Journal of the House of Lords: Volume 63, 1830-1831. Originally published by His Majesty's Stationery Office, London.
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Die Martis, 18° Octobris 1831.
Reform (England) Bill, Petitions in favor of: Shefford:
Flesher Incorporation of Perth:
And also, Upon reading the Petition of the Gentlemen, Merchants, Tradesmen and other Inhabitants of the Borough and adjacent Neighbourhood of Knaresborough, in the County of York, whose Names are thereunto subscribed; taking notice of a Bill lately depending in this House, intituled, "An Act to amend the Representation of the People in England and Wales;" and severally praying their Lordships, "That the same may pass into a Law:"
Upon reading the Petition of the Feuars, Burgesses, Merchants, Ship Owners and Inhabitants of Peterhead, in Public Meeting convened, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to pass the same; and in like Manner to give their high Sanction to the other Measures of Reform applicable to Scotland and Ireland, as they shall be modified and approved of by The Honorable The Commons, that the same may become the Law of the Land, for the Peace, Welfare, Happiness and Prosperity of this great Nation:"
Upon reading the Petition of the Freeholders and other Inhabitants of Chapel-en-le-Frith, in the County of Derby, and its Vicinity, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to pass the same, and by so doing to preserve this Country from Dangers and Convulsions; and to add another Evidence to those which have heretofore distinguished their Lordships House, of their Anxiety for the Peace and Welfare of the People:"
Distillation (Ireland) Bill:
The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to consolidate and amend the Laws for suppressing the illicit making of Malt and Distillation of Spirits in Ireland;"
Message to H.C. that the Lords have agreed to it.
Reform (England) Bill, Petitions of Corporations of Saddlers, &c & Barbers, &c. Dublin, against.
Upon reading the Petition of the Master, Wardens and Brethren of the Corporation of Sadlers, Upholders, Coach and Coach Harness Makers, &c. &c. &c. or Guild of the Blessed Virgin Mary, Dublin, whose Names are thereunto subscribed; taking notice of a Bill lately depending in this House, intituled, "An Act to amend the Representation of the People in England and Wales;" and praying their Lordships, "That the Privileges of Freemen may be continued as at present; that the Right of Election may be preserved; and that that Power may not be extended to a Principle which would tend to overthrow the valuable and venerable Institutions of the Country:"
Upon reading the Petition of the Master, Wardens and Brethren of the Corporation of Barbers and Surgeons, or Guild of Saint Mary Magdalene, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "by rejecting the same, to secure to Petitioners and their Posterity their ancient Chartered Rights, and to preserve to the People of the British Empire the Security of the Throne, and the unimpaired Enjoyment of their present Constitutional Privileges in Church and State:"
Coal Meters, Dublin, Petitions for Compensation to: Corporation of Cutlers, &c. Dublin:
Upon reading the Petition of the Masters, Wardens and Brethren of the Corporation of Cutlers, Painters, Stainers and Stationers, or Guild of Saint Luke, Dublin, under their Common Seal; taking notice of the intended Repeal of all Imposts on Sea-borne Coal, and praying their Lordships "to provide such Remedy as shall avert the great Evil Petitioners would suffer should they be deprived of the valuable Services which have been rendered Petitioners by Coal Meters; or that in case their Lordships are determined that the Duties of the Meter shall be in future dispensed with, such Regulation shall accompany the Measure as will afford to the Meters now in Office an adequate Compensation in lieu of their present Emoluments:"
Corporation of Merchants, Dublin:
Upon reading the Petition of the Masters, Wardens and Brethren of the Corporation of Merchants, or Guild of the Holy Trinity, Dublin, under their Common Seal; praying their Lordships, "in case the Duty on Sea-borne Coals be repealed, to pass a Clause similar to the Clause in the Act of 6th George the Fourth, Chap. 107, for enforcing the Crown Duty on Coals; vizt. that no Coals shall be landed without the Presence and Permission of a proper Meter, so as thereby to protect the Public and to preserve to Petitioners their ancient vested Right of appointing sworn Meters to mete the Coals in the City of Dublin; or if their Lordships shall not think it expedient to pass such Clause, that they will, in humane Consideration of the Circumstances, extend to Petitioners, and to the Meters in their Employment, such Compensation for their Losses as to their Lordships Wisdom and Justice shall seem meet:"
Coal Meters, Dublin.
