House of Lords Journal Volume 63: 13 July 1831

Journal of the House of Lords: Volume 63, 1830-1831. Originally published by His Majesty's Stationery Office, London, [n.d.].

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'House of Lords Journal Volume 63: 13 July 1831', in Journal of the House of Lords: Volume 63, 1830-1831, (London, [n.d.]) pp. 813-816. British History Online https://www.british-history.ac.uk/lords-jrnl/vol63/pp813-816 [accessed 24 April 2024]

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Die Mercurii, 13° Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.
Ds. Brougham &
Vaux,
Cancellarius.
Epus. Bristol.
Epus. Carliol.
Epus. Roffen.
Epus. Fernen, &c.
Epus. Cloynen.
Epus. Corcagen, &c.
-
Ds. Audley.
Ds. Dacre.
Ds. Saye & Sele.
Ds. Clifton.
Ds. Teynham.
Ds. Gower.
Ds. Colville of Culross.
Ds. Belhaven & Stenton.
Ds. Monson.
Ds. Holland.
Ds. Ducie.
Ds. Sundridge & Hamilton.
Ds. Kenyon.
Ds. Auckland.
Ds. Mendip.
Ds. Saltersford.
Ds. Calthorpe.
Ds. Northwick.
Ds. Carbery.
Ds. Farnham.
Ds. Dunalley.
Ds. Redesdale.
Ds. Ellenborough.
Ds. Barham.
Ds. Mont Eagle.
Ds. Ailsa.
Ds. Manners.
Ds. Hill.
Ds. Prudhoe.
Ds. Glenlyon.
Ds. Ravensworth.
Ds. Forester.
Ds. Somerhill.
Ds. Seaford.
Ds. Plunket.
Ds. Clanwilliam.
Ds. Skelmersdale.
Ds. Wallace.
Ds. Wynford.
Ds. Fingall.
Ds. Sefton.
Ds. Clements.
Ds. Dover.		 March. Lansdowne, Præses.
Ds. Durham, C. P. S.
Dux Richmond.
Dux Beaufort.
Dux Wellington.
March. Salisbury.
March. Cholmondeley.
March. Westmeath.
March. Cleveland.
Comes Denbigh.
Comes Essex.
Comes Shaftesbury.
Comes Albemarle.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Aylesford.
Comes Cowper.
Comes Brooke & Warwick.
Comes Bathurst.
Comes Clarendon.
Comes Talbot.
Comes Grosvenor.
Comes Mansfield.
Comes Carnarvon.
Comes Longford.
Comes Caledon.
Comes Rosslyn.
Comes Craven.
Comes Wilton.
Comes Limerick.
Comes Powis.
Comes Gosford.
Comes Grey.
Comes Lonsdale.
Comes Mulgrave.
Comes Stradbroke.
Comes Vane.
Vicecom. Leinster.
Vicecom. Duncan.
Vicecom. St. Vincent.
Vicecom. Lorton.
Vicecom. Combermere.
Vicecom. Goderich.
Ds. Wellesley, Senescallus.
Ds. Melbourne, Unus Primariorum Secretariorum.

PRAYERS.

Cathcart v. Sir J. A. Cathcart & Ritchie: Same v. same.

Counsel (according to Order) were called in to be heard in the Two Causes wherein John Cathcart Esquire is Appellant, and Sir John Andrew Cathcart Baronet and Henry Ritchie Esquire are Respondents:

And the first Counsel for the Appellant being in Part heard;

The Counsel were directed to withdraw.

The House was adjourned during Pleasure.

The House was resumed by The Lord Wynford, who sat Speaker by virtue of a former Commission.

The Counsel were again called in:

And the first Counsel for the Appellant being further heard;

The Counsel were directed to withdraw.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

The Counsel were again called in:

And the first Counsel for the Appellant being fully heard; and the second Counsel for the Appellant being in Part heard;

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off to Monday next.

Bp. Cloyne takes the Oaths.

This Day John Lord Bishop of Cloyne took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The King's Answer to Address.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Address of Thursday the 30th of June last; and that His Majesty was pleased to receive the same very graciously, and to say, He would give Directions accordingly."

Tithes, (Ireland,) Petition from Beneficed Clergymen respecting.

Upon reading the Petition of the Beneficed Clergymen, whose Names are thereunto subscribed; praying their Lordships "to enact such Measures as shall be deemed best calculated to avert the Evils arising from the Valuation and Collection of Tithes, and to secure to the Established Church and her Ministers the Maintenance of their just Rights and Privileges:"

It is Ordered, That the said Petition do lie on the Table.

Reform of Parliament, Petition from Meath in favor of.

