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House of Lords Journal Volume 64: 2 April 1832

Pages 138-141

Journal of the House of Lords: Volume 64, 1831-1832. Originally published by His Majesty's Stationery Office, London, [n.d.].

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In this section

Die Lunæ, 2° Aprilis 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.
Archiep. Cantuar.
Ds. Brougham & Vaux, Cancellarius.
Archiep. Ebor.
Archiep. Armacan.
Epus. Londinen.
Epus. Dunelm.
Epus. Bath. et Well.
Epus. Bangor.
Epus. Wigorn.
Epus. Bristol.
Epus. Glocestr.
Epus. Exon.
Epus. Cicestrien.
Epus. Kilmoren.
-
Ds. Teynham.
Ds. Stafford.
Ds. Byron.
Ds. Saltoun.
Ds. Colville of Culross.
Ds. Napier.
Ds. King.
Ds. Monson.
Ds. Boston.
Ds. Holland.
Ds. Montagu.
Ds. Suffield.
Ds. Kenyon.
Ds. Auckland.
Ds. Mendip.
Ds. Northwick.
Ds. Lilford.
Ds. Redesdale.
Ds. Ellenborough.
Ds. Arden.
Ds. Mont Eagle.
Ds. Meldrum.
Ds. Clanbrassill.
Ds. Delamere.
Ds. Bexley.
Ds. Plunket.
Ds. Melros.
Ds. Stuart de Rothesay.
Ds. Rosebery.
Ds. Wallace.
Ds. Wynford.
Ds. Fingall.
Ds. Dover.
Ds. Oakley.
Ds. Dinorben.
March. Lansdowne, Præses.
Dux Richmond.
Dux Wellington.
March. Queensberry.
March. Salisbury.
March. Camden.
March. Westmeath.
March. Cleveland.
Comes Denbigh.
Comes Westmorland.
Comes Shaftesbury.
Comes Poulett.
Comes Selkirk.
Comes Oxford & Mortimer.
Comes Tankerville.
Comes Radnor.
Comes Bathurst.
Comes Clarendon.
Comes Malmesbury.
Comes Longford.
Comes Wicklow.
Comes Rosslyn.
Comes Chichester.
Comes Gosford.
Comes Grey.
Comes Mulgrave.
Comes Brownlow.
Comes Morley.
Comes Glengall.
Comes Eldon.
Comes Vane.
Comes Amherst.
Comes Cawdor.
Vicecom. Leinster.
Vicecom. Sydney.
Vicecom. Hood.
Vicecom. Lorton.
Vicecom. Gordon.
Vicecom. Beresford.
Vicecom. Goderich.
Ds. Melbourne, Unus Primariorum Secretariorum.
Ds. Willoughby de Broke.
Ds. Howard of Effingham.

PRAYERS.

Gordon v. Dunn.

The Answer of The Reverend Gavin Gibb Dunn, Minister of the United Parishes of Slains and Furnie, to the Petition and Appeal of Lieutenant Colonel John Gordon of Cluny, Member of Parliament, was this Day brought in.

Rhodes v. De Beauvoir.

After hearing Counsel further in the Cause wherein William Rhodes is Appeallant, and Richard Benyon De Beauvoir is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Thursday next.

Nicol v. Sir R. W. Vaughan et al.

Ordered, That the Cause wherein William Nicol is Appellant, and Sir Robert Williams Vaughan Baronet, and others, are Respondents, be heard by Counsel at the Bar on Thursday next.

Menzies & Stewart v. Fergusson et al:

Upon reading the Petition and Appeal of Joseph Stewart Menzies Esquire of Foss, and Doctor Alexander Stewart of Bouskeid; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 25th of February 1830, and also of an Interlocutor of the Lords of Session there, of the First Division, of the 21st of May 1830, in so far as they repel the Defences of the Petitioners as to their not being liable for the Intromissions of Captain Stewart with the English Funds; and praying, "That the same may be reversed, varied or altered, so far as complained of, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Ensign James Mure Fergusson, John M'Diarmid, his Factor and Commissioner, Catherine Anna Fergusson and Samuel Robert Fergusson, and Mrs. Elizabeth Fergusson, John M'Diarmid, Major General Archibald Fergusson, Captain Alexander Robertson, Charles Stewart Esquire, and Patrick Small Esquire, their Curators, may be required to answer the said Appeal:"

It is Ordered, That the said James Mure Fergusson, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 30th Day of this instant April; and Service of this Order upon the said Respondents, or upon any of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Richardson to enter into a Recogce on it.

