House of Lords Journal Volume 64: 20 March 1832

Die Martis, 20° Martii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Boroughbridge & Durham Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road leading from Boroughbridge, in the County of York, to the City of Durham; and for making and maintaining certain Deviations therein."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

London Bridge Approaches Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend several Acts relating to London Bridge and the Approaches thereto."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet on Thursday next, at the usual Time and Place; and to adjourn as they please.

Gordon v. Dunn, Petition to amend Appeal, referred to Appeal Com ee.

Upon reading the Petition of Lieutenant Colonel John Gordon, Appellant in a Cause depending in this House, to which The Reverend Gavin Gibb Dunn is Respondent; praying, "That their Lordships will order that he may have Leave to amend his Appeal by the Addition in the Prayer thereof, after the Words "and grant Warrant for the usual Summons upon the said Reverend Gavin Gibb Dunn to answer to the Premises, and that Service of your Lordships Order upon him, or upon his known Agent in the Court of Session in Scotland, be deemed good Service," of the Words, "and also to grant Warrant for the usual Summons upon the said Right Honorable George Hamilton Gordon Earl of Aberdeen, Viscount Formartine, The Right Honorable John Arbuthnot Viscount Arbuthnot, The Reverend Doctor William Jack, Doctor Hugh M'Pherson, The Reverend Doctor Duncan Mearns, Doctor Alexander Dauney, Doctor James Bannerman, James Bentley, Doctor Patrick Forbes, William Paul, John Tullock and Hercules Scott, and the said Officers of State for Scotland, as representing His Majesty, to answer to the Premises; and that Service of your Lordships Order upon them, or upon their known Agents in the Court of Session in Scotland, be deemed good Service;" and also to add to the Foot of the said Appeal the Certificate of Charles Forbes Davidson, Writer to the Signet, (the Agent for the Petitioner in Scotland,) of Notice being given by him to the Agents in Scotland for the said several Parties of the Petitioner's Intention to present this Petition to their Lordships to make them Parties Respondents to the Petitioner's said Petition of Appeal, the Petitioner amending the Respondent The Reverend Gavin Gibb Dunn's Copy thereof:"

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

Miller et al. v. Orr & Boog.

The House being informed, "That Robert Orr and Robert Boog, Respondents to the Appeal of John Miller Esquire, and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And an Affidavit of the due Service of the said Order being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily within a Week.

Miller et al. v. Moodie.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Miller, and others, are Appellants, and Mrs. Amelia Moodie or Anderson Widow is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Minutes of Proceedings at Elections of Peers for Scotland, Ordered:

Ordered, That there be laid before this House authentic Copies of the Minutes of the Proceedings at all Elections of Representative Peers for Scotland since the Year 1822.

Ld. Belhaven added to the Com ee on the Subject.

Ordered, That The Lord Belhaven and Stenton be added to the Select Committee relating to the Election of Representative Peers for Scotland.

Tithes & Church Rates, (Ireland,) Petition from Kilcullen, &c. for Abolition of.

Upon reading the Petition of the Inhabitants of the United Parishes of Kilcullen and Gormanstown, County Kildare, whose Names are thereunto subscribed; praying, That their Lordships will be pleased to take Measures for the total Abolition of Tithes and Church Rates in Ireland:"

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

Education, (Ireland,) Petition of J. Holmes against proposed Plan of.

Upon reading the Petition of James Ivory Hobnes of Heavitree, near Exeter, Clerk; praying their Lordships, "That no System of Education of the Poor of Ireland may be sanctioned and supported by Government, in deference to the Priesthood of the Roman See, which shall deprive the poor Roman Catholic Children of Ireland of the Enjoyment of the full and glorious Light of those Holy Scriptures "which are profitable for Doctrine, for Reproof, for Correction, for Instruction in Righteousness;" and which System, by an unhallowed Mutilation of God's Sacred Word, in order to please the Roman Catholic Priesthood, to the eternal Injury of their Flocks, shall expose this hitherto Protestant Nation to the just Indignation and Wrath of the Most High, "who wills that all Men should be saved, and come to the Knowledge of the Truth," and who, through His beloved Son, has commanded all Men to search those Holy Scriptures, "which are able to make them wise unto Salvation, through Faith, which is in Him:"

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

Tobacco (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to provide for the Sale, Manufacture and Consumption of Tobacco grown in Ireland before the First Day of January One thousand eight hundred and thirty-two."

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 Thursday next.

