House of Lords Journal Volume 64: 3 February 1832

Die Veneris, 3° Februarii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Baillie v. Grant.

After hearing Counsel, in Part, in the Cause wherein Alexander Baillie is Appellant, and Miss Margaret Grant is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Monday the 13th of this instant February.

Bp. Clogher takes the Oaths.

This Day Robert Lord Bishop of Clogher took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Browne v. W. & D. Tighe.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Browne Esquire is Appellant, and William Frederick Fownes Tighe and Daniel Tighe 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.

Mackenzie v. Rose.

Ordered, That the Hearing of the Cause wherein Murdo Mackenzie Esquire is Appellant, and Hugh Rose Esquire is Respondent, which stands appointed for this Day, be put off to Monday the 13th of this instant February.

Court of Session Bill.

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

With a Bill, intituled, "An Act to provide for carrying on the Business of the Court of Session in Scotland when interrupted by the Death or necessary Absence of any of the Judges thereof;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Aston Rowant Inclosure Bill.

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

With a Bill, intituled, "An Act for inclosing Lands in the Parish of Aston Rowant, in the County of Oxford;" to which they desire the Concurrence of this House.

Manerowen Inclosure Bill.

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

With a Bill, intituled, "An Act for inclosing Lands in the Parish of Manerowen, in the County of Pembroke;" to which they desire the Concurrence of this House.

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

Finances of India, Accounts respecting, delivered.

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

He was called in; and delivered at the Bar, pursuant to an Order of the 8th of December last,

"An Account of the Revenues and Charges of India in each of the Three Years ended 30th April 1829, 30th April 1830 and 30th April 1831, (the last Year on Estimate,) shewing the Annual Surplus of Revenue or Charge after the Payment of Territorial Charges in England:- (In Continuation of an Account dated 21st February 1831:)"

Also, "An Account of the Per-centage at which the several Heads of Revenue in India were collected in the Year 1829-30:-(In further Continuation of an Account dated 21st February 1831:)"

Also, "An Account of the Arrears of Land Revenue left outstanding at the Close of the Official Year at each of the Presidencies in India:-(In further Continuation of an Account dated 21st February 1831:)"

Also, "An Account in detail of the Revenues and Charges of the ceded and conquered Provinces of Bengal, Madras and Bombay, for the Year 1829-30:- (In Continuation of an Account dated 21st February 1831:)"

And also, "An Account of the Sums received at the Presidencies of Fort William, Fort St. George and Bombay, for Sales of Import Goods and Stores:-(In further Continuation of an Account dated 21st February 1831.)"

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.

Reform of Parliament, Petitions from Roscommon & Renfrewshire in favor of.

Upon reading the Petition of the Gentry, Clergy, Freeholders and Inhabitants of the County of Roscommon, whose Names are thereunto subscribed; praying their Lordships, "That they will be pleased to pass a Bill for such a thorough Reform in the Commons House of Parliament as will secure to Ireland her full Share of additional Representatives, put an End to the Boroughmongering System, extinguish all Corporate Monopolies, and give to the People their full and free Representation in the House of Commons:"

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

A Petition of Sir John Maxwell Baronet, of Pollock, Archibald Spiers Esquire, of Elderslie, and other Noblemen, Gentlemen, Magistrates, and others, Members of the Renfrewshire Political Union, and other Inhabitants of the County of Renfrew, assembled to the Number of about Five thousand at a Public Meeting, was presented and read; praying their Lordships "to give the Measure for the amending the Representation of the People their Sanction, when it is brought up to this House; but in the mean time to avow their Intention of doing so, by a Pledge in favor of its leading Principles, in order that Public Confidence and Enterprize may be restored, and the Trade and Manufactures of the Country saved from Destruction:"

Ordered, That the said Petition be received as the Petition of Sir John Maxwell Chairman, and George Gardner Secretary, who only have signed it.

Labour Rate, Petitions from Shipley & Pulborough for Establishment of.