Upon reading the Petition of the Coal Meters of the City of Dublin, whose Names are thereunto subscribed; praying their Lordships, "That, in the Event of the Measure for the total Repeal of the Duty on Sea-borne Coals passing this House, they will be pleased to take into their Consideration the existing Interests connected with this Branch of Financial Resource, and provide a Remedy for the Injury it will effect on the Petitioners, who consist of Two superintending Meters, vizt. the Inspector and the Book-keeper, Eighty Coal Meters at present performing Duty, and Twenty aged and infirm superannuated Meters, deriving their only Support from an Allowance contributed to and kept up by Twenty of the fore-mentioned Eighty of the Petitioners, who perform this Duty under Covenant of arriving at full Pay by Seniority:"
Board of Trade at Dublin, Petition of Corporation of Weavers, Dublin, for Establishing.
Upon reading the Petition of the Master, Wardens and Brethren of the Corporation of Weavers, or Guild of the Blessed Virgin Mary, Dublin, under their Common Seal; praying their Lordships, "That an unpaid Board of Commissioners may be appointed for Ireland, of practical Experience, their Object being the Trade, Manufactures, Fisheries, Agriculture, all Public Works and internal Improvement of Ireland; that such Board be incorporated with such Powers as the House may think meet, and be further appointed to inquire into the Causes and Extent of Distress, and ascertain the best Means for renovating her Sources of Employment, and report from Time to Time to The Lord Lieutenant of Ireland, as may be further directed:"
Tithe Composition Act, Petition from Clones to be included in Provisions of.
Upon reading the Petition of the Inhabitants of the Parish of Clones, in the County of Monaghan, whose Names are thereunto subscribed; praying, "That their Lordships will take into Consideration the Difficulties under which Petitioners labour for Want of the Tithe Composition Act being carried into Effect in said Parish, and make some Amendment in said Act, whereby they shall participate in those Benefits and Comforts which all the surrounding Parishes enjoy by said Composition Act being carried into Effect:"
Education, (Ireland,) Petition from Drumcliff for continuing Grants for.
Upon reading the Petition of the Inhabitants of Drumcliff, whose Names are thereunto subscribed; praying their Lordships "to continue the usual Grant to the Society for promoting the Education of the Poor of Ireland:"
Reform of Parliament, (Scotland,) Petition from Nairnshire respecting.
Upon reading the Petition of the Freeholders, Heritors, Commissioners of Supply and Justices of Peace of the County of Nairn, whose Names are thereunto subscribed; taking notice of the Measure for amending the Representation of the People in Scotland, and praying their Lordships "to allow the Return of Representatives for Nairnshire alone, or for Nairn and Cromarty Shires jointly:"
M'Gavin v. Stewart, Same v. same, Judgments amended.
The Order of the Day being read for the Attendance of the Agents on both Sides in the Two Causes lately depending in this House, in which James M'Gavin was Appellant, and James Stewart was Respondent;
And Mr. Alexander Mundell, Agent for the Respondent, being examined, stated, "That Two of the Parties directed by the Orders of this House, made in the said Two Causes on the 14th and 16th Days of July 1830, to be examined before a Jury, were dead."
Whereas upon the Hearing of a certain Cause lately depending in this House, wherein James M'Gavin, Accomptant in Paisley, Trustee on the Sequestrated Estates of John Stewart and Company, Merchants and Manufacturers there, was Appellant, and James Stewart, lately Manufacturer and Merchant, now Distiller in Paisley, was Respondent, it was Ordered and Adjudged, That the Interlocutors complained of in the said Cause should be Reversed, and that the Cause be remitted back to the Court of Session in Scotland, with Directions to submit the Question of Facts to a Special Jury; and that it be an Instruction to the Jury Court to examine the Parties vivâ voce before them: And whereas it now appears to this House, upon Examination of Alexander Mundell, Agent for the Respondent in the said Cause, (the Agent for the Appellant also attending,) that Two of the Parties directed by the said Order of this House to be examined are dead; It is therefore this Day Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerk Assistant do amend the said Judgment of the 14th Day of July 1830, and also the Judgment of this House of the 16th Day of July 1830 in another Cause between the same Parties, by striking out so much of the said Judgments as directs that the Parties should be examined vivâ voce before a Jury.
