House of Lords Journal Volume 62
12 May 1830

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'House of Lords Journal Volume 62: 12 May 1830', Journal of the House of Lords: volume 62: 1830, pp. 380-383. URL: http://www.british-history.ac.uk/report.aspx?compid=16346 Date accessed: 28 August 2014.


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Contents

Die Mercurii, 12 Maii 1830.
Mullins et al. v. Townsend. Hollingrake's Patent Bill, Lords added to Select Com ee on. Cathcart v. Sir J. A. Cathcart & Ritchie. Bp. London's Estate Bill: Message to H.C. with it. Ashbourne & Sudbury Roads Bill: Foston Bridge Road Bill: Mansfield & Chesterfield Roads Bill: Limerick Hospital Bill: Messages to H.C. that the Lords have agreed to the 4 preceding Bills. Shakerley's Divorce Bill. Kingston Bridge Bill. Birmingham Road Bill. Stamford Road Bill. Great Strickland, &c. Inclosure Bill. Navy Pay Bill. Wayte's Petition for a Bill to annual the Marriage of Elizabeth Hickson, Report from Com ee: Leave for a Bill. Ld. Cremorne's Estate Bill. Bath Hospital Bill. Queensferry Road Bill. Caithness Roads Bill. Cowfold Roads Bill. Leeds & Selby Railway Bill. Glasgow Royalty Extension Bill. Louth, &c. Roads Bill. London Assurance Companies Bill. Walsall, &c. Roads Bill. Rights of Executors Bill. Ashburton Roads Bill, Petition against. East India, &c. Trade, Petition from Stockport for opening, referred to East India Com ee. Hickson's Marriage Annulling Bill presented: Order for 2d Reading: Copy of Bill to be served on T. Buxton: Witnesses to attend. British Spirits, Petitions against additional Duty on: (Linlithgow:) West Lothian Agricultural Society: Provost, &c. of Linlithgow: Freeholders, &c. of Forfar: Farmers, &c. of Forfar. Marshall's Estate Bill. Werneth, &c. Roads Bill. Tiverton Roads Bill, Petition against. Hollingrake's Patent Bill, Report from Select Com ee. Lords summoned. Adjourn.

Die Mercurii, 12 Maii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Ds. Lyndhurst
Cancellarius.
Epus. Londinen.
Epus. Carliol.
Ds. King.
Ds. Monson.
Ds. Rolle.
Ds. Bolton.
Ds. Dufferin & Claneboye.
Ds. Redesdale.
Ds. Mont Eagle.
Ds. Bexley.
Ds. Wharncliffe.
Ds. Durham.
Ds. Skelmersdale.
Comes Rosslyn, C. P. S.
Comes Shaftesbury.
Comes Rosebery.
Comes Stanhope.
Comes Brooke & Warwick.
Comes Hardwicke.
Comes Carnarvon.
Comes Malmesbury.
Comes Stradbroke.
Vicecom. Arbuthnott.
Vicecom. Doneraile.
Vicecom. Duncan.
Vicecom. St. Vincent.
Vicecom. Lorton.

PRAYERS.

Mullins et al. v. Townsend.

Ordered, That the Hearing of the Cause wherein The Honorable Edward Mullins and others are Appellants, and John Townsend Esquire is Respondent, which stands appointed for this Day, be put off to Friday next.

Hollingrake's Patent Bill, Lords added to Select Com ee on.

Ordered, That The Lord Privy Seal, The Earl of Malmesbury and The Viscount Saint Vincent be added to the Select Committee appointed to enquire into the Expediency or Inexpediency of the Regulations contained in a Bill, intituled, "An Act for prolonging the Term of certain Letters Patent granted to James Hollingrake, for an improved Method of manufacturing Copper or other Metal Rollers, and of casting and forming Metallic Substances into various Forms with improved Closeness and Soundness of Texture," pursuant to the Standing Order No. 198.

Cathcart v. Sir J. A. Cathcart & Ritchie.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Cathcart Esquire is Appellant, and Sir John Andrew Cathcart Baronet and Henry Ritchie Esquire are Respondents, ex-parte, the Respondents not having put in their 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 Respondents put in their Answer thereto in the mean time.

Bp. London's Estate Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling The Bishop of London to grant Building Leases of certain Estates belonging to the said See."

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 Mr. Farrer and Sir Giffin Wilson;

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

Ashbourne & Sudbury Roads Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing, altering and improving the Roads from Ashbourne to Sudbury, and from Sudbury to Yoxall Bridge, and from Hatton Moor to Tutbury, and from Uttoxeter to or near the Village of Draycott-in-the-Clay, and from Hadley Plain, on the late Forest or Chase of Needwood, to Callingwood Plain, on the same late Forest or Chase."

