Die Sabbati, 15° Octobris 1831.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
|
|
|
Dux Cumberland. |
Ds. Brougham
& Vaux,
Cancellarius. |
Epus. Landaven.
Epus. Cicestrien.
-
Vicecom. Lorton.
Vicecom. Gordon.
Vicecom. Goderich.
Ds. Melbourne, Unus Primariorum
Secretariorum.
Ds. Howard of Effingham.
Ds. Stafford.
Ds. Saltoun.
Ds. Colville of Culross.
Ds. Napier.
Ds. Belhaven & Stenton.
Ds. Ducie.
Ds. Sundridge & Hamilton.
Ds. Sherborne.
Ds. Montagu.
Ds. Douglas of Douglas.
Ds. Auckland.
Ds. Mendip.
Ds. Redesdale.
Ds. Ellenborough.
Ds. Sheffield.
Ds. Ker.
Ds. Maryborough.
Ds. Lyndhurst.
Ds. Melros.
Ds. Stuart de Rothesay.
Ds. Clanwilliam.
Ds. Skelmersdale.
Ds. Fingall.
Ds. Clements.
Ds. Poltimore.
Ds. Dinorben. |
March. Lansdowne,
Præses.
Dux Norfolk,
Marescallus.
Dux Richmond.
Dux Beaufort.
Dux Wellington.
March. Cleveland.
Comes Westmorland.
Comes Essex.
Comes Carlisle.
Comes Doncaster.
Comes Shaftesbury.
Comes Abingdon.
Comes Jersey.
Comes Poulett.
Comes Dartmouth.
Comes Hardwicke.
Comes Ilchester.
Comes De Lawarr.
Comes Bathurst.
Comes Beverley.
Comes Mansfield.
Comes Carnarvon.
Comes Rosslyn.
Comes Grey.
Comes Harrowby.
Comes Mulgrave.
Comes Morley.
Comes Falmouth.
Comes Cawdor.
Comes Camperdown.
Vicecom. Arbuthnott.
Vicecom. Sydney.
Vicecom. Hood. |
The Earl of Shaftesbury sat Speaker by virtue of a
former Commission.
PRAYERS.
The House was adjourned during Pleasure.
The House was resumed by The Lord Chancellor.
Bills passed by Commission.
The Lord Chancellor acquainted the House, "That His
Majesty had been pleased to issue a Commission to
several Lords therein named, for declaring His Royal
Assent to several Acts agreed upon by both Houses of
Parliament."
The House was adjourned during Pleasure.
The House was resumed.
Then Three of the Lords Commissioners, being in their
Robes, and seated on a Form placed between the Throne
and the Woolsack, The Lord Chancellor in the Middle,
with The Duke of Richmond on his Right Hand, and
The Earl of Shaftesbury on his Left; commanded
the Yeoman Usher of the Black Rod to signify to the
Commons, "The Lords Commissioners desire their
immediate Attendance in this House, to hear the
Commission read."
Who being come, with their Speaker;
The Lord Chancellor said,
"My Lords, and Gentlemen of the House of Commons,
"His Majesty, not thinking fit to be personally present
here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby
given His Royal Assent to divers Acts which have
been agreed upon by both Houses of Parliament, the
Titles whereof are particularly mentioned; and by the
said Commission hath commanded us to declare and
notify His Royal Assent to the said several Acts, in the
Presence of you the Lords and Commons assembled
for that Purpose: Which Commission you will now
hear read."
Then the said Commission was read by the Clerk as
follows; (viz
t.)
"WILLIAM R.