Upon reading the Petition of the Land Owners, Tenants and Inhabitants of the Parish of Shipley, in the County of Sussex, in Vestry assembled, being liable to Poor's Rates and other Parochial Rates, whose Names are thereunto subscribed; praying their Lordships "to pass an Act of Parliament whereby a Majority of Two Thirds of the Rate Payers in Value (according to the proportionate Right of voting contained in the Act for the Selection of Special or Select Vestries, or in any other Proportion that may to their Lordships seem more just,) may, according to the local Advantages of each Agricultural Parish, settle and arrange an equitable Apportionment of the able-bodied Labourers upon the Land; and may also levy a proportionate Rate in lieu of Labour upon all such Rate Payers as may refuse or neglect to act upon the Principle laid down and agreed upon by such Majority for the Employ of their respective Proportion of industrious and able-bodied Labourers; the said Rate, instead of Labour, to be apportioned and applied, in such Manner as may appear just to their Lordships, as a fair and reasonable Compensation to those who may afford such Employ, instead of thrusting able and willing Labourers upon Parish Work, in the Bye Lanes and Stone Pits, without any adequate Return for the Poor Rates thus illegally and injudiciously employed, inasmuch as the Highway Rate is limited by Law:"

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

Upon reading the Petition of the Rector, Churchwardens, Overseers and Inhabitants of the Parish of Pulborough, in the County of Sussex, whose Names are thereunto subscribed; praying their Lordships "to pass an Act of Parliament to enable Two Thirds of the Rate Payers in Value in any large Agricultural Parish, under proper Restrictions, to adopt some Plan, just and fair, for the Employment of their able-bodied Poor, and to enable them to carry it into Execution:"

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

Anatomy, Petitions from Leeds for facilitating the Study of.

Upon reading the Petition of the Physicians and Surgeons of the Town and Neighbourhood of Leeds, in the County of York, whose Names are thereunto subscribed; praying their Lordships, "That such Statutes as render it illegal to have Possession of dead Bodies for the Purposes of Dissection be repealed; and that all duly recognized Schools of Medicine and Surgery, and all Practitioners legally qualified, may be licensed for the Cultivation of Anatomy by any Three of His Majesty's Justices of the Peace: That it may be enacted that all the unclaimed Bodies of Persons of every Class and Description be granted for Dissection at any Time after the Lapse of Five Days from their Death, provided that such Persons have not expressed a Wish whilst living, before Two credible Witnesses, that their Bodies should be interred without Dissection; and that in all Cases of unclaimed Bodies it be provided that the Burial Service, or such other Funeral Rites and Solemnities as are customary, be performed over the Deceased Twenty-four Hours after Death, or later, and afterwards be removed to some suitable Receptacle for the Dead: That on the Order of a Magistrate, founded on the joint Certificate of the Medical Man under whose Care the Deceased was placed, if any, and of the Clergyman of the Parish in which the Person died, such Body shall be removed to any School of Medicine or licensed Practitioner; and that the Parties for whose Use the Body is so consigned be required, under a Penalty, within One Month from the Reception of such Body, decently to inter the Remains at their own Expence; and that their Lordships will receive favorably any Measure founded upon this Principle, as the principal Means of Supply of Subjects for Dissection, which, while it would secure such sufficient Supply, would effectually supersede all surreptitious Modes of obtaining them, put an End to the revolting Practice of Disinterment, and the still more appalling Crime of Murder; and that the Statute which consigns the Bodies of Murderers to Dissection may be repealed:"

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

Upon reading the Petition of the Inhabitants of the Borough of Leeds, in the County of York, whose Names are thereunto subscribed; praying their Lordships, "That the Dissection of dead Bodies in the Schools of Anatomy may be placed under the immediate Surveillance of the Magistrates and Police; and that a Bill to repeal the existing Laws for the Dissection of Murderers, and to allow dead Bodies to be given or received for Dissection, and for permitting all dead Bodies unclaimed by the Relatives of the Deceased to be claimed by and given up to the Surgeons for that Purpose, may be introduced into and pass this House:"

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

Shipping & Harbour Dues, Returns respecting, Ordered.