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

It was resolved in the Affirmative.

Foston Bridge Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road from Foston Bridge to the Division Stone on Witham Common, in the County of Lincoln."

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

It was resolved in the Affirmative.

Mansfield & Chesterfield Roads Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road from Temple Normanton to Bunting field Nook, in the County of Derby, and the Road from Tupton Nether Green to Stubbing Edge Lane and Knot Cross, in the said County."

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

It was resolved in the Affirmative.

Limerick Hospital Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Management and Direction of the Hospital founded by Joseph Barrington and his Sons in the City of Limerick."

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 4 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.

Shakerley's Divorce Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to dissolve the Marriage of Charles Peter Shakerley Esquire, of the Parish of Egham, in the County of Surrey, with Laure Angelique Rosalbe Shakerley his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Kingston Bridge Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for amending and extending the Provisions of an Act passed in the Sixth Year of the Reign of His present Majesty, for the rebuilding of Kingston Bridge, and for improving and making suitable Approaches thereto."

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

L. Bp. London.
L. Bp. Carlisle.
L. King.
L. Monson.
L. Rolle.
L. Bolton.
L. Dufferin & Claneboye.
L. Redesdale.
L. Mont Eagle.
L. Bexley.
L. Wharncliffe.
L. Durham.
L. Skelmersdale.
L. Privy Seal.
E. Shaftesbury.
E. Rosebery.
E. Stanhope.
E. Brooke & Warwick.
E. Hardwicke.
E. Carnarvon.
E. Malmesbury.
E. Stradbroke.
V. Arbuthnott.
V. Doneraile.
V. Duncan.
V. St. Vincent.
V. Lorton.

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.

Birmingham Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road from Birmingham, through Warwick and Warmington, in the County of Warwick, to the utmost Limits of the said County on Edgehill."

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.

Stamford Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road leading from the Town of Stamford to the Division Stone in South Witham, in the County of Lincoln."

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.

Great Strickland, &c. Inclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for inclosing Lands in the Townships of Great Strickland and Thrimby, in the Parish of Morland, in the County of Westmorland."

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.

Navy Pay Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to amend and consolidate the Laws relating to the Pay of the Royal Navy."

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.

Wayte's Petition for a Bill to annual the Marriage of Elizabeth Hickson, Report from Com ee:

The Earl of Shaftesbury reported from the Committee of the Whole House, to whom the Petition of Mary Ann Wayte of Stenson, in the County of Derby, the Wife of George Wayte of the same Place, Gentleman, and of the said George Wayte her Husband; praying, "That Leave may be given to bring in a Bill to annul and declare void the alleged Marriage between Thomas Buxton and Elizabeth Hickson;" and also the Petition of Thomas Buxton, formerly of Stenson, in the County of Derby, Farmer, and now a Prisoner in the Castle of Lancaster; praying, "That this House will reject the Application to dissolve the Marriage of the Petitioner and Miss Hickson, which is a valid Marriage by the Laws of the Land, and that their Lordships will not pass a Bill to annul a legal Contract, founded upon long Acquaintance, mutual Attachment, Parity of Years and of Condition, and freely, voluntarily and solemnly entered into by both Parties," were referred; "That the Committee had met, and considered the said Petitions, and had come to the following Resolution; (viz.)

"Resolved, That it is the Opinion of this Committee, That Leave should be given to bring in a Bill to declare void an alleged Marriage between Elizabeth Hickson, an Infant, and Thomas Buxton."

Which Report being read by the Clerk;

Leave for a Bill.

Ordered, That Leave be given to bring in a Bill to annul and declare void the alleged Marriage between Elizabeth Hickson, an Infant, and Thomas Buxton.

Ld. Cremorne's Estate Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Guardian of The Right Honorable Richard Lord Cremorne, an Infant, to carry into Effect a Contract entered into for the Purchase of Rockcorry Castle and adjoining Lands, in the County of Monaghan, in Ireland."

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 Monday the 24th of this instant May, at the usual Time and Place; and to adjourn as they please.

Bath Hospital Bill.

A Message was brought from the House of Commons, by Sir Thomas Lethbridge and others;

With a Bill, intituled, "An Act for altering and amending an Act passed in the Twelfth Year of His Majesty King George the Second, for establishing and well-governing an Hospital or Infirmary in the City of Bath, and for constructing Baths therein, and supplying the same with Water from the Hot Baths in the said City;" to which they desire the Concurrence of this House.

Queensferry Road Bill.