Upon reading the Petition of the High Sheriff, Nobility, Clergy, Gentry, Freeholders and Inhabitants of the County of Meath, whose Names are thereunto subscribed; praying their Lordships "not to let this Opportunity pass, of giving Effect to the Proposition of Ministers, who have, by bowing to the just and legitimate Claims of the People, adopted a Course calculated, in the Opinion of the Petitioners, to confirm the Stability of the Throne, and, by uniting in One common Bond of Affection all Classes of His Majesty's Subjects, to secure the Strength and Tranquillity of the Empire, to promote the Happiness of the People, and to continue in all its Branches to the latest Posterity the inestimable Blessings of a free Constitution:"

It is Ordered, That the said Petition do lie on the Table.

Galway Elective Franchise, Petition from Nun's Island for Extension of.

Upon reading the Petition of the Protestant Freemen and Inhabitants of the Parish of Nun's Island, in the County of the Town of 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:"

It is Ordered, That the said Petition do lie on the Table.

Customs, &c. Oaths Abolition Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to abolish certain Oaths and Affirmations taken and made in the Customs and Excise Departments of His Majesty's Revenue, and to substitute Declarations in lieu thereof;"

Ordered, That the said Bill be read the Third Time To-morrow.

Affray at Newtown Barry, Motion for Address respecting, withdrawn.

The Order of the Day being read for the Lords to be summoned;

It was moved, "That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, A Copy of the Evidence taken before Mr. Green K. C. who was sent by The Lord Lieutenant of Ireland to enquire into the Circumstances of the Affray which took place at Newtown Barry on the 18th of June last:

"And also, A Copy of the Report of the Chief Constable of Police to the Inspector General of Police, respecting the Occurrences of that Day."

Which being objected to;

The said Motion was (by Leave of the House) withdrawn.

Preece's Estate Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to effect an Exchange of Estates in the County of Hereford between William Preece Esquire and the Dean and Canons of Windsor."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Tuckfield's Charity Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling The Mayor, Bailiffs and Commonalty of the City of Exeter to sell Two Houses in the Parish of Saint Stephen's, Exeter, vested in them, and to purchase other Estates for the Performance of the Charitable Purposes of the Will of Joan Tuckfield."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Messages to H.C with the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Cross and Mr. Trower;

To carry down the said Bills, and desire their Concurrence thereto.

Turnpike Acts Continuance Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing, until the Thirtieth Day of June One thousand eight hundred and thirty-two, the several Acts for regulating the Turnpike Roads in Great Britain which will expire at the End of the present Session of Parliament."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Duchy of Cornwall Leases Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable His Majesty to make Leases, Copies and Grants of Offices, Lands and Hereditaments, Parcel of the Duchy of Cornwall, or annexed to the same."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers;

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Thornset Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for making and maintaining a Road from Thornset, in the County of Derby, to Furnace Colliery within Disley, in the County of Chester, and Two several Branches therefrom."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

L. Bp. Bristol.
L. Bp. Carlisle.
L. Bp. Rochester.
L. Bp. Leighlin & Ferns.
L. Bp. Cloyne.
L. Bp. Cork & Ross.
L. Steward.
L. Melbourne.
L. Audley.
L. Dacre.
L. Saye & Sele.
L. Clifton.
L. Teynham.
L. Gower.
L. Colville of Culross.
L. Belhaven & Stenton.
L. Monson.
L. Holland.
L. Ducie.
L. Sundridge & Hamilton.
L. Kenyon.
L. Auckland.
L. Mendip.
L. Saltersford.
L. Calthorpe.
L. Northwick.
L. Carbery.
L. Farnham.
L. Dunalley.
L. Redesdale.
L. Ellenborough.
L. Barham.
L. Mont Eagle.
L. Ailsa.
L. Manners.
L. Hill.
L. Prudhoe.
L. Glenlyon.
L. Ravensworth.
L. Forester.
L. Somerhill.
L. Seaford.
L. Plunket.
L. Clanwilliam.
L. Skelmersdale.
L. Wallace.
L. Wynford.
L. Fingall.
L. Sefton.
L. Clements.
L. Dover.		 D. Cumberland.
L. President.
L. Privy Seal.
D. Richmond.
D. Beaufort.
D. Wellington.
M. Salisbury.
M. Cholmondeley.
M. Westmeath.
M. Cleveland.
E. Denbigh.
E. Essex.
E. Shaftesbury.
E. Albemarle.
E. Oxford & Mortimer.
E. Ferrers.
E. Aylesford.
E. Cowper.
E. Brooke & Warwick.
E. Bathurst.
E. Clarendon.
E. Talbot.
E. Grosvenor.
E. Mansfield.
E. Carnarvon.
E. Longford.
E. Caledon.
E. Rosslyn.
E. Craven.
E. Wilton.
E. Limerick.
E. Powis.
E. Gosford.
E. Grey.
E. Lonsdale.
E. Mulgrave.
E. Stradbroke.
E. Vane.
V. Leinster.
V. Duncan.
V. St. Vincent.
V. Lorton.
V. Combermere.
V. Goderich.