"William the Fourth, by the Grace of God, of the
United Kingdom of Great Britain and Ireland, King,
Defender of the Faith; To Our right trusty and
right well-beloved the Lords Spiritual and Temporal, and
to Our trusty and well-beloved the Knights, Citizens
and Burgesses, and the Commissioners for Shires and
Burghs of the House of Commons, in this present
Parliament assembled, Greeting: Whereas in Our said
Parliament divers and sundry Acts have been agreed
and accorded on by you Our loving Subjects, the Lords
Spiritual and Temporal, and the Commons, in this Our
present Parliament assembled, and endorsed by you as
hath been accustomed, the Titles and Names of which
Acts hereafter do particularly ensue; (that is to say,)
"An Act for appointing Commissioners to continue
the Enquiries concerning Charities in England and
Wales for Two Years, and from thence to the End of
the then next Session of Parliament:" "An Act to
repeal several Acts and Parts of Acts prohibiting the
Payment of Wages in Goods or otherwise than in the
current Coin of the Realm:" "An Act to prohibit
the Payment, in certain Trades, of Wages in Goods, or
otherwise than in the current Coin of the Realm:"
"An Act to allow the Importation of Lumber and of
Fish and Provisions Duty-free into the Islands of Barbadoes and Saint Vincent; and to indemnify the Governors
and others for having permitted the Importation of
those Articles Duty-free:" "An Act to explain and
amend an Act for regulating the Receipt and future
Appropriation of Fees and Emoluments receivable by
Officers of the Superior Courts of Common Law:"
"An Act to amend and render more effectual an
Act passed in the Seventh and Eighth Years of
the Reign of His late Majesty, intituled, "An Act
to amend the Acts for building and promoting the
building of additional Churches in populous Parishes:"
"An Act to repeal the Laws relating to Apprentices
and other young Persons employed in Cotton Factories
and in Cotton Mills, and to make further Provisions in
lieu thereof:" "An Act to repeal so much of an Act
for the Management of the Customs as allows certain
Fees to be taken by Officers of the Customs, and to
make further Regulations in respect thereof:" "An
Act for amending and making more effectual the Laws
concerning Turnpike Roads in Scotland:" "An Act
to extend the Provisions of an Act passed in the Twentyninth 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:" "An Act for amending the Laws
relative to the Appointment of Special Constables; and
for the better Preservation of the Peace:" "An Act to
repeal so much of an Act passed in Ireland in the Fourth
Year of King George the First, for the better regulating
the Town of Galway, and for strengthening the Protestant Interest therein, as limits the Franchise created
by the said Act to Protestants only:" "An Act to enable
the Commissioners of His Majesty's Treasury to make
a Conveyance of Fresh Wharf, in the City of London:"
"An Act to amend an Act of the Fifty-ninth Year of
His Majesty King George the Third, for the Relief and
Employment of the Poor:" "An Act for the Extension and Promotion of Public Works in Ireland:" "An
Act to amend an Act passed in the Parliament of Ireland in the Fifth Year of His Majesty King George the
Third, for establishing Public Hospitals in Ireland:"
"An Act to amend an Act passed in the Parliament
of Ireland in the Fifteenth and Sixteenth Years of the
Reign of His Majesty King George the Third, intituled,
"An Act to prevent and punish tumultuous Risings of
Persons within this Kingdom; and for other Purposes
therein mentioned:" "An Act to revive, for One Year,
Three Acts made in the Forty-seventh and Fiftieth
Years of the Reign of His Majesty King George the
Third, and in the Tenth Year of the Reign of His late
Majesty King George the Fourth, for the preventing
improper Persons from having Arms in Ireland; and to
indemnify such Persons as may have acted in the Execution of and pursuant to the Provisions of the said
Acts since the Expiration thereof:" "An Act for
naturalizing Christian Etzerodt." And albeit the said
Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully
agreed and consented unto, yet nevertheless the same
are not of Force and Effect in the Law without Our
Royal Assent given and put to the said Acts; And
for as much as for divers Causes and Considerations
We cannot conveniently at this Time be present in
Our Royal Person in the Higher House of Our said
Parliament, being the accustomed Place for giving Our
Royal Assent to such Acts as have been agreed upon
by you Our said Subjects, the Lords and Commons,
