; with the Names of the several Engineers by whom such improvements were suggested.

Reports to be printed. No. 679.

Ordered, That the Reports respecting Gaols in Scotland, which were presented to the House upon the 15th day of June last, be printed.

Petitions for abolishing Slavery.

A Petition of Thomas Edwards;-of Members of the Congregation of Independent Dissenters in Stroud, and of other Inhabitants of that town;-of the Minister and Members of the Congregation of Protestant Dissenters assembling in the Independent Chapel, Blackburn;-of Graduate and Undergraduate Members of the university of Oxford;-of Inhabitants of Frome Selwood;-and, of Members of the Congregation of Independent Protestant Dissenters assembling for divine worship at Salem Chapel in Leeds,-were presented, and read; praying the House to adopt forthwith such decisive measures as shall deprive the slave-holder of his power over the person of the slave, and terminate, as speedily as possible, the system of slavery in every part of His Majesty's dominions.

And the said Petitions were ordered to lie upon the Table; and, except the first, to be printed.

Address for Account of Committals.

Resolved, That an humble Address be presented to His Majesty, that He will be graciously pleased to give directions, that there be laid before this House, an Account of the number of persons committed to the several Bridewells, Houses of Correction, and other Prisons, under summary process, in each County of England and Wales, in each of the sixteen years from 1814 to 1829, as far as the same can be made out.

Ordered, That the said Address be presented to His Majesty by such Members of this House as are of His Majesty's most honourable Privy Council.

Petition against Oaths.

A Petition of Christian People resident in Belfast and Newry, was presented, and read; complaining of the grievances under which they lie in the matter of Oaths; and setting forth, That the Petitioners, however, are at liberty in their consciences to confirm, on any suitable occasion, by any simple Affirmation the most solemn, their testimony of facts, or their acknowledgment of duty, and their declaration of serious purpose, to act accordingly, through the help of God; and inasmuch as the Legislature has heretofore admitted an Affirmation in place of an Oath in the case of two other classes of religious professors (the people called Quakers and Moravians) they, with all humility, pray to be favoured with a similar indulgence.

Ordered, That the said Petition do lie upon the Table.

The Lords have agreed to

A Message from the Lords, by Sir Giffin Wilson and Mr. Henley Eden:

Mr. Speaker,

The Lords have agreed to the several Bills following, without any Amendment; viz.

Consolidated Fund (£.1,500,000.) Bill.

A Bill, intituled, An Act to apply the sum of One million five hundred thousand pounds out of the Consolidated Fund to the service of the year One thousand eight hundred and thirty, and to appropriate the Supplies granted in this Session of Parliament:

Registrar at Madras Bill.

A Bill, intituled, An Act for the Relief of the Sufferers by the Insolvency of Gilbert Ricketts, Esquire, formerly Registrar of the Supreme Court of Judicature at Madras: -And then the Messengers withdrew.

Amendments to Forgeries Punishment Bill, agreed to.

Ordered, That the Amendments made by the Lords to the Bill, intituled, An Act for reducing into one Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery, be now taken into consideration:-The House accordingly proceeded to take the said Amendments into consideration; and the same were read; and are as followeth;

Pr. 4. 1. ult. Leave out from "mentioned" to "And" in line 1 of Clause (A.) added to the Bill in pr. 6. 1. 29.

In Clause (A.) added to the Bill,

Pr. 1. 1. 21. After "Bill" insert "or any will, testament, codicil, or testamentary writing."

Pr. 1. 1. 35. Leave out from "shall" to the end of the Clause, and insert "suffer death as a felon."

In Clause (B.) added to the Bill,

Pr. 1. 1. 12. After "law" insert "a will, testament, codicil or testamentary writing or."

Pr. 1. 1. 31. Leave out from "and" to the end of the Clause, and insert "punished with death accordingly."

Pr. 7. 1. 26. Leave out the interlineation to the Bill, and insert "suffer death as a felon."

Pr. 8. 1. 29. Leave out the interlineation to the Bill, and insert "suffer death as a felon."

Pr. 26. 1. 6. Leave out the interlineation to the Bill.

Pr. 41. 1. 9. Leave out "present," and in the same line, after "reign," insert "of his late Majesty King George the Fourth."

Pr. 41. 1. 36. Leave out "last" and insert "twentieth."

Pr. 41. 1. 37. Leave out "June" interlined, and insert "July."