Their Lordships, or any Five of them, to meet on Friday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Monmouth Roads Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving several Roads therein mentioned, leading to, through and from the Town of Monmouth; and for making several new Lines and Diversions of Road to communicate therewith, in the Counties of Monmouth, Gloucester and Hereford."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Ashton-under-Lyne Tithes Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for settling disputed Rights respecting Tithes within the Parish of Ashton-under-Lyne, in the County Palatine of Lancaster, and for fixing certain Annual Payments in lieu thereof."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

Lynn (South Gate) Roads Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing and otherwise improving the several Roads from the South Gate in the Borough of King's Lynn into the Parishes of East Walton, Narborough, Stoke Ferry and Downham Market, in the County of Norfolk."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Lynn (East Gate) Roads Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing the Roads from the Borough of King's Lynn, and other Roads therein mentioned; and for making a new Line of Road at Castle Rising, all in the County of Norfolk."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Aylsham & Cromer Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road from Norwich to Cromer, in the County of Norfolk, and Two Branches of Road leading towards Holt and towards Wolterton, in the said County."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Ferrybridge Inclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for inclosing the several Open Common Fields, Mesne Inclosures, Ings, Common or Stinted Pastures and Balks within the Manor and Township of Ferrybridge otherwise Ferryfryston, in the West Riding of the County of York."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Doncaster & Tadcaster Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and improving the Road from Doncaster, through Ferrybridge, to the South Side of Tadcaster Cross, in the West Riding of the County of York."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Handsworth Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually maintaining and improving the Road from Soho Hill, in the Parish of Handsworth, to the Walsall Road on the Northern Side of Hamstead Bridge, and another Road from Brown's Green to the Friary, in the County of Stafford."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Southampton Pier Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for erecting and maintaining a Pier and other Works for the more conveniently landing and embarking Passengers in the Port of the Town of Southampton."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Dean Forest Boundaries Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for ascertaining the Boundaries of the Forest of Dean, and for inquiring into the Rights and Privileges claimed by Free Miners of the Hundred of Saint Briavel's; and for other Purposes."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Mrs. Turton's Divorce Bill, Witnesses to attend:

Ordered, That George Henry Browne do attend this House on Monday next, in order to his being examined as a Witness upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned."

Marshal of the King's Bench Prison to bring M. Petrie to the Bar.

Ordered, That the Marshal of the King's Bench Prison, or his Deputy, do bring Martin Petrie, a Prisoner in his Custody, to the Bar of this House on Monday next, in order to his being examined as a Witness upon the Second Reading of the last-mentioned Bill.

Small Debts, Petition from Brighthelmston respecting.

Upon reading the Petition of the Tradesmen of the Town of Brighthelmston, in the County of Sussex, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to protect them in their Trades, by enacting such Laws as will remedy the present Defect in the Law with respect to Debtors who keep out of the Way to avoid the Process of the Courts, although they have Goods sufficient to satisfy their Debts:"

It is Ordered, That the said Petition do lie on the Table.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday next.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday next.

Tithes Composition Bill.

It was moved, "That the Order made on Monday last, "That the Bill, intituled, "An Act for encouraging and facilitating Compositions for Tithes and other Payments arising and payable to Incumbents of Ecclesiastical Benefices in England and Wales," be read a Second Time on Thursday next; and that the Lords be summoned," be now read;"

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Monday next; and that the Lords be summoned.

Tithes Commutation Bill.

It was moved, "That the Order made on Monday last, "That the Bill, intituled, "An Act for the Commutation of Tithes in England and Wales," be read a Second Time on Thursday next; and that the Lords be summoned," be now read;"

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Monday next; and that the Lords be summoned.

D. of Argyll, & Selkrig v. Mac Alister & Kelso:

Upon reading the Petition and Appeal of His Grace George William Duke of Argyll, and of Charles Selkrig Esquire, Accountant in Edinburgh, Statutory Trustee for the said Duke; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 12th of November 1829; also of another Interlocutor of the said Lord Ordinary, of the 22d of May 1830, in so far as it sustains the Objection to Duncan Smith, Dugald Stewart and Donald Bowie, Witnesses for the Defender; also of another Interlocutor of the said Lord Ordinary, of the 6th of July 1830, in so far as it repels the Objection to John Clark as a Witness; also of another Interlocutor of the said Lord Ordinary, of the 8th of March 1831, in so far as it finds, decerns and declares in Terms of the Libel, and finds the Defender liable in Expences; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 17th of June 1831; and also of an Interlocutor of the said Lord Ordinary, of the 6th of July 1831, in so far at least as it decerns against the Petitioners for Expences; and praying, "That the same may be reversed, varied or amended, so far as complained of, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Alexander Mac Alister Esquire, of Loup and Torrisdale, and Archibald Kelso his Factor loco Tutoris, may be required to answer the said Appeal:"

It is Ordered, That the said Alexander Mac Alister and Archibald Kelso may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 10th Day of August next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Robertson to enter into a Recog ce on it.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for George William Duke of Argyll and Charles Selkrig Esquire, on account of their Appeal depending in this House:"

It is Ordered, That the said David Robertson may enter into a Recognizance for the said Appellants, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quartum diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.

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