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

With a Bill, intituled, "An Act for more effectually repairing and keeping in Repair the Road from Cramon Bridge to the Town of Queensferry, the Road leading Westward therefrom through Dalmeny to Echline, and the Road from the West End of the said Town of Queensferry to the Town of Linlithgow, in the County of Linlithgow;" to which they desire the Concurrence of this House.

Caithness Roads Bill.

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

With a Bill, intituled, "An Act for making, repairing, widening and keeping in Repair certain Roads and Bridges in the County of Caithness, and for better regulating and rendering more effectual the Statute Labour in the said County, and Conversion Money in lieu thereof;" to which they desire the Concurrence of this House.

Cowfold Roads Bill.

A Message was brought from the House of Commons, by Sir Charles Burrell and others;

With a Bill, intituled, "An Act for more effectually repairing the Roads from Hand Cross, through Cowfold, to Corner House, and from thence to the Turnpike Road from Horsham to Steyning, and from Corner House aforesaid to the Maypole, in the Town of Henfield, and certain Branches therefrom, all in the County of Sussex;" to which they desire the Concurrence of this House.

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

Leeds & Selby Railway Bill.

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

To return the Bill, intituled, "An Act for making a Railway from the Town of Leeds to the River Ouse, within the Parish of Selby, in the West Riding of the County of York;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Glasgow Royalty Extension Bill.

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

With a Bill, intituled, "An Act for extending the Civil and Criminal Jurisdiction of the Magistrates and the Town or Burgh and Dean of Guild Courts of Glasgow over the Lands of Blythswood and adjacent Lands; and for amending the Acts relating to the Police of the said City;" to which they desire the Concurrence of this House.

Louth, &c. Roads Bill.

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

With a Bill, intituled, "An Act for more effectually repairing and improving the Roads from Saltfleet to the Town of Horncastle, and other Roads therein mentioned, all in the County of Lincoln;" to which they desire the Concurrence of this House.

London Assurance Companies Bill.

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

With a Bill, intituled, "An Act to enable the London Assurance Companies and their Successors to purchase Annuities upon or for Lives, and also to lend Money or Stock upon Mortgage, for the Purpose of Investment;" to which they desire the Concurrence of this House.

Walsall, &c. Roads Bill.

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

With a Bill, intituled, "An Act for improving and maintaining the Road leading from Walsall to Muckley Corner, near Lichfield, and other Roads in the County of Stafford;" to which they desire the Concurrence of this House.

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

Rights of Executors Bill.

A Message was brought from the House of Commons, by Sir Charles Burrell and others;

With a Bill, intituled, "An Act for making better Provision for the Disposal of the undisposed-of Residues of the Effects of Testators;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Ashburton Roads Bill, Petition against.

Upon reading the Petition of the Trustees of the Consolidated Ashburton and Totness Turnpike, in the County of Devon, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for more effectually repairing and improving several Roads leading to and from or near to the Towns of Ashburton and Totness, in the County of Devon;" and praying their Lordships "to permit the Number of Trustees to stand as they are now inserted in the said Bill, as the best Security for conducting the Business of the said Trust with due Regard to the Interests of the Creditors of the said Trust and of the Public; and that a Clause exempting Lime for the Improvement of Land from the Payment of Toll, provided the Fellies of the Wheels of the Carts or Carriages in which it is drawn be of the Breadth now required by Law, may continue to form one of the Provisions of the said Bill, because Lime forms the sole Manure of the Lands through which the said Roads pass, and the Payment of Toll on Lime would be so heavy an additional Burden on the poorer Lands of the Neighbourhood, that it would occasion their being thrown out of Cultivation:"

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

East India, &c. Trade, Petition from Stockport for opening, referred to East India Com ee.

Upon reading the Petition of the Merchants, Manufacturers and others of Stockport and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That at the earliest practicable Period the Trade to the Interior of India and China may be thrown open; the Monopoly in Tea cease; the Right to proceed to and settle in India be materially enlarged; and further, that Enquiry may be instituted into the present Condition of the Countries now subject to the British Crown within the Limits of the East India Company's Charter, in order that such Measures may be adopted as shall most speedily develope the Native Resources of those Regions, and most effectually promote the permanent Welfare of their Inhabitants:"

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

Ordered, That the said Petition be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Hickson's Marriage Annulling Bill presented:

The Lord Bishop of London presented to the House a Bill, intituled, "An Act to declare void an alleged Marriage between Elizabeth Hickson, an Infant, and Thomas Buxton."

The said Bill was read the First Time.

Order for 2d Reading:

Ordered, That the said Bill be read a Second Time on Monday the 24th of this instant May; and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that Mary Ann Wayte and George Wayte her Husband may be heard, by their Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill.