Report from Com ee on the Library agreed to:
The House (according to Order) proceeded to take into Consideration the Report from the Lords Committees appointed a Select Committee to consider of some Additions to be made to the Library of this House, and of other Matters relating thereto; and to whom it was an Instruction to consider of some Mode for more effectually ventilating the House; and to whom it was also an Instruction to consider whether any and what additional Accommodation can be provided for the Number of Peers who may attend the House during the Remainder of the Session; made to the House on Saturday last:
Resolved, by the Lords Spiritual and Temporal, in Parliament assembled, That the Interior of the House of Lords should be restored to the State in which it was previously to the Address of this House to His Majesty of the 23d of September last, requesting that His Majesty would be graciously pleased to order that the Galleries erected within the House for the Accommodation of the Peers in Session 1820 should be erected for the Accommodation of the Peers during the present Session.
Resolved, by the Lords Spiritual and Temporal, in Parliament assembled, That the Fire-place in the Centre of the House should be removed, and the Space in Front of the same occupied with Benches for the further Accommodation of the Peers.
Ordered, That an humble Address be presented to His Majesty, humbly to lay before His Majesty the several Resolutions of this House before-mentioned, and to request that His Majesty will be graciously pleased to give Directions for carrying the same, severally, into Effect.
Yeomanry Corps, (Ireland,) Petitions from Fethard & Templetown, & St. James, Wexford, for disbanding.
And also, Upon reading the Petition of the Inhabitants of the Parish of Saint James, in the County of Wexford, Ireland, whose Names are thereunto subscribed; severally praying their Lordships "for the Disbandment of that partizan and quite unnecessary Body of Men, the Yeomanry Force of Ireland, whom the Petitioners look upon, with Arms in their Hands, ready to sacrifice the Lives of the People at the Command of an organized Orange Faction, who avowedly seek to destroy the Petitioners with their Families, and thus destroy the Peace and Happiness of this Part of His Majesty's Dominions:"
11th Report of Church Com ee delivered.
6th Report of Church Comrs (Scotland) delivered.
Galway Elective Franchise, Petition from St. Nicholas, Galway, for Extension of.
Upon reading the Petition of the Land Owners, Merchants, Freemen and Freeholders of the Vicarage of St. Nicholas, Galway, whose Names are thereunto subscribed; praying, "That their Lordships will be graciously pleased to equalize Civil Rights in Galway, by extending to the Roman Catholic Mercantile and Trading Classes the Elective Franchise in as full and ample a Manner as the same is now enjoyed by Protestants:"
Vestries Bill reported:
The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for the better Regulation of Vestries; and for the Appointment of Auditors of Accounts, in certain Parishes of England and Wales."
"L. 25. Leave out from ("effect") to ("And") in Press 5, Line 5, and insert ("The Churchwardens of this Parish [insert here the Name of the Parish] having received a Requisition duly signed according to the Provisions of an Act of the Second Year of the Reign of William the Fourth, Chapter, for the better Regulation of Vestries, the Rate Payers of this Parish [insert here the Name of the Parish] are hereby required, all and each of them, on or before the Day of next, to signify to the said Churchwardens by a Declaration, either printed or written, or partly printed or partly written, addressed and delivered to One of the Churchwardens at [insert here the Place,] their Votes for or against the Adoption of the aforesaid Act for the better Regulation of Vestries by the Rate Payers of this Parish. (Signed) Churchwardens.") And also insert Clauses A. B. and C.
"I A. B. of Street [or Place or House] in this Parish of vote [for or against, as the Case may be,] the Adoption of the Act of the Second Year of the Reign of William the Fourth, Chapter for the better Regulation of Vestries by this Parish."
"Clause B. And be it further enacted, That the said Churchwardens shall carefully examine the Votes to them delivered as aforesaid, and shall compare them with the last Rate made for the Relief of the Poor of the said Parish, and shall be empowered to call before them and examine any Parish Officer touching the said Votes, or any Rate Payer so giving his Vote, and after a full and fair Summing-up of the said Votes shall, by public Notice according to the Form and Manner herein-after prescribed, declare whether or not Two Thirds of the Votes given have been given in favour of the Adoption of the said Act: Provided always, that the whole Number of Persons voting shall be a clear Majority of the Rate Payers of the Parish: Provided also, that the Adoption or Non-adoption of this Act shall be decided by such Number of Votes as aforesaid."
"Clause C. Provided always, and be it enacted, That no Person shall be deemed a Rate Payer, or be entitled to vote, or do any other Act, Matter, or Thing as such, under the Provisions of this Act, unless he or she shall have been rated to the Relief of the Poor for the whole Year immediately preceding his so voting or otherwise acting as such Rate Payer, and shall have paid all the Parochial Rates, Taxes and Assessments due from him or her at the Time of so voting or acting."
