Martis, 20 die Julii;Anno 1° Willielmi IV ti Regis, 1830.
PRAYERS.
Report of Courts of Justice (Ireland), presented.
THE House being informed that Mr. Johnson, from
the Office of the Chief Secretary for Ireland, attended at the door, he was called in; and at the bar presented to the House, pursuant to their Order,-A Copy of
the Report of the Commissioners of Inquiry into the
Courts of Justice in Ireland (ordered by the Marquis
Wellesley, Viceroy of Ireland), on the conduct of James
Crosbie, Esquire, a Governor and Custos Rotulorum, of
the County of Kerry, in reference to some money transactions with Mr. James Kelly, and the proceedings of the
Sheriff of the said County, for the recovery of a debt due
by the said James Crosbie, as presented to the Irish Government by the said Commissioners:-And then he
withdrew.
Ordered, That the said Report do lie upon the Table.
Russell's Estate Bill, reported, with an Amendment.
Mr. Alderman Wood reported from the Committee, on
the ingrossed Bill from the Lords, intituled, An Act to
effect an Exchange of part of the Estates in the County of
Durham, devised by the Will and Codicil of William
Russell, Esquire, deceased, for part of the Estates comprised in the Settlement made in pursuance of the Articles
upon the Marriage of the Most honourable Charles William Vane, Marquess of Londonderry, with the Most honorable Frances Anne Vane, Marchioness of Londonderry;
That they had examined the allegations of the Bill, and
found the same to be true; and that the parties concerned had given their consent to the Bill to the satisfaction of the Committee; and that they had gone through
the Bill, and had made an Amendment thereunto; and
the Amendment was read, and is as followeth;
Pr. 91. l. ult. after "accordingly" insert "Provided
always, That the charge in exoneration and by way of
indemnity as aforesaid hereinbefore made upon such
of the hereditaments comprised in the said term of one
thousand five hundred years as are not comprised in
the said second Schedule to this Act, and upon the
hereditaments comprised in the said first Schedule
to this Act, and the powers hereinbefore given for
raising money by or out of the same hereditaments
respectively as aforesaid, shall or may respectively be
overreached by the exercise of any of the powers of
leasing and of sale and exchange, and other powers
contained in the said Indenture of Settlement of the
eighth day of June one thousand eight hundred and
twenty-two, in such and the same manner as if the said
charge and powers hereinbefore respectively contained
had respectively been contained in the said Indenture
of Settlement of the eighth day of June one thousand
eight hundred and twenty-two, and had thereby been
made subject to the said powers of leasing, selling and
exchanging, and other powers contained in the same
Indenture of Settlement, and such last-mentioned
powers shall and may take effect and be exercised
accordingly."
The said Amendment, being read a second time, was
agreed to by the House:-And the Bill was read the
third time.
Resolved, That the Bill, with the Amendment, do pass.
Ordered, That Mr. Alderman Wood do carry the Bill
to the Lords; and acquaint them, that this House hath
agreed to the same, with an Amendment; to which Amendment this House doth desire the concurrence of their
Lordships.
Return respecting Civil Departments, ordered.
Ordered, That there be laid before this House, a Return
of the Names and Offices of all Persons (in the sixty-nine
Offices returned in Parliamentary Paper, N° 480, of 1830)
who were employed in the respective Civil Departments
of the United Kingdom in the year 1792, whose Salary
and Emoluments exceeded £.250 per annum.
Petition against Renewal of East India Charter.
A Petition of Inhabitants of London and Westminster,
was presented, and read; praying the House to take such
measures as to them may seem meet for securing to the
nation at large that freedom of settlement in the British
possessions in the East, that freedom of trade with
China, and the other parts of the eastern world not subject
to our dominion, and that protection of person and property from all arbitrary rules and restrictions, which they
value as the most important birth-right of every subject
of the British Crown.
Ordered, That the said Petition do lie upon the Table;
and be printed.
Abstract Account of Shipping, ordered.
Ordered, That there be laid before this House, an Abstract Account of the Shipping employed from 1821 to
1829, both inclusive, with averages, classifying the
Countries.
Petition against Friendly Society Act.
A Petition of George Glenny, Actuary, was presented,
and read; praying the House to repeal so much of the
last Friendly Society Act as shall affect the rules, regulations, engagements or privileges of any Society which
shall have been duly enrolled, until such Societies shall,
of their own accord, for the sake of the privileges of the
last Act, enrol under the same.
Ordered, That the said Petition do lie upon the Table.
Abstract Account of Shipping, presented. No. 678.