The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Joseph Stewart Menzies Esquire and Doctor Alexander Stewart, on account of their Appeal depending in this House, they being in Scotland:"

The same was agreed to; and Ordered accordingly.

Clark v. Sim:

Upon reading the Petition and Appeal of Charles Clark of Princelands, Writer in Coupar Angus; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of Date 20th May, 8th July and 9th December 1830, in so far as a Commission is thereby granted for taking Parole Evidence against the Petitioner, and more particularly as these Interlocutors admit the Testimony of the Members of the Congregation, who are the Parties really interested in the Issue of the present Question, and Two of them actual Defenders in the present Action; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 2d (signed 3d) December 1831, in so far as it alters the Interlocutor of the Lord Ordinary upon the Merits, repels the Defences of the Petitioner, decerns against him, conform to the Conclusions of the Summons, and finds him liable in Expences; and praying, "That the same may be reversed, varied or altered, so far as complained of, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that James Sim, sometime at Whitely, and afterwards residing in Coupar Angus, may be required to answer the said Appeal:"

It is Ordered, That the said James Sim may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 30th Day of this instant April; and Service of this Order upon the said Respondent, or upon any one of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Richardson to enter into a Recogce on it:

The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Charles Clark, on account of his Appeal depending in this House, he being in Scotland:"

The same was agreed to; and Ordered accordingly.

and on Hamilton's Appeal.

The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Hamilton, on account of his Appeal depending in this House, he being in Scotland:"

The same was agreed to; and Ordered accordingly.

Houlditch et al. v. M. of Donegal, Respondent's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of George Augustus Marquess of Donegal, Respondent in a Cause depending in this House, to which Edward Houlditch, and others, are Appellants ; praying their Lordships, "That he may have Eight Weeks further Time to prepare his printed Case, without Prejudice to the Petition of the Petitioner already pending in this Appeal before their Lordships Appeal Committee, presented to the House on the 27th Day of February last, praying that their Lordships would be pleased to discharge the Order of the 31st of January last directing the Petitioner to put in his Answer to this Appeal:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Manchester Improvement Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for widening and improving a Part of London Road, in the Parish of Manchester and County of Lancaster; and also for effecting Improvements in the Streets and other Places within the Town of Manchester," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

British Commercial Insurance Co's Bill.

The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enable The British Commercial Insurance Company to sue and be sued in the Name of One of the Directors or of the Secretary for the Time being of the Company," was committed.

Drawback on Malt Spirits, Petition from Elgin against Reduction of.

Upon reading the Petition of the Distillers of Whiskey from Malt only, in the Elgin Excise Collection, Scotland, whose Names are thereunto subscribed; praying their Lordships "to reject the Bill for reducing the Drawback on Spirits distilled from Malt only from One Shilling and Two-pence to Eight-pence per Gallon; but that if any Alteration is deemed necessary, whatever Reduction of Drawback takes place, an equivalent Reduction of Duty on Spirits may be granted the Malt Distiller; or if by any Legislative Measure, whether by discontinuing the Drawback, or otherwise, an additional Burden is imposed upon him, that a similar Burden may be made to affect the Raw Grain Distiller, so as to keep both on the same Footing as they stand at present:"

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

Reform of Parliament, Petition of J. Stockdale, in favor of.

Upon reading the Petition of John Joseph Stockdale, Citizen and Stationer of London, and Author and Printer and Publisher, residing at No. 8, Carlton Colonade, near Waterloo Place; praying their Lordships, "That some Reform of the House of Commons may be enacted without further Delay, be it only to prove the Sincerity of Parliament to consult the popular Expectation in whatever Degree; and that their Lordships will render penal in the same Degree as High Treason, of which there can be no higher Class, the Interference, direct or indirect, of Lords Spiritual or Temporal to effect or influence the Return of Representatives to the Commons House of Parliament:"

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

Tithes & Church Rates, (Ireland,) Petitions from Roslea, & Balemakenny, &c. for Abolition of.

