House of Lords Journal Volume 64: 5 April 1832

Die Jovis, 5° Aprilis 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rhodes v. De Beauvoir.

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

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

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

After hearing Counsel, in Part, in the Cause wherein William Nicol is Appellant, and Sir Robert Williams Vaughan, and others, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off sine Die.

Reform (England) Bill, Petition of National Political Union in favor of.

Upon reading the Petition of the Persons whose Names are thereunto subscribed, who are Members of the Council of a Society calling itself the National Political Union; 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, "That their Lordships will pass the same as it has passed the Commons, that Wealth and Wisdom may have their due Influence in the Government, and thus prevent the most fearful yet certain Revolution which has ever happened in any Country in any Age:"

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

Mutiny Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;"

The said Bill was accordingly read a Second Time.

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.

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

Upon reading the Petition of the Inhabitants of the Parish of Tyholland, County of Monaghan, Ireland, whose Names are thereunto subscribed; praying their Lordships "to relieve them from the oppressive Burthen of Tithes by the total and immediate Repeal of every Law connected with that harassing and degrading System:"

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

Slavery, Petition of Ld. Mayor, &c. of London for Abolition of.

Upon reading the Petition of The Lord Mayor, Aldermen and Commons of the City of London, in Common Council assembled; praying their Lordships, "in the Case of the Sugar Duties now under the Consideration of Parliament, to sanction such a Regulation of them as may best promote the present Mitigation and ultimate Extinction of Slavery:"

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

Sheriffs Fees, Petition of Sheriff, &c. of Lincoln respecting.

Upon reading the Petition of the High Sheriff of the County of Lincoln, the Justices of the Peace of the said County, and the Grand Jurors assembled at the Assizes holden at the Castle of Lincoln, in the said County, the 6th Day of March 1832; praying their Lordships, "That the Payment of Fees by Sheriffs upon their Appointment to Office may be either abolished or diminished; and that they may be relieved from the Payment of all Sums of Money, as well those which, according to the Practice of the Court of Exchequer, are not allowed to them in passing their Accounts, as those which they are compelled to pay as appertaining to the said Office from Custom or otherwise, the Repayment whereof is in no way provided for; and that the Duties of the Office of Sheriff may be enquired into, and such Alterations made therein as from the Result of such Enquiry may be deemed proper and necessary:"

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

Justices of the Peace, Petition of Sheriff, &c. of Lincoln for Repeal of Acts respecting.

Upon reading the Petition of the High Sheriff of the County of Lincoln, the Justices of the Peace of the said County, and the Grand Jurors assembled at the Assizes holden at the Castle of Lincoln, in the said County, the 6th Day of March 1832; praying their Lordships, "That so much of the Acts of Parliament of the 12th Richard the Second, c.10, and 14 Richard Second, c. 11, as relates to the Number of Justices for each County, and the Amount of Wages to be paid them and to the Clerks of the Peace, may be repealed; and that such Regulations and Provisions may be made in respect thereof as may appear meet and proper:"

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

Reform (England) Bill, Petition of Freemen, &c. of Okehampton to retain the Elective Franchise.

Upon reading the Petition of the Freemen and Freeholders of the Borough of Okehampton, and of the eldest Sons of Freemen, and Apprentices of Freemen, resident within the Borough, whose Names are thereunto subscribed; 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 Elective Franchise may not be wrested from them; by securing of which Franchise to the Petitioners, their Lordships will be ensuring to a Portion of the Working Classes, the Tradesmen and Artificers, that Share in the Representation to which they are justly entitled as their Birthright:"

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

Education, (Ireland,) Petitions against proposed Plan: (Randalstown:)

Upon reading the Petition of the Minister, Elders and Members of the Presbyterian Church, Randalstown, in the County of Antrim, Ireland, whose Names are thereunto subscribed; praying their Lordships "to sanction no System of Education in Ireland which is not Christian, which has not for its Object to teach Christ in all the Schools in Connection with it, which Petitioners submit can only be done ordinarily by the Instrumentality and free Use of the entire Scriptures:"

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

Templemartin:

Upon reading the Petition of the Inhabitants of the Parish of Templemartin, in the County of Cork, whose Names are thereunto subscribed; praying their Lordships "not to sanction the Adoption of the Plan of Education of the Poor of Ireland sanctioned by His Majesty's Government, which proposes to restrict the free Use of the Word of God in the Schools under the Management of the Board of Education; and that their Lordships will provide that all Grants of Public Money for National Education in Ireland be applied only in Support of those Schools where the free Use of the entire Word of God is admitted among all Denominations; or else that these Grants be withdrawn altogether:"

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

Newton Abbot.