Mr. Courtenay presented to the House, pursuant to their
Order,-An Abstract Account of the Shipping employed
from 1821 to 1829, both inclusive, with averages, classifying the Countries.
Ordered, That the said Account do lie upon the Table;
and be printed.
Returns, &c. ordered:
Ordered, That there be laid before this House, Returns
from the Clerks of each of the following Trusts:
Turnpike Road Trusts.
Of the several Turnpike Trusts between the town of
Warrington, in the county of Lancaster, and the city of
Carlisle; and between Carlisle and Glasgow, and Carlisle and Edinburgh by Selkirk:-of the several Turnpike
Trusts between Newcastle-upon-Tyne, through Jedburgh,
to Lauder:-of the several Turnpike Trusts between
Morpeth, through Coldstream, to Edinburgh:-of the
several Turnpike Trusts on the Mail-coach Road from
London to Manchester and Preston, and from Preston to
Liverpool; containing Answers to the following Queries:
1. The annual income of the Trust, taking the average
of the last five years; distinguishing the amount arising
from toll, the amount arising from composition for statute
labour, and the amount from other miscellaneous sources
of income.-2. The amount of debt for money borrowed,
with which the Trust is chargeable.-3. The length of
Road, according to the last measurement, under the
charge of the Trust; distinguishing the length of main
Road from the lateral branches.-4. The annual charge
for repairs, upon the average of the last five years.-
5. The amount which has been expended during the last
seven years for improvements different from ordinary
repairs.-6. A statement of the nature of the improvements (if any) now in progress, or proposed to be carried
into effect, and their probable expense.-7. Whether the
tolls are collected by the Trustees on their own account,
or leased by public auction or tender.-8. Whether stagecoaches pay toll on every time of passing the toll-gates.-
9. A scale of the rates of tolls levied.
Turnpike Road Plans, &c.
Ordered, That there be laid before this House a Copy
of the Instructions transmitted by His Majesty's Postmaster General to Mr. Telford, dated the 1st October
1824, directing him to survey the Road to the North of
Grantham, for the purpose of avoiding Gunerby Hill, in
the county of Lincoln; together with a Copy of all Reports, Surveys and Estimates made by Mr. Telford, in
obedience to such Instructions; and Copies of all Communications made by the Treasury or the Post Office of such
Reports and Surveys to the Trustees of the said Road;
with Copies of all Proceedings had by the said Trustees
thereon.
Ordered, That there be laid before this House, a Copy
of the Plan and Section of the Road across Gunerby Hill,
in the county of Lincoln; distinguishing the condition
thereof previous and subsequent to the late alterations
thereat; with an account of the Expense of executing the
same; and a Copy of all Proceedings of the Trustees of
the said Road connected with such alterations.
Ordered, That there be laid before this House, a similar
Plan, Section and Return in regard to the Road immediately to the south of Grantham.
Ordered, That there be laid before this House, a similar
Plan, Section and Return of the Road to the North of
Went Bridge, in the Doncaster and Tadcaster Turnpike
Trust.
Ordered, That there be laid before this House, a similar Plan, Section and Return in regard to the former
condition, and of all alterations made within the last six
years, or which are now in the progress of execution
on the Roads between Hatfield and Stevenage; with an
account of the actual or estimated Expense thereof; with
a Copy of the Plan, Section and Estimate of any other
proposed alterations on the said Roads, which have been
under the consideration of the Trustees of the said Roads,
and not adopted, with a Copy of the Proceedings of the
said Trustees relating thereto; with the Names of the
several Engineers by whom such improvements were
suggested.
Reports to be printed. No. 679.
Ordered, That the Reports respecting Gaols in Scotland,
which were presented to the House upon the 15th day of
June last, be printed.
Petitions for abolishing Slavery.
A Petition of Thomas Edwards;-of Members of the
Congregation of Independent Dissenters in Stroud, and
of other Inhabitants of that town;-of the Minister and
Members of the Congregation of Protestant Dissenters
assembling in the Independent Chapel, Blackburn;-of
Graduate and Undergraduate Members of the university
of Oxford;-of Inhabitants of Frome Selwood;-and, of
Members of the Congregation of Independent Protestant
Dissenters assembling for divine worship at Salem Chapel
in Leeds,-were presented, and read; praying the House
to adopt forthwith such decisive measures as shall deprive
the slave-holder of his power over the person of the slave,
and terminate, as speedily as possible, the system of slavery in every part of His Majesty's dominions.
And the said Petitions were ordered to lie upon the
Table; and, except the first, to be printed.