Dublin Coal Trade 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 to repeal several Acts of the Parliament of Ireland imposing Restrictions upon the Coal Trade, and to regulate the same;" and to report to the House; and to whom were referred certain Petitions, praying their Lordships, that Compensation may be granted to the Dublin Coal Meters; "That the Committee had met, and considered the said Bill, and had adverted to the Petitions referred to the Committee; and it appears to the Committee, That it is expedient that the House should proceed in the Consideration of the said Bill."

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

Bill read 2 a, & committed:

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 Thursday next.

Petitions for Compensation to Dublin Coal Meters referred to the Com ee.

Ordered, That the several Petitions presented to the House Yesterday, praying their Lordships to grant Compensation to the Coal Meters of the City of Dublin, be referred to the said Committee.

Leicester Poor Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for better assessing and collecting the Poor and other Parochial Rates, and for the better Maintenance and Employment of the Poor of the Parish of Saint Margaret, in the Borough and County of Leicester," 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."

J. & W. Dixon v. Fisher et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John and William Dixon are Appellants, and John Fisher, and others, 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.

Public Peace of Ireland, Petitions of Lieut. &c. of Westmeath, & High Sheriff, &c. of the King's County, for further Powers for Preservation of.

Upon reading the Petition of the Lieutenant and Magistrates of the County of Westmeath, whose Names are thereunto subscribed; praying their Lordships, "That Laws may be enacted, and applicable by the Executive, to restrain Insurgency in Ireland, to preserve Property uninjured to its Owners, and to protect the Lives of The King's Subjects when exposed to Peril, instead of awaiting the almost vain Hope of any adequate Remedy from the Common Law:"

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

Upon reading the Petition of the High Sheriff and the Grand Jury of the King's County, at Lent Assizes, 1832, assembled at Philipstown; praying "That their Lordships will be pleased to place the Insurrection Act again on the Statute Book, or enact some other equally strong Measure to meet the present increasing State of Crime in Ireland:"

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

Poor Laws, Address for Copy of Commission for enquiring into.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "A Copy of the Commission for enquiring into the Administration of the Poor Laws."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Zemindar of Nozeed Bill read 2 a & committed:

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for providing for the Discharge of a Claim in respect of Monies advanced by the late James Hodges Esquire on Security of the Lands of the late Zemindar of Nozeed and Mustaphanagur, in the District of Fort Saint George, in the East Indies, now under the Government of The Honorable the East India Company;" and for hearing Counsel against and for the same;

Counsel were accordingly called in:

And Mr. Serjeant Spankie and Mr. Wigram appearing as Counsel on behalf of the Petitioners against the Bill; and Mr. Harrison and Mr. Miller appearing as Counsel in support of the Bill;

The Petition of The United Company of Merchants of England trading to the East Indies, presented to the House on the 13th of this instant March; praying their Lordships, "That the said Bill may not be passed into a Law; and that they may be heard by their Counsel against the same," was read.

Then Mr. Serjeant Spankie was heard on behalf of the Petitioners against the Bill:-And Mr. Wigram offering himself to be also heard on behalf of the Petitioners against the Bill;

The Counsel were directed to withdraw.

It was moved, "That One Counsel only of a Side be heard."

The Question was put thereupon?

It was resolved in the Affirmative.

Then the Counsel were again called in, and informed of the Decision of the House.

Mr. Harrison was then heard in support of the Bill; as also Mr. Serjeant Spankie in reply:

The Counsel were directed to withdraw.

Then it was moved, "That the said Bill be now read a Second Time."

Which being objected to;

It was moved, to leave out ("now") and insert ("this Day Six Months")

After Debate,

The Question was put, "Whether the Word ("now") shall stand Part of the Motion?"

It was resolved in the Affirmative.

Then the said Bill was read a Second Time.

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet on the 30th of this instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

All Lords added to the Com ee:

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee to whom the last-mentioned Bill stands committed, be added thereto.

Com ee to appoint a Chairman.

Ordered, That the Committee to whom the said Bill stands committed do appoint their own Chairman.

Education, (Ireland,) Letter of Secretary for Ireland respecting, to be printed.

Ordered, That the Copy of a Letter from the Chief Secretary for Ireland to His Grace The Duke of Leinster, on the Formation of a Board of Commissioners for Education in Ireland, delivered to the House on Friday last, be printed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Martii, horâ decimâ Auroræ, Dominis sic decernentibus.