House of Lords Journal Volume 64: 27 July 1832

Die Veneris, 27° Julii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Leave to Bp. London to attend Com ee of H.C. on Observance of the Lord's Day:

It was moved, "That The Lord Bishop of London may have Leave to go to the Committee of the House of Commons, as desired by that House in their Message of Yesterday, if his Lordship think fit:"

And The Lord Bishop of London, in his Place, acquainted the House, "That he was willing, with the Leave of the House, to go to the said Committee."

Ordered, That The Lord Bishop of London have Leave to go to the said Committee, if his Lordship think fit.

Message to H. C. to acquaint them therewith.

Whereupon, A Message was sent to the House of Commons, by Mr. Wingfield and Mr. Martin;

To acquaint them, That the Lords do give Leave to The Lord Bishop of London to go to the Select Committee appointed by that House to inquire into the Laws and Practices relating to the Observances of the Lord's Day, in order to his being examined as a Witness before the said Committee, if his Lordship think fit.

Logan et al. v. M. & J. Wienholt.

The House (according to Order) proceeded to take into further Consideration the Cause wherein Sarah Logan, and others, are Appellants, and Mary Wienholt and John Birkett Wienholt are Respondents:

And Consideration being had thereof accordingly;

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

Hunter & Campbell v. Duff et al.

After hearing Counsel fully in the Cause wherein Archibald Hunter Esquire and David Campbell are Appellants, and Lieutenant General Alexander Duff, and others, are Respondents:

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

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

Martin's Estate Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling James Thomas Martin Esquire, and the Persons in Remainder under the Will of Mary Jackson deceased, to grant Leases of the Settled Estates, for the Purpose of building upon and otherwise improving the same."

Then some Amendments were made to the Title of the said Bill.

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.

Prisoners Removal (Ireland) Bill.

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

With a Bill, intituled, "An Act to authorize for One Year the Removal of Prisoners from the several Gaols in Ireland, in Cases of epidemic Diseases;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Russian Dutch Loan Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to carry into Effect a Convention made between His said Majesty and The Emperor of all the Russias;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Lords summoned.

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

Taxed Carts Bill.

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

With a Bill, intituled, "An Act to reduce the Duties now payable in certain Cases on Carriages with less than Four Wheels;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Charitable Institutions (Ireland) Bill.

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

With a Bill, intituled, "An Act to make a better Provision for the Superintendence of Charitable Institutions in Ireland maintained in the Whole or in Part by Grand Jury Presentments; and for the more effectual Audit of the Accounts of the same;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Bankrupt Laws Bill.

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

With a Bill, intituled, "An Act to amend the Laws relating to Bankrupts;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Papers delivered:

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

He was called in; and delivered at the Bar, pursuant to an Order of the 29th of June last,

Post Office Communications with Ireland:

"Copies of all Communications made to the Post Office, since 1st January 1831, respecting the Conveyance of the Mail between Dublin and Londonderry:"

And also, "Copies of all Contracts entered into by the Post Office for the Conveyance of the Mail between Dublin and Londonderry, as also between Dublin and Belfast, and which have not as yet expired, together with Copies of such Contracts as would have been in force at the present Moment had such Contracts not been surrendered."

Mr. Tomlins also delivered at the Bar, pursuant to the Directions of several Acts of Parliament,

Northern Light Houses:

"Abstract of the Accounts of the Commissioners of the Northern Light Houses, for the Year to 30th June 1832:"

Compensation to P. Wishart:

And also, "Copy of the Warrant of the Barons of the Exchequer, Scotland, for paying the Compensation due to the late Patrick Wishart, Procurator Fiscal of the Commissary Court of Edinburgh."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

The House being informed, "That Mr. Preston, from the Court of Directors of The East India Company, attended;"

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

Resolutions of The East India Co. granting Pensions, &c.

"Resolutions of the Court of Directors of The East India Company, being the Warrants or Instruments granting any Pension:"

And also, "Resolutions of the Court of Directors of The East India Company, being the Warrants or Instruments granting any Salary or Gratuity."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Appropriation of Duties (Newfoundland) Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to continue certain Acts relating to the Island of Newfoundland, and to provide for the Appropriation of all Duties which may hereafter be raised within the said Island;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Newfoundland Fisheries Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to continue, until the Thirty-first Day of December One thousand eight hundred and thirty-four, an Act of the Fifth Year of His late Majesty, relating to the Fisheries in Newfoundland;"

The said Bill was accordingly read the Third Time.

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.

Reform (Ireland) Bill, Petitions from Galway & Iverk for Alteration of.

