House of Lords Journal Volume 63: 18 August 1831

Die Jovis, 18° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Shaftesbury sat Speaker by virtue of a former Commission.

Whittet & Greig v. Johnston et al.

The Answer of George Richardson Johnston, and Wiltiam Glen Johnston his Mandatory, William Peddie and Alexander M'Kenzie his Mandatories or Factors and Commissioners; and of James Charles Johnston, Charles Richardson Johnston, David Johnston, Thomas Glen Johnston, Henry Johnston, John Richardson Johnston, Georgina Johnston and Harriet Johnston; and the said William Glen Johnston as Factor loco absentis of the said James Charles Johnston, and as Administrator in Law for the others, to the Petition and Appeal of Mrs. Jane Whittet or Greig, Wife of Alexander Greig of Hallgreig, Writer to the Signet, and of the said Alexander Greig as Husband of the said Mrs. Jane Whittet or Greig, and for his own Interest, and of the said Alexander Greig also as Administrator in Law for the Children procreated of the Marriage between him and the said Mrs. Jane Whittet or Greig, was this Day brought in.

Kennet Navigation Bill.

It was moved, "That the Order made on Monday last, "That the Bill, intituled, "An Act to alter and amend the several Acts for making navigable the River Kennet, in the County of Berks," be read the Third Time on Friday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

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

Wilson v. Ld. Kensington, & Meredith, Petition of Ld. Kensington to advance Appeal, referred to Appeal Com ee.

Upon reading the Petition of William Baron Kensington, One of the Respondents in a Cause depending in this House, to which Thomas Wilson is Appellant; praying their Lordships, "That this Appeal may be advanced and may be heard forthwith, the Petitioner not being able, during the Time that the said Appeal may be pending, to obtain from the Parties liable, under the Decree complained of by the Appellant, to account to the Petitioner for Tithes, any Account of or Satisfacfaction for such Tithes:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Visct Ashbrook's Claim to vote for Peers for Ireland, referred to Com ee for Privileges.

Upon reading the Petition of The Right Honorable Henry Jeffrey Flower Lord Viscount Ashbrook, of that Part of the United Kingdom called Ireland; setting forth, "That William Viscount Ashbrook, the Petitioner's late Brother, sat and voted in the House of Lords in Ireland previous to the Union of the Two Kingdoms: That the Petitioner's said Brother died on or about the 10th Day of January in the Year of our Lord 1802, without Issue; and that, upon the Death of the said William Viscount Ashbrook, the Title of Viscount Ashbrook devolved upon the Petitioner: That, in virtue of such Peerage, the Petitioner claims a Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom;" and therefore praying, "That his said Right may be admitted by their Lordships:"

It is Ordered, That the said Petition be referred to the Lords Committees for Privileges, to consider and report; and that the Committee do meet to consider thereof on Wednesday next.

Woolvercot Inclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for inclosing Lands in the Parish of Woolvercot, in the County of Oxford, and for commuting the Tithes of the said Parish."

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. Wing field and Mr. Roupell;

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

Kinnaird's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Hugh Kinnaird Esquire with Ann his now Wife, and to enable him to marry again; and for other Purposes."

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

It was resolved in the Affirmative.

Flathmann's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Herman Hinrich Flathmann."

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

It was resolved in the Affirmative.

Messages to H.C. with the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers;

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

Exeter Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend an Act of His late Majesty King George the Fourth, for repairing the several Roads leading to and from the City of Exeter, and for making certain new Lines of Road to communicate with the same, and for keeping in repair Exe Bridge and Countess Wear Bridge; and to make and maintain other Roads communicating with the said Roads."

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.

Warrington, &c. Railway Bill, Petitions against, referred to the Com ee:

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, being Owners and Occupiers of Estates within the Counties Palatine of Lancaster and Chester; taking notice of a Bill depending in this House, intituled, "An Act to enable the Company of Proprietors of the Warrington and Newton Railway to extend the said Railway from the Termination thereof at Bank Quay, in the Parish of Warrington, in the County Palatine of Lancaster, to Norton, in the County Palatine of Chester;" and praying their Lordships, "That the same may not pass into a Law, but that the Petitioners may be heard by their Counsel, Agents and Witnesses against the same, or against such Parts thereof as may affect them:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, and that the Petitioners be at liberty to be heard by their Counsel, Agents and Witnesses against the same, as desired.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, being Shareholders in the Warrington and Newton Railway; taking notice of the last-mentioned Bill, and praying their Lordships, "That the same may not pass into a Law, but that the Petitioners may be heard by their Counsel, Agents and Witnesses against the same, or against such Parts thereof as may affect them, and that if passed into a Law a distinct Company be formed:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, and that the Petitioners be at liberty to be heard by their Counsel, Agents and Witnesses against the same, as desired.

A Witness to attend the Com ee with Documents.