We have therefore caused these Our Letters Patent
to be made, and have signed the same, and by the
same do give and put Our Royal Assent to the said
Acts, and to all Articles, Clauses and Provisions therein
contained, and have fully agreed and assented to the
said Acts; Willing that the said Acts, and every Article,
Clause, Sentence and Provision therein contained, from
henceforth shall be of the same Strength, Force and
Effect, as if We had been personally present in the said
Higher House, and had openly and publicly, in the
Presence of you all, assented to the same: And
We do by these Presents declare and notify the same
Our Royal Assent, as well to you the Lords Spiritual
and Temporal, and Commons aforesaid, as to all others
whom it may concern; Commanding also by these
Presents Our well-beloved and faithful Councillor
Henry Lord Brougham and Vaux, Our Chancellor of
that Part of Our United Kingdom of Great Britain and
Ireland called Great Britain, to seal these Our Letters
Patent with Our Great Seal of Our United Kingdom
of Great Britain and Ireland; and also commanding
Our most dear Brothers and faithful Councillors
Ernest Duke of Cumberland, Augustus Duke of Sussex,
Adolphus Duke of Cambridge; Our most dear Cousin
and faithful Councillor William Frederick Duke of
Gloucester; The Most Reverend Father in God and
Our faithful Councillor William Archbishop of Canterbury, Primate and Metropolitan of all England; Our
well-beloved and faithful Councillor Henry Lord
Brougham and Vaux, Chancellor of that Part of Our
United Kingdom of Great Britain and Ireland called
Great Britain; Our most dear Cousin and Councillor Henry Marquess of Lansdowne, President
of Our Council; Our well-beloved and faithful
Councillor John George Lord Durham, Keeper of Our
Privy Seal; Our most dear Cousins and Councillors
William Spencer Duke of Devonshire, Chamberlain
of Our Household; Charles Duke of Richmond,
George William Frederick Duke of Leeds, William
Henry Duke of Portland, Arthur Duke of Wellington,
Richard Duke of Buckingham and Chandos, Richard
Marquess Wellesley, Steward of Our Household; Charles
Marquess of Winchester, John Jeffreys Marquess Camden, Henry William Marquess of Anglesey, John Earl
of Westmorland, George Earl of Carlisle, Cropley Ashley
Earl of Shaftesbury, George Earl of Aberdeen, William
Earl Fitzwilliam, George John Earl Spencer, John Earl
of Chatham, Henry Earl Bathurst, Charles Earl Grey,
John Earl of Eldon, John William Earl of Dudley,
William Viscount Melbourne, Robert Viscount Melville,
Henry Viscount Sidmouth, Frederick John Viscount
Goderich; Our well-beloved and faithful Councillors
Henry Richard Lord Holland, William Wyndham Lord
Grenville, Edward Lord Ellenborough, Nicholas Lord
Bexley, John Singleton Lord Lyndhurst and Charles
Lord Tenterden, or any Three or more of them, to
declare and notify this Our Royal Assent in Our
Absence in the said Higher House, in the Presence
of you, the said Lords and Commons of Our Parliament, there to be assembled for that Purpose; and
the Clerk of Our Parliaments to endorse the said Acts
with such Terms and Words, in Our Name, as is
requisite, and hath been accustomed for the same,
and also to enrol these Our Letters Patent, and the said
Acts, in the Parliament Roll; and these Our Letters
Patent shall be to every of them a sufficient Warrant in
that Behalf: And finally, We do declare and will, that
after this Our Royal Assent given and passed by these
Presents, and declared and notified as is aforesaid, then
and immediately the said Acts shall be taken, accepted
and admitted good, sufficient and perfect Acts of Parliament and Laws, to all Intents, Constructions and
Purposes, and to be put in due Execution accordingly,
the Continuance or Dissolution of this Our Parliament,
or any other Use, Custom, Thing or Things to the
contrary thereof notwithstanding. In Witness whereof
We have caused these Our Letters to be made Patent.
"Witness Ourself at Westminster, the Fifteenth
Day of October, in the Second Year of Our
Reign.
"By the King Himself, signed with His own Hand.
"Bathurst."
Then The Lord Chancellor said,
"In obedience to His Majesty's Commands, and by
virtue of the Commission which has been now read, We
do declare and notify to you, the Lords Spiritual and
Temporal, and Commons, in Parliament assembled,
that His Majesty hath given His Royal Assent to the
several Acts in the Commission mentioned; and the
Clerks are required to pass the same in the usual Form
and Words."
Then the Deputy Clerk of the Crown, at the Table,
read the Titles of the Bills to be passed, severally, as
follow; (viz
t.)