Pr. 42. 1. 6. Leave out "last" and insert "twentieth," and, in the same line, leave out "June" interlined, and insert "July."

Pr. 42. 1. 11. Leave out "last" and insert "twentieth."

Pr. 42. 1. 12. Leave out "June" interlined, and insert "July."

Pr. 42. 1. penult. After "the" insert "twenty."

And a Motion being made, and the Question being proposed, That the Amendments be now read a second time;

The Amendments following were proposed to be made to the Question; viz. To leave out the word "now," and, at the end of the Question, to add the words "upon this day fortnight."

And the Question being put, That the word "now" stand part of the Question;

So it was resolved in the Affirmative. Then the main Question being put; Ordered, That the Amendments be now read a second time. The first Amendment, in pr. 4. 1. ult. which was, "leave out from 'mentioned' to 'And' in line 1, of Clause (A.) added to the Bill in pr. 6. line 29," being accordingly read a second time; And a Motion being made, and the Question being put, That this House doth agree to the said Amendment;

So it was resolved in the Affirmative.

Then the subsequent Amendments, being read a second time, were agreed to by the House.

Ordered, That Sir Alexander Grant do carry the Bill to the Lords; and acquaint them, that this House hath agreed to the Amendments made by their Lordships.

The Lords have agreed to

A Message from the Lords, by Sir Giffin Wilson and Mr. Henley Eden:

Mr. Speaker,

Court of Session (Scotland) Bill, with Amendments.

The Lords have agreed to the Bill, intituled, An Act for uniting the benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other alterations and reductions in the Judicial Establishments of Scotland, with some Amendments; to which Amendments the Lords desire the concurrence of this House: And also,

Address relating to Sir Jonah Barrington.

The Lords have commanded us to acquaint this House, That the Lords have agreed to the Address of this House to His Majesty, communicated to their Lordships at a Conference on the 25th day of May last, and have filled up the blank with "Lords Spiritual and Temporal, and:"- And then the Messengers withdrew.

Amendments to Court of Session (Scotland) Bill, agreed to.

The House proceeded to take into consideration the Amendments made by the Lords to the Bill, intituled, An Act for uniting the benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other alterations and reductions in the Judicial Establishments of Scotland; and the same were read, and are as followeth;

Pr. 1. 1. 3. Leave out "late."

Pr. 1. 1. 15. Leave out "late."

Pr. 1. 1. 26. Leave out "present" and insert "late;" and in the same line, after "Majesty" insert "King George the Fourth."

Pr. 2. 1.24. After "His" insert "late."

Pr. 2. 1.34. Leave out "have."

Pr. 2. 1.35. After "His" insert "late."

Pr. 3. 1. 2. Leave out "and," and in the same line, after "amended," insert "and continued."

Pr. 3. 1. 3. Leave out "particulars" and insert "parts."

Pr. 4. 1. 19. Leave out from "shall" to "and" in line 30, and insert "depend."

Pr. 4. 1. 36. Leave out "originating" and insert "depending."

Pr. 5. 1. 3. After "causes" insert "not being inconsistent with the provisions of this Act."

Pr. 5. 1. 6. After "all" insert "such," and in the same line leave out from "Duties" to "and" in line 9.

Pr. 5. 1. 14. After "form" insert "a competent."

Pr. 6. 1. 6. After "depend" insert Clause (A.)

Clause (A.) "Provided always, and it is hereby Enacted, That if the Judges of the Court of Session, who had held the office of Commissioners of the Jury Court, shall, before the expiry of three years, be reduced to two, it shall be competent to the Lord President of either division to proceed to trial, if he think fit, without any Judge who has formerly been of the Jury Court, and they are hereby empowered so to proceed."

Pr. 6. 1. 23. Leave out from "always" to "that" in line 30.

Pr. 7. 1. 27. Leave out "upon every Monday and."

Pr. 9. 1. 16. Leave out "may either" and insert shall."

Pr.9. 1. 18. Leave out from "offences" to "provided" in line 22.

Pr. 9. 1. 25. After "Session" insert "if in their judgment it shall be considered necessary."

Pr. 9. 1. 28. After "and" insert "if necessary."

Pr. 9. 1. 31. Leave out "herein last-mentioned" and insert "provided by the before-recited Acts."

Pr. 11. 1. 13. Leave out "and" and insert "shall be continued and remain in force until altered or revoked by Parliament, and that."

Pr. 11. 1. 19. After "Session" insert "established and enforced by Act of Sederunt."