Upon reading the Petition of the Inhabitants of the Parishes of Roslea, Drum and Balla, in the County of Mayo, in Ireland, whose Names are thereunto subscribed; praying their Lordships "to take the Grievances under which the Petitioners labour into their serious Consideration, with the view of redressing them by a speedy and total Abolition of Tithes and Church Rates in Ireland, and by the Allocation of those Revenues to the Support of the labouring Clergy, the Edifice of the Church, the Poor and the Stranger:"

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

Upon reading the Petition of the Landholders of the Parish of Balemakenny, in the County of Louth, whose Names are thereunto subscribed; praying their Lordships not to keep up the present Tithe System of Ireland, which, if continued, will deluge that Country in Bloodshed and Murder, but to take from the present Church Establishment its extensive Church Lands, which are more than sufficient to pay its Bishops and Clergy, and give a Share to its former Owners, the Poor; and in so doing their Lordships will give Peace, Happiness and Prosperity to Ireland:"

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

Tithes, (Ireland,) Petition from Athy for Abolition of.

Upon reading the Petition of the Freeholders and Inhabitants of the Parish of Athy and its Unions, whose Names are thereunto subscribed; praying their Lordships "no longer to defer totally abolishing the dreadful Grievance of Tithes; and by so doing, together with allowing Ireland that Station in their Lordships House which her Extent and Population entitle her to, their Lordships will render the Petitioners happy, and strengthen the Empire at large:"

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

Houlditch et al. v. M. of Donegal.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Edward Houlditch, and others, are Appellants, and George Augustus Marquess of Donegal is Respondent, ex-parte, the Respondent not having put in his Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondent puts in his Answer thereto in the mean time.

Bristol Blind Asylum Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for better governing and regulating an Institution in the City of Bristol called and known by the Name of "The Bristol Asylum or School of Industry for the Blind."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

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

Liverpool & Manchester Railway Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enabling The Liverpool and Manchester Railway Company to make a Branch Railway; and for amending and enlarging the Powers and Provisions of the several Acts relating to such Railway."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

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

Sugar Duties Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for granting to His Majesty, until the Tenth Day of October One thousand eight-hundred and thirty-two, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty-two;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Trower and Mr. Farrer;

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

Education, (Ireland,) Petition from Liversedge in favor of proposed Plan.

Upon reading the Petition of the Individuals assembled at a Public Meeting at Liversedge, in the County of York, whose Names are thereunto subscribed; praying their Lordships "not to sanction any National Education in Ireland which is not founded on the important Principles of Christianity, and so constructed that the Two great Parties into which Ireland is divided may participate in; the Petitioners believing that, by the Blessing of Almighty God, it will contribute to allay the Animosity which unhappily exists between the Catholics and Protestants of Ireland:"

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

Education, (Ireland,) Petition from Boardmills against proposed Plan.

Upon reading the Petition of the Inhabitants of Boardmills and its Neighbourhood, County Down, Ireland, whose Names are thereunto subscribed; praying their Lordships "to reject the Measure for establishing a new System of National Education in Ireland, and renew the Grant to the Kildare Place Society as before, that Protestant Ireland may still be a Glory in the Land, that Protestant Children may not be left to Popery and Infidelity, that Catholic Children may not be deprived of the dawning Light of Education, and consigned, without one redeeming Effort, to Priestly Despotism and Moral Darkness, and that the Ark of Israel, the Bulwark of Protestantism, be not delivered into the Hands of the Philistines:"

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

Reform (England) Bill, Petition of The Mayor, &c. of Quinborowe to continue to return Two Members.

Upon reading the Petition of The Mayor, Jurats, Bailiffs and Burgesses of the Borough of Quinborowe, in the County of Kent, under their Common Seal; taking notice of a Bill depending in this House, intituled, "An Act to amend the Representation of the People in England and Wales;" and praying their Lordships, That the same may not pass into a Law, at least that it may be altered and amended so as to preserve their vested Elective Franchise to return Two Representatives to the House of Commons whole, inviolate and untouched; and that the Petitioners may have Leave to be heard by themselves, their Counsel, Agents and Witnesses, against the said Bill, the Preamble thereof, and the several Clauses thereof which affect their Rights and Interests:"

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

Islington Church Rates Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

To return the Bill, intituled, "An Act to equalize the Ecclesiastical Burthens of the Parish of Saint Mary, Islington, in the County of Middlesex; for partially altering the Application of the Rents and Profits of the Stone Fields Estate within the said Parish; for letting the Pews in the Parish Church of Saint Mary, Islington, and the Chapel of Ease thereto; and for other Purposes connected therewith;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Colonial Revenues Audit Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act to authorize the Commissioners for auditing the Public Accounts of Great Britain to examine and audit Accounts of the Receipt and Expenditure of Colonial Revenues;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Smith's Divorce Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

To return the Bill, intituled, "An Act to dissolve the Marriage of Josiah Smith with Elizabeth his Wife, and to enable him to marry again; and for other Purposes;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Bridgewater & Taunton Canal Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act to explain and amend Two Acts, of the Fifty-first Year of His late Majesty King George the Third and the Fifth Year of His late Majesty King George the Fourth, relative to the Bridgewater and Taunton Canal Navigation;" to which they desire the Concurrence of this House.