Upon reading the Petition of the Merchants, Traders, Artisans and Inhabitants of Galway, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to amend the Representation of the People of Ireland;" and praying their Lordships "to alter and amend the Clause therein limiting the Right of voting of Freemen, which, if allowed to remain unaltered and as at present restricted, will deprive the Petitioners of their Right of Franchise under the Galway Elective Franchise Act:"

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

Upon reading the Petition of the Freeholders of the Barony of Iverk, in the County of Kilkenny, whose Names are thereunto subscribed; taking notice of the lastmentioned Bill, and praying their Lordships "to facilitate for them the Mode of Registry in Ireland, by assimilating it to that of England:"

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

Com ee on West India Colonies, Papers referred to.

Ordered, That the Copies of all Communications from Jamaica relating to the Trial of George Ancle and Samuel Swiney, Negro Slaves, for certain alleged Offences relating to Religious Worship:

Also, The Communications relating to the Adoption or Rejection of a Law for abolishing the Practice of punishing Females by the Whip:

Also, The Report of the Committee of the House of Assembly in Jamaica appointed to inquire into the Cause of and the Injury sustained by the recent Rebellion in that Colony, together with the Examinations on Oath, Confessions and other Documents thereto annexed:

Also, The Copy of any Report or Reports from the Bishop of Jamaica, or of any other Information in the Possession of the Government, shewing the Means furnished by that Colony for the Religious Instruction of the Coloured and Slave Population, the Number of Churches, Chapels and other Places of Worship, and of the Rectors, Curates, and Catechists and Schools therein:

Also, The Copies of all Laws passed by the several Colonial Legislatures for the Removal of the Disabilities of the free Persons of Colour passed during the last Six Years:

Also, The Copy of a Report of the House of Assembly of Jamaica, and of the Examinations on Oath thereto annexed, taken by a Committee of that House in 1815 appointed to take into Consideration a "Bill for effectually preventing the unlawful Importation of Slaves and the holding free Persons in Slavery in the Britlsh Colonies:"

And also, The Copy of a Report and Examination on Oath, before a Committee of the House of Assembly of Jamaica in 1825, on a "Bill to admit the Evidence of Slaves in certain Cases;" severally laid before the House on the 29th of June last, be referred to the Select Committee on the State of the West India Colonies.

Tithes, (Ireland,) Petitions for Abolition of: (Kinsale, &c:)

Upon reading the Petition of the Inhabitants of the Town of Kinsale, and Parishes of Ringcurren and Tigsasan, in the County of Cork, whose Names are thereunto subscribed:

Kildimo:

Also, Upon reading the Petition of the Inhabitants of the Parish of Kildimo, in the County of Limerick, Ireland, whose Names are thereunto subscribed:

Castle Gregory, &c:

Also, Upon reading the Petition of the Parishioners and Tithe Payers living in the Parish of Castle Gregory, Stradbally and Kilcommin, in the County of Kerry, whose Names are thereunto subscribed:

Burnchurch:

And also, Upon reading the Petition of the Parishioners of the Parish of Burnchurch, in the Union of Burnchurch, Diocese of Ossory, County of Kilkenny, Ireland, whose Names are thereunto subscribed; severally praying, "That their Lordships will abolish Tithes in Ireland:"

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

Galbally:

Upon reading the Petition of the Inhabitants of the Parish of Galbally and Union of Duntryleague, in the County of Limerick, whose Names are thereunto subscribed; praying their Lordships "for a total and unequivocal Abolition of Tithes and Church Rates; to apply the Church Lands (One Million of Acres of the best Land in Ireland) to the Support of the Protestant Clergy in Ireland, to the building and repairing of Churches, and to the Support of the aged, the poor and infirm; and that their Lordships will withhold their Assent from any Bill having for its Object to arm the Executive Authority in Ireland with any new and extraordinary Power for the Recovery of Tithes or Arrears of Tithes:"

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

Timoleague:

Upon reading the Petition of the Parishioners of the Parish of Timoleague, in the County of Cork, whose Names are thereunto subscribed; praying their Lordships "to take the general and particular Grievance of Tithes into their Consideration, for the Purpose of immediately doing away Tithes altogether, and substituting some less vexatious Mode of supporting the Clergy; and that the Petitioners may be relieved of a System of Ecclesiastical Revenue, which Experience confirms as most ruinous and oppressive, while it is totally unsanctioned by Christianity:"

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

Ballynadee.

Upon reading the Petition of the Inhabitants and Tithe Payers of the Parish of Ballynadee, in the County of Cork, whose Names are thereunto subscribed; praying their Lordships "to devise such Means as will alleviate their Suffering, and raise them to the Rank of an independent and unoppressed People by the Abolition of Tithes and Church Rates:"

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

Militia Pay Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to defray the Charge of the Pay, Clothing, and contingent and other Expences of the Disembodied Militia in Great Britain and Ireland; and to grant Allowances, in certain Cases, to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates and Serjeant Majors of the Militia, until the First Day of July One thousand eight hundred and thirtythree."