1. "An Act for appointing Commissioners to continue
the Enquiries concerning Charities in England and
Wales for Two Years, and from thence to the End of
the then next Session of Parliament."
2. "An Act to repeal several Acts and Parts of Acts
prohibiting the Payment of Wages in Goods or otherwise than in the current Coin of the Realm."
3. "An Act to prohibit the Payment, in certain
Trades, of Wages in Goods, or otherwise than in the
current Coin of the Realm."
4. "An Act to allow the Importation of Lumber and
of Fish and Provisions Duty-free into the Islands of
Barbadoes and Saint Vincent; and to indemnify the
Governors and others for having permitted the Importation of those Articles Duty-free."
5. "An Act to explain and amend an Act for regulating the Receipt and future Appropriation of Fees and
Emoluments receivable by Officers of the Superior
Courts of Common Law."
6. "An Act to amend and render more effectual an
Act passed in the Seventh and Eighth Years of the
Reign of His late Majesty, intituled, "An Act to
amend the Acts for building and promoting the building of additional Churches in populous Parishes."
7. "An Act to repeal the Laws relating to Apprentices
and other young Persons employed in Cotton Factories
and in Cotton Mills, and to make further Provisions
in lieu thereof."
8. "An Act to repeal so much of an Act for the
Management of the Customs as allows certain Fees to
be taken by Officers of the Customs, and to make
further Regulations in respect thereof."
9. "An Act for amending and making more effectual
the Laws concerning Turnpike Roads in Scotland."
10. "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."
11. "An Act for amending the Laws relative to the
Appointment of Special Constables; and for the better
Preservation of the Peace."
12. "An Act to repeal so much of an Act passed in
Ireland in the Fourth Year of King George the First,
for the better regulating the Town of Galway, and for
strengthening the Protestant Interest therein, as limits
the Franchise created by the said Act to Protestants
only."
13. "An Act to enable the Commissioners of His
Majesty's Treasury to make a Conveyance of Fresh
Wharf, in the City of London."
14. "An Act to amend an Act of the Fifty-ninth Year
of His Majesty King George the Third, for the Relief
and Employment of the Poor."
15. "An Act for the Extension and Promotion of
Public Works in Ireland."
16. "An Act to amend an Act passed in the Parliament of Ireland in the Fifth Year of His Majesty King
George the Third, for establishing Public Hospitals in
Ireland."
17. "An Act to amend an Act passed in the Parliament
of Ireland in the Fifteenth and Sixteenth Years of the
Reign of His Majesty King George the Third, intituled,
"An Act to prevent and punish tumultuous Risings of
Persons within this Kingdom; and for other Purposes
therein mentioned."
18. "An Act to revive, for One Year, Three Acts made
in the Forty-seventh and Fiftieth Years of the Reign of
His Majesty King George the Third, and in the Tenth
Year of the Reign of His late Majesty King George the
Fourth, for the preventing improper Persons from
having Arms in Ireland; and to indemnify such Persons
as may have acted in the Execution of and pursuant
to the Provisions of the said Acts since the Expiration
thereof."
To these Bills the Royal Assent was pronounced,
severally, by the Clerk Assistant, in these Words; (viz
t.)
"Le Roy le veult."
19. "An Act for naturalizing Christian Etzerodt."
To this Bill the Royal Assent was pronounced, by the
Clerk Assistant, in these Words; (viz
t.)
"Soit fait comme il est desiré."
Then the Commons withdrew.
The House was adjourned during Pleasure.
The House was resumed.