Ordered, That the proper Officer of the Warrington and Newton Railway Company do attend this House on Monday next, to be sworn, in order to his being examined as a Witness before the Committee to whom the last-mentioned Bill stands committed, and that he do bring with him the Books containing the Original Orders and Minutes of Proceedings, and the Books of Accounts of the said Company, and also all written Protests against the Proceedings of such Company during the Years 1830 and 1831, in order to their being produced before the said Committee.

Highland Society's Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for repealing, altering, enlarging and amending certain Provisions of an Act passed in the Fifty-sixth Year of the Reign of His late Majesty King George the Third, intituled, "An Act for the Incorporation of the Highland Society of London, for the better Management of the Funds of the Society, and for rendering its Exertions more extensive and beneficial to the Public," 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."

The House was adjourned during Pleasure.

The House was resumed by The Lord Tenterden, who sat Speaker by virtue of a former Commission.

Eau Brink Drainage Bill.

A Message was brought from the House of Commons, by Lord Francis Osborne and others;

With a Bill, intituled, "An Act to alter, amend and enlarge the Powers of the several Acts now in force relating to the new River or Cut from Eau Brink to King's Lynn, in the County of Norfolk, called the Eau Brink Cut; and to raise further Funds for carrying the said Acts into Execution;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Manchester, Bolton, &c. Railway Bill.

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

To return the Bill, intituled, "An Act to enable the Company of Proprietors of the Canal Navigation from Manchester to Bolton and to Bury to make and maintain a Railway from Manchester to Bolton and to Bury, in the County Palatine of Lancaster, upon or near the Line of the said Canal Navigation, and to make and maintain a Collateral Branch to communicate therewith;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Orford's Estate Bill.

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

To return the Bill, intituled, "An Act for vesting an Undivided Moiety of a Freehold Estate in Liverpool, in the County Palatine of Lancaster, late the Property of William Orford Esquire, deceased, in Trustees, for Sale, and for investing the Proceeds of such Sale for the Benefit of his infant Son and Heir at Law;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Liverpool Church Bill.

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

To return the Bill, intituled, "An Act for endowing a Church called Saint Bridgett, in the Parish of Liverpool, in the County Palatine of Lancaster;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Receivers of Taxes Bill.

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

With a Bill, intituled, "An Act for transferring the Duties of Receivers General of the Land and Assessed Taxes to Persons executing the Offices of Inspectors of Taxes, and for making other Provisions for the Receipt and Remittance of the said Taxes;" to which they desire the Concurrence of this House.

Candle Duties Repeal Bill.

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

With a Bill, intituled, "An Act to repeal the Duties of Excise and Drawbacks on Candles;" to which they desire the Concurrence of this House.

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

British Manufactures exported to Portugal & France, Accounts of, delivered.

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

He was called in; and delivered at the Bar, pursuant to Orders of the 12th Day of this instant August,

"An Account of the Declared Value of all British Manufactures exported to Portugal every Year during the last Three Years:"

And also "An Account of the Declared Value of all British Manufactures exported to France every Year during the last Three Years."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Accounts be printed.

Record of Proceedings in Court of King's Bench, (Ireland,) against D. O'Connell et al. delivered.

The House being informed, "That Mr. Johnson, from the Office of the Chief Secretary for Ireland, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of the 4th Day of this instant August,

"A Copy of the Record of the Proceedings in the Court of King's Bench in Ireland against Daniel O'Connell Esquire, and against Daniel O'Connell Esquire and others, in the Court of King's Bench in Ireland, together with the Date and respective Dates of such Record or Records."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Reform of Parliament, S. White's Petition in favor of.

Upon reading the Petition of Simon White, praying, "That their Lordships will, as speedily as may be, pass such Bill as may be presented from the Commons to them for reforming the Parliament:"

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

Slavery, Petition from Dissenters of Machynlleth for Abolition of.

Upon reading the Petition of the Members of Protestant Dissenting Congregations assembled in the Town of Machynlleth and its Vicinity, Montgomeryshire, whose Names are thereunto subscribed; praying their Lordships forthwith to pass a Law for the early and utter Extinction of Slavery in the Colonies of Great Britain:"

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

G. Pollard's Petition for Recompence for Designs for a Triumphal Arch at Brighton.

Upon reading the Petition of George Pollard of the Parish of Saint James, in the City of Westminster, in the County of Middlesex, Brass Founder and Artist; praying their Lordships, "That he may receive a fair Recompence for his original Designs for a Triumphal Arch and a Column to the Memory of His late Majesty King George the Fourth, to be erected at Brighton, in the County of Sussex:"

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

Belfast Harbour Bill reported:

The Earl of Gosford reported from the Lords Committees, to whom the Bill, intituled, "An Act for the further Improvement of the Port and Harbour of Belfast, in Ireland, and for other Purposes," 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. 12. L. 8. Leave out from ("Members") to ("of") in Line 9.

"Pr. 45. L. 9. After ("thereof") insert Clause A.