Upon reading the Petition of the Inhabitants of the Town of Newton Abbot, in the County of Devon, whose Names are thereunto subscribed; praying their Lordships "not to sanction the Mutilation of the Word of God in any Schools for National Education in any Part of the United Kingdom:"

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

Slavery, Petition from Marylebone for Abolition of.

Upon reading the Petition of the Inhabitants of the Parish of Marylebone, whose Names are thereunto subscribed; praying their Lordships, "That Colonial Slavery be forthwith and for ever abolished throughout the British Dominions:"

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

Cruelty to Animals, Petition from London & Westminster for Prevention of.

Upon reading the Petition of the Inhabitant Householders of the Cities of London and Westminster, and the Environs thereof, whose Names are thereunto subscribed; praying, "That their Lordships will adopt such Measures as shall appear most expedient to prevent a Recurrence of the wanton and barbarous Cruelties daily practised in the driving and conveying Oxen, Calves, Sheep and other Cattle to and from the Public Markets through the crowded Streets of this Metropolis, and also in the confining and keeping them in Slaughterhouses, Cellars and other Places, for many Days, without Food:"

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

Commission for enquiring into the Poor Laws delivered.

The Lord Melbourne laid before the House, pursuant to an Address to His Majesty of the 20th of March last,

"A Copy of the Commission for enquiring into the Administration of the Poor Laws."

And the Title thereof being read by the Clerk;

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

Ordered, That the said Paper be printed.

Colonial Revenues Audit Bill:

The Order of the Day being read for the Third Reading of the 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;"

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. Roupell;

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

Liverpool & Manchester Railway Bill:

Hodie 3^a 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."

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

Bristol Blind Asylum Bill:

Hodie 3^a 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."

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

It was resolved in the Affirmative.

Message to H.C. with an Amendment to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with One Amendment, to which their Lordships desire their Concurrence.

Newcastle & Drayton Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road from Newcastle-under-Lyme, 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."

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.

Indemnity Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the Time limited for those Purposes respectively until the Twenty-fifth Day of March One thousand eight hundred and thirty-three; to permit such Persons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the First Day of Hilary Term One thousand eight hundred and thirty-three; and to allow Persons to make and file such Affidavits, although the Persons whom they served shall have neglected to take out their Annual Certificates."

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.

Malt Drawback Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to reduce the Allowance on Spirits made from Malt only in Scotland and Ireland."

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.

Consolidated Fund Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to apply the Sum of Three Millions, out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty-two."

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.

Coin Laws Consolidation Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for consolidating and amending the Laws against Offences relating to the Coin."

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.

Duties on Woollens & South Sea Duties, Accounts respecting, Ordered.

Ordered, That there be laid before this House, "An Account of the Amount of all Duties returned on Woollens exported to Foreign Countries, in consequence of Treaties with such Countries, stating also by what Authority such Returns were made, from 1825 to the latest Period:"

And also, "An Account of the Amount of all South Sea Duties which have been returned on imported Goods, stating by what Authority such Returns have been made, up to the latest Period."

Cholera Prevention (Scotland) Amendment Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for altering and amending an Act passed in the present Session of Parliament, for the Prevention, as far as may be possible, of the Disease called the Cholera, or Spasmodic or Indian Cholera, in Scotland."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordnance Department Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to extend and render more effectual Two Acts of the First and Second and Third Years of His late Majesty King George the Fourth, respecting the Estates thereby vested in the principal Officers of the Ordnance; and to facilitate the Public Business in the Ordnance Department."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Marine Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Regulation of His Majesty's Royal Marine Forces while on Shore."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Lady L. Tollemache v. E. of Coventry et Ux. Respondents Petition to lodge their Case, referred to Appeal Com ee:

Upon reading the Petition of George William Earl of Coventry and Mary Countess of Coventry, Respondents in a Cause depending in this House, to which The Right Honorable Lady Laura Tollemache is Appellant; praying their Lordships, "That they may have Leave now to lodge their printed Case:"

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

Hearing appointed.

The House being moved, "That a Day may be appointed for hearing the last-mentioned Cause:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Bridgewater & Taunton Canal Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the 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," 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 several Amendments thereto."