Bourchier et al. v Dillon et al:
The House (according to Order) proceeded to take
into further Consideration the Cause wherein William
Bourchier, and others, are Appellants, and Susanna Dillon,
and others, are Respondents:
And Consideration being had thereof accordingly;
The following Order and Judgment was made:
After hearing Counsel, as well on Monday the 15th as
on Friday the 19th and Monday the 22d Days of March
1830, upon the amended Petition and Appeal of William
Bourchier and Margaret his Wife, and Maria Daly; complaining of an Order of the Court of Chancery in Ireland,
of the 13th of December 1826; and praying, "That the
same might be reversed, or that the Appellants might
have such further or other Relief in the Premises, as to
this House, in their Lordships great Wisdom, should
seem meet;" as also upon the Answer of Susanna
Dillon Widow put in to the said Appeal; and which said
Appeal was, by Order of this House of the 24th Day of
June 1829, ordered to be heard ex-parte as to Stephen
Francis Dillon and Charles Dillon, they not having answered
the said Appeal, though peremptorily Ordered so to do;
and due Consideration had this Day of what was offered
on either Side in this Cause:
Interlocutors Affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the Order
of the 13th of December 1826, complained of in the said
Appeal, be, and the same is hereby Affirmed: And it is
further Ordered and Adjudged, That with respect to the
Orders of the 17th of July 1813, the 6th of March 1815,
the 21st of May 1816, and the 12th of July 1825, also
complained of, the said Petition and Appeal be, and is
hereby dismissed this House: And it is further Ordered,
That the Appellants do pay or cause to be paid to the
said Respondent the Sum of One hundred Pounds, for her
Costs in respect of the said Appeal.
Mullins et al. v. Townsend:
The House (according to Order) proceeded to take
into further Consideration the Cause wherein The Honorable Edward Mullins, and others, are Appellants, and
John Townsend Esquire is Respondent:
And Consideration being had thereof accordingly;
The following Order and Judgment was made:
After hearing Counsel, as well on Friday the 14th as
on Monday the 17th Days of May 1830, upon the Petition
and Appeal of The Honorable Edward Mullins, and Thomas
Mullins and William Mullins his Sons; and The Honorable and Reverend Frederick Mullins and Frederick
Mullins, William Mullins and Alured Mullins, his Sons;
complaining of a Decree of the Court of Exchequer in
Ireland, of the 11th of May 1827; and praying, "That
the same might be reversed, or that this House would
be pleased to make such Order in the Premises as to
their Lordships should seem meet;" as also upon the
Answer of John Townsend Esquire put in to the said
Appeal; and due Consideration had this Day of what
was offered on either Side in this Cause:
Decree Affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Petition and Appeal be, and is hereby dismissed this
House, and that the Decree therein complained of, be,
and the same is hereby Affirmed: And it is further Ordered,
That the Appellants do pay or cause to be paid to the
said Respondent the Sum of One hundred Pounds, for
his Costs in respect of the said Appeal.
Grieve v. Wilson.
Ordered, That the Cause wherein John Grieve is
Appellant, and Thomas Wilson is Respondent, be taken
into further Consideration on Monday next, at Ten
o'Clock.
8th Report from Appeal Com ee.
The Earl of Shaftesbury reported from the Lords Committees 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; and to report to the
House; and to whom were referred certain Petitions in
the following Causes; Read against Lyon; Holdsworth
and others against Fairfax and another; Cameron against
Mackie and others; and M'Tavish against Turner;
"That the Committee had met, and considered the
Respondent's Petition in the Cause Read against
Lyon, praying their Lordships for Leave to lodge his
Case; and had heard the Respondent's Agent thereon,
and the Committee are of Opinion, That the Petitioner
may be allowed now to deliver in his printed Case: That
the Committee had also considered the Respondents
Petition in the Cause Holdsworth and others against
Fairfax and another, praying their Lordships, that
they may be allowed until the 11th Day of November
next to lodge their Case; and had heard the Respondents Agent thereon, and the Committee are of
Opinion, That the Petitioners may be allowed until
the 11th Day of November next to deliver in their
printed Case: That the Committee had also considered
the Appellant's Petition in the Cause Cameron against
Mackie and others, praying their Lordships for a
further Enlargement of Time for delivering the Prints
of his Case, in order that corrected Copies of such
Case may be lodged; and had heard the Appellant's
Agent thereon, who stated to the Committee, that
corrected Copies of the Case were now ready to be
lodged; and the Committee are of Opinion, That the
Petitioner may be allowed now to deliver in the said
Prints of his Case: And that the Committee had also
considered the Respondent's Petition in the Cause
M'Tavish against Turner, praying their Lordships to
dismiss the Appeal, with Costs; and had heard the
Agents thereon, and the Committee are of Opinion,
That the Matter referred to in the said Petition should
be reserved as Matter for Argument in the Appeal,
when the Cause shall come on for hearing at the Bar,
if the Parties shall so think fit."