"Clause A. Provided always, and be it further enacted, That nothing herein contained shall extend or be construed to extend to enable the said Corporation to take or purchase any Part of the Dock or Timber Ponds, Fields or Premises, mentioned in the Schedule to this Act, and Plan, and numbered 74 and 74^a, without the Consent of Sir Stephen May, his Heirs and Assigns."

"Pr. 86. L. 34. Leave out ("said") and in the same Line after ("Docks") insert ("Roads")

"L. 35. After ("Works") insert ("by this Act authorized")

"Pr. 88. L. 15. After ("whatsoever") insert ("which they are by this Act authorized to take")

"L. 36. After ("also") insert ("subject to the several Restrictions and Conditions in this Act contained")

"Pr. 177. L. 20. After ("Donegal") insert ("his Heirs and Assigns")

"In the Schedule to the Bill:

"Pr. 180. L. 11. After ("Offices") leave out the whole of the Columns down to ("65 - Ditto Building Ground") inclusive, in Press 182, Line 34.

"Pr. 191. Lines 19, 20 & 21. In the First Column leave out ("219"), in the Third Column leave out ("Commissioners of Police"), and in the last Column leave out ("Trafalgar Street (to be widened)")

"L. 22. In the Third Column leave out ("Ditto") and insert ("Commissioners of Police")

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

Order for 3 a.

Ordered, That the said Bill be read the Third Time To-morrow.

Beer Act, Petition from Paddington for Repeal of.

Upon reading the Petition of the Inhabitant Householders of the Parish of St. Mary, Paddington, whose Names are thereunto subscribed; praying their Lordships "to repeal the Act known as the new Beer Act, or at least so much of it as relates to the consuming Beer on the Premises where sold:"

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

Militia Pay Bill:

Hodie 3^a vice lecta est Billa, 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 Thirtieth Day of June One thousand eight hundred and thirty-two."

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 the former Messengers;

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

Interpleader Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Courts of Law to give Relief against adverse Claims made upon Persons having no Interest in the Subject of such Claims."

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.

Arbitration Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for settling Controversies by Arbitration."

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.

Galway Harbour Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend and enlarge the Powers of an Act passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act for making and maintaining a Navigable Cut or Canal from Lough Corrib to the Bay of Galway, and for the Improvement of the Harbour of Galway."

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

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.

Augmentation of Ecclesiastical Benefices Bill.

Ordered, That the Bill, intituled, "An Act to extend the Provisions of an Act passed in the Twenty-ninth Year of the Reign of His Majesty King Charles the Second, intituled, "An Act for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies;" and for other Purposes;" be re-committed to a Committee of the Whole House on Monday next; and that the Lords be summoned.

Agricultural Labourers Employment Bill.

Ordered, That the Bill, intituled, "An Act for encouraging and facilitating the Employment of Labourers in Agriculture," be read a Second Time on Tuesday next; and that the Lords be summoned.

Lunatics Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for regulating for Three Years, and from thence until the End of the then next Session of Parliament, the Care and Treatment of Insane Persons in England;" and for the Lords to be summoned;

Ordered, That the House be put into a Committee upon the said Bill on Tuesday next; and that the Lords be summoned.

Beer Act Amendment Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to amend an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;" and for the Lords to be summoned;

The House was accordingly adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made several Amendments thereto, which he was ready to report, when the House will please to receive the same.

Ordered, That the said Bill, as amended, be printed.

Persons in Execution for Debt in the King's Bench Prison, &c. Order for Account of, discharged, & another Ordered.

It was moved, "That the Order made on Monday last, "That there be laid before this House forthwith, "A List of all Persons now in Execution for Debt in the King's Bench and Fleet Prisons, and White Cross Street Prison; setting forth the Name of every such Person, and the Time or Times when, and the Amount of the Debt or Debts for which such Person was charged in Execution; and mentioning whether such Person has petitioned the Court for the Relief of Insolvent Debtors for his or her Discharge, and whether any and what Proceedings have been had on such Petition," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That there be laid before this House forthwith, "An Account of all Persons now in Execution for Debt in the King's Bench and Fleet Prisons, and White Cross Street Prison; setting forth the Names of all such Persons as have been in Execution for not less than Six Months, and distinguishing other Prisoners by the Initial Letters only of their Names; and setting forth the Time or Times when, and the Amount of the Debt or Debts for which such Person was charged in Execution; and mentioning whether such Person has petitioned the Court for the Relief of Insolvent Debtors for his or her Discharge, and whether any and what Proceedings have been had on such Petition."

Mrs. Turton's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned."

After some Time, the House was resumed;

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made some Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received To-morrow.

Burning Land (Ireland) Bill presented.

The Marquess of Westmeath presented to the House a Bill, intituled, "An Act to provide against the setting aside, for Want of Form, Convictions for Offences in burning Land in Ireland."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Adjourn.

Dominus Tenterden declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum nonum diem instantis Augusti, horâ undecimâ Auroræ, Dominis sic decernentibus.