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."

Order for 3 a.

Ordered, That the said Bill be read the Third Time on Monday next.

Arms, &c. (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue for One Year, and from thence to the End of the then next Session of Parliament, several Acts relating to the Importation and keeping of Arms and Gunpowder in Ireland."

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."

Order for 3 a.

Ordered, That the said Bill be read the Third Time on Monday next.

Robertson to enter into a Recogce on Ferrier's Appeal.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Charles Ferrier Esquire, on account of his Appeal depending in this House, he being resident in Scotland:"

The same was agreed to; and Ordered accordingly.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Slavery, Petition from Derby for Abolition of.

Upon reading the Petition of the Inhabitants of the Town of Derby and Neighbourhood, whose Names are thereunto subscribed; praying their Lordships "to take the most prompt and decisive Measures for the speedy and entire Abolition of the mighty Evil of West Indian Slavery:"

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

Africans & Creoles in Jamaica, Accounts respecting, delivered, & referred to Com ee on West India Colonies.

The Viscount Goderich laid before the House, pursuant to an Order of the 9th of this instant July,

"An Account of the Numbers of the Africans and Creoles upon the Seventy-six Estates in the Parish of Trelawny, in the Island of Jamaica, at the Commencement of the Registry in the Year 1817; distinguishing Africans from Creoles, and their Sexes respectively:"

Also, "An Account of the Number of Births and Deaths (distinguishing in the latter only the Africans from the Creoles) which have occurred upon the same Seventy-six Estates, from the earliest to the latest Period of the Registration:"

And also, "A specified Account of the Ages of the Africans only upon the same Seventy-six Estates at the Commencement of the Registry, distinguished in Periods of Ten Years."

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

Ordered, That the said Papers be printed.

Ordered, That the said Papers be referred to the Select Committee on the State of the West India Colonies.

Reform (Ireland) Bill reported:

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to amend the Representation of the People of Ireland;" and for the Lords to be summoned;

It was moved, "That the said Report be now received."

The Question was put thereupon?

It was resolved in the Affirmative.

Then The Earl of Shaftesbury reported the said Amendments.

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

"Pr. 5. L. 7. After ("all") insert ("Rent and")

"Pr. 18. L. penult. After ("Proof") insert ("unless Cause to the contrary shall appear")

"Pr. 56. L. 9 & 10. In Schedule (C.) No. 2. annexed to the Bill:

"In the Third Column after ("Townland") insert ("Parish, Street")

"Pr. 58. L. 14. After ("all") insert ("Rent and")

"Pr. 62. L. 22. After ("all") insert ("Rent and")

Then the First Amendment made by the Committee to the said Bill, being read a Second Time, was agreed to by the House.

Then it was moved, in Press 6, Line 36, "to leave out from ("notwithstanding") to ("And") in Press 7, Line 8."

Which being objected to;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then the next Amendment made by the Committee to the said Bill, being read a Second Time, was agreed to by the House.

Then the following Amendment was made by the House to the said Bill:

Pr. 34. L. 23. Leave out ("be liable") and insert ("deposit or give Security in a sufficient Sum")

Then it was moved, in Press 50, Line 34, "after ("payable") to insert the following Clause:

"Provided always, and be it further enacted, That in order to enable the Chairman of the Sessions for the County of Dublin to discharge the Duties imposed on him by this Act, with regard to the Registry of Voters in and for the City of Dublin, at such Sessions as are to be holden for that Purpose, after the first or special Sessions for registering Voters, it shall and may be lawful for the Chairman of the Sessions of the County of Dublin to discharge the Duties of such subsequent Registries in and for the City of Dublin by a sufficient Deputy to be appointed by such Chairman for that Purpose, and which Deputy shall be a Barrister of Six Years Standing at the least at the Irish Bar, and shall be approved of by The Lord Lieutenant or other Chief Governor or Governors of Ireland; and that all the Powers, Duties, Rights and Privileges given or imposed by this Act upon such Chairman respecting such Registries are and shall be, by virtue of such Appointment and Approbation as aforesaid, given to and imposed on such Deputy; and that all Acts done by such Deputy respecting such Registries in and for the said City of Dublin shall be of the same Efficacy in Law as if done by the said Chairman himself; and such Deputy shall at the End of each Sessions be paid and remunerated in the same Manner and at the same Rate as any other Deputy appointed to register Votes under this Act."

The same was agreed to; and Ordered accordingly.

The rest of the Amendments made by the Committee to the said Bill, being read a Second Time, were, severally, agreed to by the House.

Order for 3 a.

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

Adjourn.

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