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

"Pr. 8. L. 22. Leave out ("so")

"Pr. 9. L. ult. After ("therewith") insert ("except as herein-after mentioned")

"Pr. 20. L. 12. After ("Navigation") insert ("and shall have made and completed the before-mentioned Works")

"Pr. 21. L. penult. After ("at") insert ("or near the North Town Bridge in")

"Pr. 22. L. 2. In the Interlineation, Line penult. after ("the") insert ("said") and in Line ult. leave out ("at Taunton")

"Pr. 23. L. 21. In the Interlineation, Line 5, leave out ("last-mentioned") and in Line 6 after ("Cut") insert ("to be made as aforesaid")

"L. 22. Leave out ("at the") and insert ("from Time to")

"L. 26. Leave out the whole of the Interlineation, and insert ("and so in Proportion for any greater or less Quantity or Quality, or greater or less Distance")

Pr. 24. L. 13. After ("Mile") insert Clause A.

"Clause A. And be it further enacted, That if the said Company of Proprietors shall make the said Navigable Canal or Cut into the said Grand Western Canal, the said Navigable Canal or Cut shall be made capable of carrying Vessels of the same Tonnage as the said Grand Western Canal; and if the same Navigable Canal or Cut shall be made into some Branch or Collateral Cut as aforesaid, and the same Branch or Collateral Cut shall be hereafter enlarged, the said Navigable Canal or Cut shall be enlarged and made capable of carrying Vessels of the same Burthen as such Branch or Collateral Cut may at any Time hereafter be capable of carrying."

"Pr. 27. L. 31. Leave out ("thereof") and insert ("of the said Boats and Barges")

"Pr. 28. L. 6. Leave out ("in case") and insert ("when")

"Pr. 32. L. 20. After Clause A. added to the Bill insert Clause B.

"Clause B. Provided always, and be it further enacted, That nothing herein contained, or to be done in pursuance hereof, shall prejudice or affect the Right of the Dean and Chapter of the Cathedral Church of Wells, claiming to be the Owners of or interested in certain Mills called Ham Mills, situate near to the said River Tone, and receiving a Supply of Water therefrom at a Place between Creech Lock and Ham Mill Lock, or other the Person or Persons for the Time being entitled to or interested in the said Mills, or in the Occupation thereof, to the Use of the Water of the said River Tone for the Supply of the said Mills; but the said Dean and Chapter of the Cathedral Church of Wells, or other the Person or Persons aforesaid, shall have the Use and Enjoyment of such Water in such and the like Manner as if this Act had not been made; and the said Company of Proprietors shall, when they shall have made such Purchases as aforesaid, be subject to all such Obligations with reference to the Supply from the said River Tone of Water for the Use of the said Mills as the Conservators of the said River, under the said several Acts relating to the said River, would have been subject to if this Act had not been made; and that when the said Company of Proprietors shall have made such Purchases as aforesaid, the Bed of the said River Tone between Creech Lock and Ham Mill Lock shall at all Times be so cleansed and scoured, at the Expence of the said Company of Proprietors, as that the said Mills may not by any Obstruction in such Bed be prevented from receiving a regular Supply of Water as heretofore; and further, that in case the said Dean and Chapter of the Cathedral Church of Wells, or other the Person or Persons for the Time being entitled or interested as aforesaid, or his or their Tenant or Tenants, shall at any Time or Times after the making of such Purchases be deprived of the accustomed Supply of Water, or sustain any Damage in respect of the said Mills, by reason of any thing done or omitted to be done in pursuance of this Act, then and in every such Case Compensation shall be made to any such Person or Persons as aforesaid who may be aggrieved thereby, by the said Company of Proprietors, for such Damage, in the like Manner as is prescribed in the said Act of the Fifth Year of the Reign of His late Majesty King George the Fourth with reference to the Damages occasioned by the Works thereby authorized to be made, and the Provisions of the same Act, as to the Assessment and Recovery of such Damages, and generally in relation thereto, as shall operate with respect to any such Damage as aforesaid in respect of the said Mills."

"Pr. 37. L. penult. Leave out from ("others") to the End of the Bill."

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

Wells Gas Light Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the 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," 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."

Crowder v. Watson et al. Recogce cancelled.

Upon reading the Petition of James Watson, and others, Respondents in a Cause depending in this House, to which Mrs. Elizabeth Rebecca Crowder or Turnley is Appellant; praying their Lordships, "That the Recognizance for Costs in this Appeal entered into by William Crowder of Type Street, Chiswell Street, in the City of London, may be cancelled, the said William Crowder not being a fit and proper Person to become Security for Costs, the Agent for the Appellant having signed the said Petition as consenting thereto:"

It is Ordered, That the said Recognizance be cancelled, as desired.

Adjourn.

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