Which Report, being read by the Clerk, was agreed to
by the House; and Ordered accordingly.
Cameron v. Mackie et al.
The House being moved, "That a Day may be appointed for hearing the Cause wherein Patrick Cameron
Esquire is Appellant, and John Mackie, and others,
are Respondents, ex-parte, the Respondents not having
delivered their printed Case within the Time limited
by the Standing Order of this House:"
And thereupon an Affidavit of James Horn Burnett,
Writer to the Signet, of the due Service of the Order of
this House on the said Respondents to put in their
Answer to the said Appeal, being read;
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 deliver their printed Cases in the mean time.
Reform of Parliament, (Scotland,) Petitions respecting: County of Peebles:
Upon reading the Petition of the Noblemen, Freeholders, Justices of Peace, Commissioners of Supply and
Heritors of the County of Peebles, whose Names are
thereunto subscribed; praying their Lordships, "That
that Part of the Measure for amending the Representation of the People of Scotland, which goes to deprive the
County of Peebles of the Right of returning a Representative to Parliament, be not passed into a Law:"
It is Ordered, That the said Petition do lie on the
Table.
Magistrates, &c. of Selkirk:
Upon reading the Petition of the Magistrates and
Town Council of the Burgh of Selkirk, as representing
themselves and the Community of the said Burgh, under
their Common Seal; praying their Lordships "to separate
the Burgh of Selkirk from the District to which it has
hitherto been united, and to join it in a District with
the Burghs of Kelso, Jedburgh and Hawick:"
It is Ordered, That the said Petition do lie on the
Table.
County of Selkirk.
Upon reading the Petition of the Noblemen, Freeholders, Commissioners of Supply, Justices of the Peace,
Heritors of the County of Selkirk, Tenants and others,
who will be entitled to vote for a Member of Parliament
for the County under the Reform Bill for Scotland, whose
Names are thereunto subscribed; praying their Lordships
not to deprive the County of Selkirk of its ancient
Right of returning a Representative of its own to
Parliament; and to allow the Petitioners to be heard by
Counsel at their Lordships Bar in support of this
Petition:"
It is Ordered, That the said Petition do lie on the
Table.
Vestries Bill reported from Select Com ee:
The Earl of Abingdon reported from the Lords Committees appointed a Select Committee to consider of the
Bill, intituled, "An Act for the better Regulation of
Vestries; and for the Appointment of Auditors of Accounts, in certain Parishes of England and Wales;"
That the Committee had met, and 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."
Standing Orders 26 & 155 dispensed with on it:
Then the House (according to Order) proceeded to
take into Consideration the Standing Orders No. 26 and
No. 155, relative to Bills not being read or proceeded in
Twice the same Day, in order to their being dispensed
with upon the last-mentioned Bill.
And Consideration being had thereof accordingly;
Ordered, That the said Standing Orders be dispensed
with on the said Bill.
Then it was moved, "That the House do now resolve
itself into a Committee upon the said Bill."
The Question was put thereupon?
It was resolved in the Affirmative.
House in Com
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 Report be now received.
Bill reported, & re-committed.
The Earl of Shaftesbury accordingly reported the said
Amendments.
And the same being read by the Clerk;
Ordered, That the said Bill be re-committed to a
Committee of the Whole House on Monday next.
Ordered, That the said Bill, with the Amendments, be
printed.
Proceedings in Bankruptcy, Papers respecting, Ordered.
Ordered, That there be laid before this House, "An
Estimate of the Annual Amount of Fees received by
the Commissioners of Bankrupt in London, by the
Secretary of Bankrupts, by the Patentee in Bankruptcy,
and by the Messengers to the Commissioners of Bankrupt; and also of the Expence of Assignments, and
Bargains and Sales; which Expences and several Fees
are proposed to be abolished by the Bill for establishing
a new Court in Bankruptcy:"
Also, "An Estimate of the Establishment to be formed
under the Act to establish a Court in Bankruptcy;
stating the Offices proposed to be created, and the Pay
of each, with their proposed Pensions and retiring
Allowances, and from what Funds to be paid:"
And also, "An Account of the Expences of the Office
of Secretary of Bankrupts upon the Average of Three
Years ending 31st March 1830; distinguishing how
much on the Average was retained by the Secretary
for his own Use, how much was paid to the Deputy
Secretary and each of the Clerks, and how much was
applied to pay the general Expences of the Office."