Address for Account of Committals.
Resolved, That an humble Address be presented to His
Majesty, that He will be graciously pleased to give directions, that there be laid before this House, an Account
of the number of persons committed to the several Bridewells, Houses of Correction, and other Prisons, under
summary process, in each County of England and Wales,
in each of the sixteen years from 1814 to 1829, as far as
the same can be made out.
Ordered, That the said Address be presented to His
Majesty by such Members of this House as are of His
Majesty's most honourable Privy Council.
Petition against Oaths.
A Petition of Christian People resident in Belfast and
Newry, was presented, and read; complaining of the
grievances under which they lie in the matter of Oaths;
and setting forth, That the Petitioners, however, are at
liberty in their consciences to confirm, on any suitable
occasion, by any simple Affirmation the most solemn, their
testimony of facts, or their acknowledgment of duty, and
their declaration of serious purpose, to act accordingly,
through the help of God; and inasmuch as the Legislature has heretofore admitted an Affirmation in place of an
Oath in the case of two other classes of religious professors
(the people called Quakers and Moravians) they, with all
humility, pray to be favoured with a similar indulgence.
Ordered, That the said Petition do lie upon the Table.
The Lords have agreed to
A Message from the Lords, by Sir Giffin Wilson and
Mr. Henley Eden:
Mr. Speaker,
The Lords have agreed to the several Bills following,
without any Amendment; viz.
Consolidated Fund (£.1,500,000.) Bill.
A Bill, intituled, An Act to apply the sum of One million five hundred thousand pounds out of the Consolidated Fund to the service of the year One thousand eight
hundred and thirty, and to appropriate the Supplies
granted in this Session of Parliament:
Registrar at Madras Bill.
A Bill, intituled, An Act for the Relief of the Sufferers
by the Insolvency of Gilbert Ricketts, Esquire, formerly
Registrar of the Supreme Court of Judicature at Madras:
-And then the Messengers withdrew.
Amendments to Forgeries Punishment Bill, agreed to.
Ordered, That the Amendments made by the Lords to
the Bill, intituled, An Act for reducing into one Act all
such Forgeries as shall henceforth be punished with Death,
and for otherwise amending the Laws relative to Forgery,
be now taken into consideration:-The House accordingly proceeded to take the said Amendments into consideration; and the same were read; and are as followeth;
Pr. 4. 1. ult. Leave out from "mentioned" to "And"
in line 1 of Clause (A.) added to the Bill in pr. 6. 1. 29.
In Clause (A.) added to the Bill,
Pr. 1. 1. 21. After "Bill" insert "or any will,
testament, codicil, or testamentary writing."
Pr. 1. 1. 35. Leave out from "shall" to the end
of the Clause, and insert "suffer death as a felon."
In Clause (B.) added to the Bill,
Pr. 1. 1. 12. After "law" insert "a will, testament, codicil or testamentary writing or."
Pr. 1. 1. 31. Leave out from "and" to the end
of the Clause, and insert "punished with death
accordingly."
Pr. 7. 1. 26. Leave out the interlineation to the Bill,
and insert "suffer death as a felon."
Pr. 8. 1. 29. Leave out the interlineation to the Bill,
and insert "suffer death as a felon."
Pr. 26. 1. 6. Leave out the interlineation to the Bill.
Pr. 41. 1. 9. Leave out "present," and in the same
line, after "reign," insert "of his late Majesty King
George the Fourth."
Pr. 41. 1. 36. Leave out "last" and insert "twentieth."
Pr. 41. 1. 37. Leave out "June" interlined, and insert "July."
Pr. 42. 1. 6. Leave out "last" and insert "twentieth,"
and, in the same line, leave out "June" interlined, and
insert "July."
Pr. 42. 1. 11. Leave out "last" and insert "twentieth."
Pr. 42. 1. 12. Leave out "June" interlined, and insert "July."
Pr. 42. 1. penult. After "the" insert "twenty."
And a Motion being made, and the Question being proposed, That the Amendments be now read a second time;
The Amendments following were proposed to be made
to the Question; viz. To leave out the word "now," and,
at the end of the Question, to add the words "upon this
day fortnight."
And the Question being put, That the word "now"
stand part of the Question;
|
| The House divided. |
|
| The Yeas went forth. |
|
| Tellers for the Yeas, |
Mr. Planta, |
74. |
| Mr. George Bankes:
|
| Tellers for the Noes, |
Mr. Stewart, of Beverley, |
10. |
| Mr. Robinson:
|
So it was resolved in the Affirmative.