Ordered, That there be laid before this House, "A Return of the Number of British Ships, with their Tonnage, laden wholly or partly with Produce entered Inwards, from the 1st of January 1831 to the 1st of January 1832, (or up to the latest Period to which the same can be made up,) into the Port of Liverpool, from the United States of America:"

Also, "A similar Return of American Vessels:"

Also, "A Return of the Number and Tonnage of all Foreign Ships, laden wholly or partly with Lumber or Deals, from Norway, into the Port of London, from January 1st, 1831, to January 1st, 1832, or up to the latest Period to which the same can be made up:"

Also, "A similar Return of all British Vessels:"

And also, "A Return of all Sums paid by His Majesty's Treasury, from January 1st, 1826, to January 1st, 1832, (distinguishing the Amount in each Year,) to different Corporate Establishments, or others, or to Individuals, exercising by Charter or Act of Parliament the Power to levy additional Dues, in the Ports and Harbours of the United Kingdom, on Foreign Vessels, beyond those that are paid by British Vessels:"

The King's Answer to Address.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Address of Yesterday; and that His Majesty was pleased to receive the same very graciously, and to say, He would give Directions accordingly."

Trade & Navigation, Accounts respecting, Ordered.

Ordered, That there be laid before this House, "An Account of the Number of Vessels, with the Amount of their Tonnage, that have been built and registered in the several Ports of the British Empire, in each Year, from the Year 1814 to the Year 1831, both inclusive:"

Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys usually employed in navigating the same, that belonged to the several Ports of the British Empire, in each Year, from 1814 to 1831, both inclusive:"

Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys employed in navigating the same, (including their repeated Voyages,) that entered Inwards and cleared Outwards at the several Ports of the United Kingdom, from and to Foreign Parts, in each Year, from 1814 to 1831, both inclusive; distinguishing British from Foreign:"

Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys employed in navigating the same (including their repeated Voyages), that entered Inwards and cleared Outwards at the several Ports of Great Britain, from and to all Parts of the World, in each Year, from 1814 to 1831, both inclusive:"

Also, "A like Return, exclusive of the Trade between Great Britain and Ireland:"

Also, "A Comparative Statement of the British and Foreign Tonnage which have entered the several Ports of the United Kingdom, distinguishing the Countries from whence, from the Year 1814 to 1831, both inclusive:"

Also, "An Account of the Tonnage of Vessels employed in the Coasting Trade which have entered at or cleared out from the Ports of the United Kingdom from 1823 to 1831, both inclusive:"

And also, "An Account of the Number of Ships which passed the Sound from the Year 1814 to 1831, both inclusive."

Lead & Lead Ore, Accounts respecting, Ordered.

Ordered, That there be laid before this House, "An Account of all Lead and Lead Ore imported into the United Kingdom in the Year ending 5th January 1832:"

Also, "An Account of all Lead and Lead Ore, distinguishing Pig, and Rolled Lead, Shot, Litharge, and Lead Paints from each other, exported from the United Kingdom in the Year ending 5th January 1832:"

Also, "An Account of the Quantity of Lead and Lead Ore imported, and from whence, from the 5th January 1831 to 5th January 1832, with the Amount of Duty received:"

And also, "An Account of Lead and Lead Ore exported from the United Kingdom from 5th January 1831 to 5th January 1832, distinguishing the Countries to which it was sent."

Tithes Composition, Ireland, Returns respecting, delivered, & referred to the Com ee on Tithes, Ireland.

The Lord Melbourne laid before the House, pursuant to an Address to His Majesty of the 16th of December last,

"A Return of the Name of every Parish in Ireland in which an Agreement has been made under the Tithe Composition Act; distinguishing Tithes held by Ecclesiastical Persons or Lay Impropriators and the Amount of Composition in each Case:"

Also, "A Return of all Applications for Vestries to be appointed under the Tithe Composition Act, from November 1829 to November 1831; the Progress made in consequence of such Applications; and the Number of Cases in which the Composition has been actually effected:"

And also, "A Return from the Four Arch Dioceses of the Ten last Parishes in each of the said Dioceses in which the Composition Act has been carried into Effect, and of the Number of Acres in each of the said Parishes; distinguishing the Amount of Bog, Pasture, Tillage, and Waste Land, and (so far as the same can be ascertained) the Average Amount of Rent paid thereon."

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Returns be printed.

Ordered, That the said Returns be referred to the Select Committee on Tithes, Ireland.

Panizzi's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Antonio Panizzi Esquire."

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

It was resolved in the Affirmative.

Arbitration Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for settling Controversies by Arbitration;"

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. with the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Cross and Mr. Trower;

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

Embezzlements Prevention Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for more effectually preventing Embezzlements by Persons employed in the Public Service of His Majesty."