Tamworth Roads Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act for maintaining several Roads leading to and from the Town of Tamworth, in the Counties of Stafford and Warwick;" to which they desire the Concurrence of this House.

Wells Gas Light Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act for lighting with Gas the City or Borough of Wells, in the County of Somerset, the Liberty of Saint Andrew, and Suburbs of the said City or Borough;" to which they desire the Concurrence of this House.

Lichfield, &c. Roads Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act for more effectually repairing the First District of the Road from Coleshill, through the City of Lichfield and the Town of Stone, to the End of the County of Stafford in the Road leading towards Chester, and several other Roads in the Counties of Warwick and Stafford and City and County of the City of Lichfield;" to which they desire the Concurrence of this House.

Newcastle & Drayton Roads Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act for more effectually repairing and improving the Road from Newcastle-underLyme, in the County of Stafford, to Drayton in Hales otherwise Market Drayton, in the County of Salop; and for making new Branches and Deviations of Roads to communicate therewith;" to which they desire the Concurrence of this House.

The said Five Bills were, severally, read the First Time.

Sentence of Death Explanation Bill.

A Message was brought from the House of Commons, by Mr. Alderman Hughes and others;

With a Bill, intituled, "An Act to explain an Act passed in the Fourth Year of His late Majesty King George the Fourth, for enabling Courts to abstain from pronouncing Sentence of Death in certain Capital Felonies;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Superannuation Allowances Account delivered.

The House being informed, "That Mr. Tomlins, from the Treasury, attended;"

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"An Account of the Total Amount of the several Superannuation Allowances granted subsequently to the 5th July 1822, under the Provisions of the Act 3d George 4th, Ch. 113, in the Public Departments of the United Kingdom, which remained payable on the 5th January 1831; the Annual Amount which ceased in the Course of the Year ended 5th January 1832; the Annual Amount which was granted in the Course of the Year ended 5th January 1832; and the Total Amount remaining payable on 5th January 1832."

And then he withdrew.

And the Title thereof being read by the Clerk;

Ordered, That the said Account do lie on the Table.

Belfast Railway Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Railway from the Cave-Hill to the Harbour of Belfast, in the County of Antrim," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made some Amendments thereto."

Which Amendments were read by the Clerk as follow; (viz t.)

"Pr. 18. L. 13. In Clause A. added to the Bill:

"L. 12. After ("not") insert ("by some Instrument to be prepared by and at the Costs of the said Company")

"L. 14. Leave out from ("Months") to ("so") in Line 15, and insert ("next after Demand in Writing shall have been made by the Clerk of the said Company")

"L. 25. Leave out from ("Price") to ("but") in Line 33.

"Pr. 160. L. 17. & L. 18. Leave out ("without being specially pleaded")

And the said Amendments, being read a Second Time, were agreed to by the House.

Roman Catholic Relief Act, Petition of Sir H. Lees for Repeal of, & against Reform (England) Bill.

Upon reading the Petition of The Reverend Sir Harcourt Lees of Black Rock, County of Dublin, Baronet; praying their Lordships, "First, That they will immediately repeal the Roman Catholic Relief Bill, passed in 1829, so as to remove even all Pretext for Protestants ever desiring the Repeal of the Union; and, secondly, that their Lordships will reject the Reform Bill now in progress through this House, and every future Reform Bill whose Principle, like the present Bill, shall appear to be founded on a Basis of Public Spoliation, and pregnant with the Ruin and Dismemberment of the British Empire:"

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

Plurality of Benefices Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to restrain and regulate the holding of Plurality of Dignities and Benefices by Spiritual Persons;" and for the Lords to be summoned;

It was moved, "That the said Bill be now read the Third Time."

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was read the Third Time.

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

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by the former Messengers;

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tertium diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.