Pr. 11. 1. 20. Leave out "provisions."

Pr. 11. 1. 24. Leave out from "by" to "and" in line 25, and insert "Acts of Sederunt."

Pr. 12. 1. 29. After "Majesty" insert Clause (B.) Clause (B.) "And be it Enacted, That when the office of Lord Justice General shall have devolved upon the Lord President of the Court of Session, and when he shall deem it expedient to be present at any Circuit Court, it shall be lawful for him to despatch business in such court, whether any other Judge or Judges of the Court of Justiciary be or be not present; any thing contained in an Act of the Parliament of Scotland, passed in the year one thousand six hundred and seventytwo, intituled, 'An Act concerning the Regulation of the Judicatories,' or in an Act passed in the twentieth year of the reign of his Majesty King George the Second, intituled, 'An Act for taking away and abolishing the Heretable Jurisdictions in that part of Great Britain called Scotland, and for making satisfaction to the Proprietors thereof, and for restoring such Jurisdictions to the Crown, and for making more effectual provision for the administration of Justice throughout that part of the United Kingdom by the King's Courts and the Judges there, and for obliging all persons, acting as Procurators, Writers or Agents in the Law in Scotland, to take the oaths, and for rendering the Union of the Kingdoms more complete,' or in any other law or custom to the contrary notwithstanding."

Pr. 13. 1. 3. Leave out "chief."

Pr. 14. 1. 35. Leave out "present" and insert "late," and in the same line, after "Majesty," insert "King George the Fourth."

Pr. 17. 1. ult. After "that" insert "if any doubt shall arise touching the transmission of any such process, it shall be competent to the Clerk of the High Court of Admiralty, or to any party in any such cause, to apply to the Lord Ordinary on the Bills, who shall give directions thereupon, and whose directions shall be final: And provided also, That."

Pr. 18. 1. 32. Leave out "present" and insert "late," and in the same line, after "Majesty," insert "King George the Fourth."

Pr. 21. 1. 34. Leave out from "Account" to "And" in pr. 22. 1. 10, and insert Clause (C.)

Clause (C.) "And be it Enacted, That it shall and may be lawful for the incorporated solicitors practising before the Consistorial Court of Edinburgh previous to the passing of this Act, and they and each of them are and is hereby authorized and empowered during their respective lives to conduct as agents or agent before the Court of Session all or any causes or proceedings such as have heretofore been carried on before the Court of the Commissaries of Edinburgh, which may hereafter be proceeded in, heard or determined before the Court of Session."

Pr. 23. 1. 13. Leave out "present" and insert "late," and in the same line, after "Majesty," insert "King George the Fourth."

In the second column of the Schedule annexed to the Bill, line 1, leave out "cause" and insert "causes."

The said Amendments, being read a second time, were agreed to by the House.

Ordered, That Sir Alexander Grant do carry the Bill to the Lords; and acquaint them, that this House hath agreed to the Amendments made by their Lordships.

The King appoints to be attended with the Address of both Houses, respecting Sir Jonah Barrington.

A Message from the Lords, by the Clerk Assistant, and the additional Clerk Assistant:

Mr. Speaker,

The Lords have commanded us to acquaint this House, That His Majesty has appointed Thursday next, at Two o'clock, at His Palace at Saint James, to be attended with the Address of both Houses of Parliament, and that their Lordships have ordered the Lord Steward and the Lord Chamberlain of the Household to attend His Majesty therewith, on the part of their Lordships, and to desire this House to appoint a proportionable number of its Members to go with them:

And the Lords have also commanded us to acquaint this House, That, from the absence of their usual Messengers, and the urgency of the case, the Lords have been induced to send us with this Message:-And then the Messengers withdrew.

Resolved, That this House doth acquiesce in the reasons assigned by the Lords for sending the said Message by their Clerk Assistant, and additional Clerk Assistant, instead of the usual Messengers; trusting that the same will not be drawn into precedent for the future.

House appoints Four Members to wait on His Majesty.

Resolved, That four Members of this House do go with the Lords mentioned in the said Message to wait upon His Majesty with the said Address.

Ordered, That Lord Francis Leveson Gower, Sir Henry Hardinge, Sir George Warrender, and Sir Alexander Grant, do go with the Lords mentioned in the said Message to wait upon His Majesty with the said Address.

And the Messengers were again called in; and Mr. Speaker acquainted them therewith:-And then they again withdrew.

And then the House adjourned till Thursday next.