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.

Burman's et al. Petition referred to Judges.

Upon reading the Petition of John Burman of Light Hall, in the Parish of Tanworth, in the County of Warwick, Esquire, and Mary his Wife, on behalf of themselves and their infant Children; and also of Mary Burman and Insull Burman, the adult Children of the said John Burman and Mary his Wife; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to The Lord Chief Justice of the Court of Common Pleas, and Mr. Justice Patteson, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Lewis v. Colmer et al. Petition to present Appeal, referred to Appeal Com ee.

Upon reading the Petition of James Lewis of Great Russell Street, Bloomsbury, Pencil Manufacturer; setting forth, "That a Decree or Decretal Order was, on the 2d Day of December last, pronounced by His Honor The Master of the Rolls in England, in a certain Cause depending before him, wherein the Petitioner was the Plaintiff, and Robert Colmer, William Tobias Langdon and Thomas Sampson were the Defendants, by which said Decree or Decretal Order His Honor did order that the Petitioner's Bill in the said Cause should be dismissed, with Costs, to be taxed by the Master of the Court of Chancery in Rotation: That, by the Practice of the said Court of Chancery, the Defendants in this Case are the Parties entitled to take the said Decree or Order; and the Petitioner, if he think fit, may take an Office Copy thereof, after the same is passed and entered: That the Petitioner having been advised by his Counsel to appeal from the said Decree or Order to their Lordships, immediate Application was made by the Petitioner to have the same drawn up, but that, from Difficulties and Misunderstandings between the Counsel and Solicitors on both Sides, in specifying what Exhibits and Depositions were read at the Hearing of the said Cause, and what Evidence was rejected by the Court, the said Decree or Decretal Order was not passed and entered until Tuesday the 24th Day of January last: Whereupon the Petitioner, by his Counsel and Agent, immediately prepared his Petition of Appeal, and the same was lodged at the Parliament Office on Tuesday the 31st Day of January last, previous Notice whereof was given by the Petitioner's Agent to the Agents of the said Respondents: That by the Fifty-fifth Standing Order of their Lordships, relative to Writs of Error and Appeals, it is ordered, that all Persons, who should be desirous to exhibit to their Lordships House any Petitions of Appeal from any Court of Equity, should present their Petitions within Fourteen Days, to be accounted from and after the First Day of every Session or Meeting of Parliament after a Recess; after which Time their Lordships did declare that they would receive no Petition of Appeal, unless upon a Decree made whilst Parliament should be actually sitting; in which Case the Party who should find himself aggrieved might bring his Petition of Appeal, provided he did present it to their Lordships House within Fourteen Days after such Decree should be made, and entered in any Court of Equity in England: That although the said Decree or Decretal Order in the Petitioner's said Suit was made on the said 2d Day of December last, and their Lordships met in Parliament on the 6th Day of December last, yet the Petitioner was unable, for the Reasons aforesaid, to present his Petition and Appeal within the Fourteen Days allowed by the said Standing Order of their Lordships; but that the same having since been lodged as aforesaid, the Petitioner prays, That their Lordships will be pleased to grant Leave to the Petitioner to present his said Appeal:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Report from the Journal Com ee.

The Earl of Shaftesbury reported from the Lords SubCommittees appointed to consider of the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain and Ireland, and Lords of Parliament; and to peruse and perfect the Journals of this and former Sessions of Parliament; "That the Committee had met, and had come to the following Resolutions; (vizt.)

"Resolved, That there being now ready for Delivery the General Index to Seventeen Volumes of the Journals, from the 36th to the 52d, both inclusive, (comprizing the Period from the 20th Year of the Reign of King George the Third to the End of His said Majesty's Reign, and which completes the General Index from the 1st of King George the First to the End of the Reign of King George the Third,) which has been printed under the Direction of the Lords Committees for the Journals, in pursuance of the Order of the House, the said Index be delivered in the same Manner as the Volumes of the Journals have been delivered:"

"Resolved, That there being now ready for Delivery the Index to the Rolls of Parliament, which has been compiled and printed under the Direction of the Lords Committees for the Journals, in pursuance of the Order of the House, the said Index be also delivered in the same Manner as the Volumes of the Journals have been delivered."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

Adjourn.

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