"Pr. 5. L. 19. Leave out from ("effect") to ("Provided") in Line 36, and insert ("Parish of [here insert Name of Parish.] Notice is hereby given, That the above-named Parish has adopted the Act of the Second Year of the Reign of King William the Fourth, Chapter, intituled, "An Act [here insert the Title of the Act;] and that the Numbers of the Majority and Minority of Votes given for and against the Adoption of the said Act are as follows; that is to say, Votes for the Adoption thereof, and Votes against the Adoption thereof. Dated this Day of in the Year of our Lord. (Signed) Churchwardens.")
"Pr. 17. L. 5. Leave out from ("which") to ("consists") in Line 6, and in Line 6, after ("Twelve") insert ("or more") and also in Line 6 and in Line 7, after ("Vestrymen") insert ("and not exceeding Twenty-three")
"Clause D. And be it further enacted, That in any Case in which the Vestry Room of any Parish or Place shall not be sufficiently large and commodious for any Meeting to be held for the Purpose of electing Vestrymen or other Parish Officers, such Election shall be held elsewhere within the said Parish or Place, but not in the Church or Chapel thereof."
"Clause E. And be it further enacted, That at every Meeting of any Vestry, in the Absence of the Persons authorized by Law or Custom to take the Chair, the Members present shall elect a Chairman for the Occasion before proceeding to other Business."
"Provided always, and be it further enacted, That any of the Rate Payers of the aforesaid Parish, not exceeding Five together, may inspect at or in the Vestry Room, or in some convenient Place within the same Parish, and they are hereby empowered to inspect, the Votes so given for and against the Adoption of this Act, at all seasonable Times within One Month after such Notice shall have been given; and the Churchwardens of the said Parish are hereby required carefully to preserve the said Votes, and freely to permit and allow the Examination thereof by the aforesaid Rate Payers of the said Parish, at such seasonable Times within the Period aforesaid."
"And be it further enacted, That if any Churchwarden, Rate Collector, Overseer or other Parish Officer shall refuse to call Meetings according to the Provisions of this Act, or shall refuse or neglect to make and give the Declarations and Notices directed to be made and given by this Act, or to receive the Vote of any Rate Payer as aforesaid, or shall in any Manner whatsoever alter, falsify, conceal or suppress any Vote or Votes as aforesaid, such Churchwarden, Rate Collector, Overseer or other Parish Officer shall be deemed and taken to be guilty of a Misdemeanor."
"And be it further enacted, That in any Case in which the Vestry Room of any Parish in any City or Town shall not be sufficiently large and commodious for any Vestry Meeting, such Meeting shall be held elsewhere within the said Parish or Place, but not in the Church or Chapel thereof."
"Provided always, and be it further enacted, That nothing in this Act contained shall extend to any City or Town wherein there shall not be a greater Number than Eight hundred Persons rated as Householders, and having paid the Rates for the Relief of the Poor within the Year preceding that in which the Provisions of this Act may be desired to be put in Execution within such Parish."
Order for 3 a.
Commons Answer to Message of Yesterday.
The Messengers sent to the House of Commons Yesterday, to request, "That they would be pleased to communicate to this House A Copy of a Report made from the Select Committee appointed by that House on the present State of the Affairs of The East India Company, and to inquire into the State of Trade between Great Britain, The East Indies and China;" acquainted the House, "That the Commons return for Answer, That they will send an Answer by Messengers of their own."
Bankruptcy Court Bill.
To return the Bill, intituled, "An Act to establish a Court in Bankruptcy;" and to acquaint this House, That they have agreed to the same, with several Amendments, to which they desire their Lordships Concurrence.
Crown Land Inclosure Bill brought from H.C. & read 1a:
With a Bill, intituled, "An Act to enable Churchwardens and Overseers to inclose Land belonging to the Crown, for the Benefit of poor Persons residing in the Parish in which such Crown Land is situated;" to which they desire the Concurrence of this House.
Standing Orders 26 & 155 to be considered on it.
Ordered, That the Standing Orders No. 26 and No. 155, relative to Bills not being read or proceeded in Twice the same Day, be taken into Consideration To-morrow, in order to their being dispensed with upon the lastmentioned Bill; and that the Lords be summoned.
Embankments (Ireland) Bill.
To return the Bill, intituled, "An Act to empower Landed Proprietors in Ireland to sink, embank and remove Obstructions in Rivers;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.
To return the Bill, intituled, "An Act to enable Courts of Law to give Relief against adverse Claims made upon Persons having no Interest in the Subject of such Claims;" and to acquaint this House, That they have agreed to the same, without any Amendment.