Distillation (Ireland) Bill.
The Orders of the Day being read for the Second
Reading of the Bill, intituled, "An Act to consolidate
and amend the Laws for suppressing the illicit making
of Malt and Distillation of Spirits in Ireland;" and for
taking into Consideration the Standing Orders No. 26
and No. 155, relative to Bills not being read or proceeded
in Twice the same Day, in order to their being dispensed
with upon the last-mentioned Bill; and for the Lords to
be summoned;
It was moved, "That the said Bill be now read a
Second Time."
The Question was put thereupon?
It was resolved in the Affirmative.
Then the said Bill was 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 on Monday next.
Valuation of Lands (Ireland) Bill:
The Order of the Day being read for the Third
Reading of the Bill, intituled, "An Act to amend an
Act of the Seventh Year of the Reign of His late
Majesty King George the Fourth, for making Provision
for the uniform Valuation of Lands and Tenements in
the several Baronies, Parishes and other Divisions of
Counties in Ireland, for the Purpose of the more
equally levying of the Rates and Charges upon the
same;"
The said Bill was accordingly read the Third Time.
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Military Accounts (Ireland) Bill:
The Order of the Day being read for the Third
Reading of the Bill, intituled, "An Act to repeal an
Act passed in the Fifty-second Year of the Reign of
His Majesty King George the Third, to provide for
the more speedy Examination, controuling and finally
auditing the Military Accounts of Ireland;"
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 Mr. Wingfield and Mr. Roupell;
To acquaint them, That the Lords have agreed to the
said Bills, without any Amendment.
Consolidated Fund Bill.
Ordered, That the Bill, intituled, "An Act to apply
the Sum of One million eight hundred thousand
Pounds out of the Consolidated Fund to the Service
of the Year One thousand eight hundred and thirtyone; and to appropriate the Supplies granted in this
Session of Parliament," be read the Third Time on
Monday next.
Hop Duties Bill reported:
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act to regulate the Payment of the Duties
on Hops."
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.
3d Report from Com ee on the Library.
The Earl of Shaftesbury reported from the Lords Committees appointed a Select Committee to consider of
some Additions to be made to the Library of this House,
and of other Matters relating thereto; and to whom it
was an Instruction to consider of some Mode for more
effectually ventilating the House; and to whom it was
also an Instruction to consider whether any and what
additional Accommodation can be provided for the
Number of Peers who may attend the House during the
Remainder of the Session; "That the Committee had
again met, and had further considered the said Instructions of the House as to the better ventilating the
House, and affording further Accommodation to the
Peers; and had come to the following Resolutions;
viz
t.
"Resolved, That the Committee are of Opinion, That
the Interior of the House of Lords should be restored
to the State in which it was previously to the Address
of this House to His Majesty of the 23d of September
last, requesting that His Majesty would be graciously
pleased to order that the Galleries erected within the
House for the Accommodation of the Peers in Session
1820 should be erected for the Accommodation of the
Peers during the present Session; and that an humble
Address should be presented to His Majesty, to request
that His Majesty will be graciously pleased to give
Directions for carrying this Resolution into Effect.
"Resolved, That the Committee are of Opinion, That
a Gallery should be erected at the lower End of the
House (according to a Plan submitted to the Committee by Mr. Smirke); and that an humble Address
should be presented to His Majesty, to request that
His Majesty will be graciously pleased to give Directions for carrying this Resolution into Effect.
"Resolved, That the Committee are of Opinion, That
the Fire-place in the Centre of the House should be
removed, and the Space in Front of the same occupied
with Benches for the further Accommodation of the
Peers; and that an humble Address should be presented
to His Majesty, to request that His Majesty will be
graciously pleased to give Directions for carrying this
Resolution into Effect."