Copy of Bill to be served on T. Buxton:

Ordered, That a Copy of the said Bill be served on the said Thomas Buxton, and that Notice be given him of the said Second Reading.

Witnesses to attend.

Ordered, That The Reverend Cecil Daniel Wray, One of the Chaplains of the Parish Church of the Parish of Manchester, in the County of Lancaster, or other Person in whose Custody the Register Book of Banns of Matrimony published in the said Parish during the Months of May and June 1828, and also the Register Book of Marriages solemnized in the said Parish for the same Month of June, respectively are, do attend this House on Monday the 24th of this instant May, and do bring with him the said respective Register Books, in order to their being produced upon the Second Reading of the lastmentioned Bill.

Ordered, That The Reverend Peter Hordern and Thomas Agar do attend this House on Monday the 24th of this instant May, in order to their being examined as Witnesses upon the Second Reading of the last-mentioned Bill.

British Spirits, Petitions against additional Duty on: (Linlithgow:)

Upon reading the Petition of the Freeholders, Justices of the Peace, and Commissioners of Supply of the County of Linlithgow, whose Names are thereunto subscribed;

West Lothian Agricultural Society:

And also, Upon reading the Petition of the Members of the West Lothian Agricultural Society, and others interested in the Agriculture of the County, whose Names are thereunto subscribed; severally praying their Lordships, "That whatever Measure for encreasing the Duty on all Home-made Spirits consumed in England Parliament, in its Wisdom, may be pleased to adopt, Care may be taken for maintaining the Interest of those Individuals who have expended their Capital on the Faith of the existing Laws, and for affording adequate Protection to the Agriculturists of the Kingdom:"

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

Provost, &c. of Linlithgow:

Upon reading the Petition of The Provost, Magistrates and Town Council of the Royal Burgh of Linlithgow, under their Common Seal; praying their Lordships "to prevent the proposed Addition of One Shilling upon the Gallon of British Spirits, without any additional Duty being imposed on Rum, a Consequence which the Petitioners are apprehensive may fall upon the Agriculture of their Part of the Country:"

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

Freeholders, &c. of Forfar:

Upon reading the Petition of the Noblemen, Freeholders, Justices of the Peace, and Commissioners of Supply of the County of Forfar, whose Names are thereunto subscribed; praying, "That their Lordships will not pass the Bill at present in Parliament for imposing an additional Duty upon British Spirits:"

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

Farmers, &c. of Forfar.

Upon reading the Petition of the Landowners, Farmers, and others, in the County of Forfar, in that Part of the United Kingdom called Scotland, whose Names are thereunto subscribed; praying their Lordships, "That if it shall be deemed necessary to encrease the Duty on Home-made Spirits, the Petitioners trust their Lordships will be graciously pleased to make a corresponding Encrease on the Duty upon Rum:"

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

Marshall's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable the Trustees under the Marriage Settlement of Bouchier Marshall Clerk, deceased, and Elizabeth his Wife, also deceased, to effect a Sale of the Advowson of the Church of Bow otherwise Nymet Tracy, in the County of Devon," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Werneth, &c. Roads Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for improving and maintaining the Road from Werneth to Littleborough, and other Roads communicating therewith, in the County of Lancaster," 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."

Tiverton Roads Bill, Petition against.

Upon reading the Petition of the Inhabitants of the Parish and Neighbourhood of Bampton, in the County of Devon, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for improving several Roads and making certain new Roads in the Counties of Devon and Somerset, leading to and from the Town of Tiverton; and for amending an Act of His present Majesty, for repairing several Roads leading from and through the Town of Wiveliscombe;" and praying their Lordships "so to amend the Bill that the Petitioners may pay no higher Tolls than are paid at any other Gates within the Trust:"

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

Hollingrake's Patent Bill, Report from Select Com ee.

The Earl of Shaftesbury reported from the Lords Committees appointed a Select Committee to enquire into the Expediency or Inexpediency of the Regulations contained in the Bill, intituled, "An Act for prolonging the Term of certain Letters Patent granted to James Hollingrake, for an improved Method of manufacturing Copper or other Metal Rollers, and of casting and forming Metallic Substances into various Forms with improved Closeness and Soundness of Texture;" "That the Committee had met, and had examined Witnesses relative to the Subject Matter referred to them; and it appears to the said Committee that it is expedient that the House should proceed in the Consideration of the said Bill; and that the Committee had directed him to report to the House the Evidence taken before the Committee."

Which Report, being read by the Clerk, was agreed to by the House.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House To-morrow.

Adjourn.

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