Then the main Question being put;
Ordered, That the Amendments be now read a second
time.
The first Amendment, in pr. 4. 1. ult. which was, "leave
out from 'mentioned' to 'And' in line 1, of Clause
(A.) added to the Bill in pr. 6. line 29," being accordingly read a second time;
And a Motion being made, and the Question being put,
That this House doth agree to the said Amendment;
|
| The House divided. |
|
| The Yeas went forth. |
|
| Tellers for the Yeas, |
Mr. Planta, |
67. |
| Mr. George Bankes:
|
| Tellers for the Noes, |
Mr. Stewart, of Beverley, |
28. |
| Mr. Robinson:
|
So it was resolved in the Affirmative.
Then the subsequent Amendments, being read a second
time, were agreed to by the House.
Ordered, That Sir Alexander Grant do carry the Bill
to the Lords; and acquaint them, that this House hath
agreed to the Amendments made by their Lordships.
The Lords have agreed to
A Message from the Lords, by Sir Giffin Wilson and
Mr. Henley Eden:
Mr. Speaker,
Court of Session (Scotland) Bill, with Amendments.
The Lords have agreed to the Bill, intituled, An Act
for uniting the benefits of Jury Trial in Civil Causes with
the ordinary Jurisdiction of the Court of Session, and for
making certain other alterations and reductions in the
Judicial Establishments of Scotland, with some Amendments; to which Amendments the Lords desire the concurrence of this House: And also,
Address relating to Sir Jonah Barrington.
The Lords have commanded us to acquaint this House,
That the Lords have agreed to the Address of this House
to His Majesty, communicated to their Lordships at a Conference on the 25th day of May last, and have filled up
the blank with "Lords Spiritual and Temporal, and:"-
And then the Messengers withdrew.
Amendments to Court of Session (Scotland) Bill, agreed to.
The House proceeded to take into consideration the
Amendments made by the Lords to the Bill, intituled,
An Act for uniting the benefits of Jury Trial in Civil
Causes with the ordinary Jurisdiction of the Court of
Session, and for making certain other alterations and reductions in the Judicial Establishments of Scotland; and
the same were read, and are as followeth;
Pr. 1. 1. 3. Leave out "late."
Pr. 1. 1. 15. Leave out "late."
Pr. 1. 1. 26. Leave out "present" and insert "late;"
and in the same line, after "Majesty" insert "King
George the Fourth."
Pr. 2. 1.24. After "His" insert "late."
Pr. 2. 1.34. Leave out "have."
Pr. 2. 1.35. After "His" insert "late."
Pr. 3. 1. 2. Leave out "and," and in the same line,
after "amended," insert "and continued."
Pr. 3. 1. 3. Leave out "particulars" and insert "parts."
Pr. 4. 1. 19. Leave out from "shall" to "and" in line 30,
and insert "depend."
Pr. 4. 1. 36. Leave out "originating" and insert "depending."
Pr. 5. 1. 3. After "causes" insert "not being inconsistent with the provisions of this Act."
Pr. 5. 1. 6. After "all" insert "such," and in
the same line leave out from "Duties" to "and" in
line 9.
Pr. 5. 1. 14. After "form" insert "a competent."
Pr. 6. 1. 6. After "depend" insert Clause (A.)
Clause (A.) "Provided always, and it is hereby
Enacted, That if the Judges of the Court of Session,
who had held the office of Commissioners of the Jury
Court, shall, before the expiry of three years, be reduced to two, it shall be competent to the Lord President of either division to proceed to trial, if he think
fit, without any Judge who has formerly been of the
Jury Court, and they are hereby empowered so to
proceed."
Pr. 6. 1. 23. Leave out from "always" to "that" in
line 30.
Pr. 7. 1. 27. Leave out "upon every Monday and."
Pr. 9. 1. 16. Leave out "may either" and insert
shall."
Pr.9. 1. 18. Leave out from "offences" to "provided"
in line 22.
Pr. 9. 1. 25. After "Session" insert "if in their
judgment it shall be considered necessary."
Pr. 9. 1. 28. After "and" insert "if necessary."
Pr. 9. 1. 31. Leave out "herein last-mentioned" and
insert "provided by the before-recited Acts."
Pr. 11. 1. 13. Leave out "and" and insert "shall
be continued and remain in force until altered or revoked by Parliament, and that."
Pr. 11. 1. 19. After "Session" insert "established
and enforced by Act of Sederunt."
Pr. 11. 1. 20. Leave out "provisions."