Which Report being read by the Clerk;
Ordered, That the said Report do lie on the Table.
Ordered, That the said Report be printed.
Ordered, That the said Report be taken into Consideration on Monday next.
Sir S. Stirling & Pearson v. Kelly et al. et e con:
The House proceeded to take into further Consideration the Cause wherein Sir Samuel Stirling Baronet and
Alexander Pearson are Appellants, and Mrs. Marion
Kelly or M'Kenzie, and others, are Respondents, et e
contra:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, as well on Thursday the 22d
as on Friday the 23d Days of September last, upon the
Original Petition and Appeal of Sir Samuel Stirling of
Glorat, Baronet, and Alexander Pearson, Writer to the
Signet, accepting and surviving Trustees of the deceased
John M'Kenzie Esquire, sometime of Garnkirk; complaining of an Interlocutor of the Lord Ordinary in
Scotland, of the 12th November 1829, in so far as it
repels the Objections of the Petitioners to the Accountant's Report; also of an Interlocutor of the said Lords
Ordinary, of the 25th May 1830; also of Two Interlocutors
of the Lords of Session there, of the Second Division, of
the 2d February 1821, and the 11th of July 1821, in so
far as it adheres to the Interlocutor reclaimed against,
and refuses the Desire of the Petition; and also of Four
Interlocutors of the said Lords of Session, of the 12th December 1829, the 20th of May, and 3d and 10th of July
1830; and praying, "That the same might be reversed,
varied or altered, in so far as complained of, and
as prejudicial to the Petitioners, or that the Petitioners might have such Relief in the Premises,
as to this House, in their Lordships great Wisdom,
should seem meet;" and likewise upon the Cross Appeal
of Mrs. Marion Kelly or Mackenzie, Relict of the deceased
Alexander Mackenzie, Merchant in Glasgow, William
Leckie, Merchant in Glasgow, and Benjamin Mathie,
Writer in Glasgow, as surviving Trust Disponees of the said
Alexander Mackenzie deceased; complaining of Two
Interlocutors of the Lord Ordinary in Scotland, of the 29th
Day of June and 11th Day of July 1826; also of an Interlocutor of the said Lord Ordinary, of 12th November 1829,
in so far as it repelled the Petitioners Objections to the
Accountant's Report; also of an Interlocutor of the Lords
of Session there, of the Second Division, of the 20th of
May 1830; also of an Interlocutor of the said Lord
Ordinary, of the 25th and signed the 26th of May 1830,
in so far as the same is in Conformity with the last-mentioned Interlocutor of the Inner House, where the same
proceeded in Opposition to the Reclaiming Note of the
Petitioners; and also of an Interlocutor of the said Lords
of the Second Division, dated the 3d and signed the 6th of
July 1830, in so far as the same required or conditioned
Security being found by the Petitioners to answer to the
Defenders for the Consequences that might arise against
the Petitioners in the accounting with Andrew Duncan and
Company; and praying, "That the same might be reversed,
varied, or altered, in so far as now complained of, or
that the Appellants might have such Relief in the
Premises, as to this House, in their Lordships great
Wisdom, should seem meet;" as also upon the
Answer of Mrs. Marion Kelly or Mackenzie, Relict
of the deceased Alexander Mackenzie, Merchant in
Glasgow, William Leckie, Merchant in Glasgow, and
Benjamin Mathie, Writer in Glasgow, as surviving Trust
Disponees of the said Alexander Mackenzie deceased, put
in to the said Original Appeal; and also upon the Answer
of Sir Samuel Stirling of Glorat, Baronet, and Alexander
Pearson, Writer to the Signet, surviving and acting
Trustees of the deceased John Mac Kenzie Esquire, some
time of Garnkirk, Merchant in Glasgow, put in to the said
Cross Appeal; and due Consideration had this Day of
what was offered on both Sides in these Causes:
Interlocutors Affirmed.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Original and Cross Appeals be, and are hereby dismissed
this House, and that the Interlocutors therein complained
of, be, and the same are hereby Affirmed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Lunæ, decimum
septimum diem instantis Octobris, horâ decimâ Auroræ,
Dominis sic decernentibus.