Pr. 11. 1. 24. Leave out from "by" to "and" in line
25, and insert "Acts of Sederunt."
Pr. 12. 1. 29. After "Majesty" insert Clause (B.)
Clause (B.) "And be it Enacted, That when the
office of Lord Justice General shall have devolved upon
the Lord President of the Court of Session, and when
he shall deem it expedient to be present at any Circuit
Court, it shall be lawful for him to despatch business
in such court, whether any other Judge or Judges of
the Court of Justiciary be or be not present; any thing
contained in an Act of the Parliament of Scotland, passed
in the year one thousand six hundred and seventytwo, intituled, 'An Act concerning the Regulation of
the Judicatories,' or in an Act passed in the twentieth
year of the reign of his Majesty King George the Second, intituled, 'An Act for taking away and abolishing the Heretable Jurisdictions in that part of Great
Britain called Scotland, and for making satisfaction to
the Proprietors thereof, and for restoring such Jurisdictions to the Crown, and for making more effectual
provision for the administration of Justice throughout
that part of the United Kingdom by the King's Courts
and the Judges there, and for obliging all persons, acting as Procurators, Writers or Agents in the Law in
Scotland, to take the oaths, and for rendering the Union
of the Kingdoms more complete,' or in any other law
or custom to the contrary notwithstanding."
Pr. 13. 1. 3. Leave out "chief."
Pr. 14. 1. 35. Leave out "present" and insert "late,"
and in the same line, after "Majesty," insert "King
George the Fourth."
Pr. 17. 1. ult. After "that" insert "if any doubt shall
arise touching the transmission of any such process, it
shall be competent to the Clerk of the High Court of
Admiralty, or to any party in any such cause, to apply
to the Lord Ordinary on the Bills, who shall give directions thereupon, and whose directions shall be
final: And provided also, That."
Pr. 18. 1. 32. Leave out "present" and insert "late,"
and in the same line, after "Majesty," insert "King George
the Fourth."
Pr. 21. 1. 34. Leave out from "Account" to "And"
in pr. 22. 1. 10, and insert Clause (C.)
Clause (C.) "And be it Enacted, That it shall and
may be lawful for the incorporated solicitors practising
before the Consistorial Court of Edinburgh previous to
the passing of this Act, and they and each of them are
and is hereby authorized and empowered during their
respective lives to conduct as agents or agent before the
Court of Session all or any causes or proceedings such
as have heretofore been carried on before the Court of
the Commissaries of Edinburgh, which may hereafter
be proceeded in, heard or determined before the Court
of Session."
Pr. 23. 1. 13. Leave out "present" and insert "late,"
and in the same line, after "Majesty," insert "King
George the Fourth."
In the second column of the Schedule annexed to the
Bill, line 1, leave out "cause" and insert "causes."
The said Amendments, being read a second time, were
agreed to by the House.
Ordered, That Sir Alexander Grant do carry the Bill
to the Lords; and acquaint them, that this House hath
agreed to the Amendments made by their Lordships.
The King appoints to be attended with the Address of both Houses, respecting Sir Jonah Barrington.
A Message from the Lords, by the Clerk Assistant, and
the additional Clerk Assistant:
Mr. Speaker,
The Lords have commanded us to acquaint this House,
That His Majesty has appointed Thursday next, at Two
o'clock, at His Palace at Saint James, to be attended with
the Address of both Houses of Parliament, and that their
Lordships have ordered the Lord Steward and the Lord
Chamberlain of the Household to attend His Majesty
therewith, on the part of their Lordships, and to desire
this House to appoint a proportionable number of its
Members to go with them:
And the Lords have also commanded us to acquaint
this House, That, from the absence of their usual Messengers, and the urgency of the case, the Lords have been
induced to send us with this Message:-And then the
Messengers withdrew.
Resolved, That this House doth acquiesce in the reasons assigned by the Lords for sending the said Message by their Clerk Assistant, and additional Clerk Assistant, instead of the usual Messengers; trusting that the
same will not be drawn into precedent for the future.
House appoints Four Members to wait on His Majesty.
Resolved, That four Members of this House do go with
the Lords mentioned in the said Message to wait upon
His Majesty with the said Address.
Ordered, That Lord Francis Leveson Gower, Sir Henry
Hardinge, Sir George Warrender, and Sir Alexander
Grant, do go with the Lords mentioned in the said Message to wait upon His Majesty with the said Address.
And the Messengers were again called in; and Mr.
Speaker acquainted them therewith:-And then they
again withdrew.
And then the House adjourned till Thursday next.