House of Lords Journal Volume 64: 5 July 1832

Die Jovis, 5° Julii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Wynford sat Speaker by virtue of a former Commission.

D. of Hamilton v. Aikman:

After hearing Counsel this Day upon the Petition and Appeal of The Most Noble Alexander Duke of Hamilton and Brandon, complaining of Two Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 14th Day of November 1829 and the 17th Day of June 1830; and praying, "That the same might be reversed, varied or amended, or that the Appellant 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 George Robertson Aikman Esquire of Ross and Broomelton put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

1st Interlocutor Reversed, & 2d, in Part Reversed, with a Declaration, & Cause remitted.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Interlocutor of the 14th Day of November 1829, complained of in the said Appeal, be, and the same is hereby Reversed: And it is further Ordered and Adjudged, That the Interlocutor of the 17th Day of June 1830, also complained of in the said Appeal, in so far as it finds, that, under the Summons, the Pursuer is entitled, in support of the Conclusions thereof, to found upon the Possession of Persons, Proprietors and Occupiers of Houses and Gardens in the Town of Hamilton, similarly situated with the Pursuer's Houses and Gardens there, be, and the same is hereby Reversed: And it is Declared, That the Respondent has a Title only to insist in this Action as one of the Inhabitants of Hamilton, or as Owner of certain Lands therein, to the Effect of having it tried by a Jury whether or not he has a Right of Servitude to take Sand and Gravel from the Ground in Question in Right of and for the Use of his own Properties: And it is further Ordered, That the Cause be remitted back to the Court of Session, to do therein as shall be just and consistent with this Judgment and Declaration.

D. of Argyll, & Selkrig, v. Mac Alister & Kelso.

Ordered, That the Hearing of the Cause wherein George William Duke of Argyll and Charles Selkrig Esquire are Appellants, and Alexander Mac Alister Esquire and Archibald Kelso are Respondents, which stands appointed for this Day, be put off 'till To-morrow.

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

Fletcher's Estate Bill.

A Message was brought from the House of Commons, by Sir Andrew Agnew and others;

To return the Bill, intituled, "An Act to vest a Part of the Entailed Estate of Saltoun and others, in the County of Haddington, in Trustees, to sell the same, and apply the Price thereof, or the Securities to be granted thereon, towards satisfying the Debts contracted for Money laid out in the Improvement of the said Entailed Estate; and for feuing certain Parts of the said Entailed Estate in the County of Edinburgh;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Customs Wharfs Sale Bill.

A Message was brought from the House of Commons, by Sir Andrew Agnew and others;

With a Bill, intituled, "An Act to provide for the Conveyance of Premises, the Property of the Crown, situate between the Tower of London and London Bridge;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Churches Building Act Amendment Bill.

A Message was brought from the House of Commons, by Sir Andrew Agnew and others;

To return the Bill, intituled, "An Act to render more effectual an Act passed in the Fifty-ninth Year of His late Majesty King George the Third, intituled, "An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Finances of India, Estimate of, delivered.

The House being informed, "That Mr. Deedes, from the India Board, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of the 17th of April last,

"A Prospective Estimate of the Finances of India, shewing the probable Result Abroad and at Home, in Time of Peace, when the Reductions of Expenditure ordered and in progress are fully carried into Effect; the Revenues and Charges drawn from the Indian Accounts of Receipts and Disbursements, the Indian Currencies converted into Sterling at the Intrinsic or London Mint Value of the respective Coins; and the Produce of Funds remitted to England, calculated at the Average Out-turn of a Remittance in Bullion."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Ordered, That the said Paper be printed.

Divisions of Counties Bill, Petitions from Llanidloes & Machynlleth to extend Limits of the Borough of Llanidloes.

Upon reading the Petition of the Inhabitants of the Town of Llanidloes, in the County of Montgomery, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Inhabitants of the Town of Machynlleth, in the County of Montgomery, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs, in England and Wales, in so far as respects the Election of Members to serve in Parliament;" and severally praying, "That the Boundaries originally fixed upon for the Borough of Welshpool may be adopted by their Lordships, instead of the Amendment made by the Committee of the House of Commons; or that their Lordships will extend the Limits of the Borough of Llanidloes so as to make it as extensive as Welshpool:"

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

Divisions of Counties Bill, Petition from Hydan y Ddol, &c. to extend the Boundary of Pool.

Upon reading the Petition of the Inhabitants of the several Townships of Hydan y Ddol, Sylvaen, the Lower Division of Cwn, in the Parish of Castle Caerinion, in the County of Montgomery, and the Township of Cyffronydd, in the Parish of Pool, in the said County, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying, "That their Lordships will be pleased to restore to them their ancient Rights by extending the Boundary of the Borough of Pool so as to include the said Townships within such Boundary:"

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

Frank's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Richard Bacon Frank Esquire, jointly with the Committee of the Estate of Edward Frank Clerk, his Father, (a Person of unsound Mind,) to make Appointments of Estates in the Counties of Norfolk and Suffolk and County of the City of Norwich, by way of Family Arrangement and Settlement, conformably to an Order of The Lord Chancellor in the Matter of the said Edward Frank; and also to confirm an Annuity to be charged on the Life Estate of the said Edward Frank."

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 16th of this instant July, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Dr. Lee's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Fee-Simple of Part of the Freehold Estates devised by the Will of William Lee Antonie Esquire, deceased, in strict Settlement, in his Nephew John Lee Esquire, Doctor of Laws, subject to a Term of Five hundred Years, as an Indemnification against a Sum of Ten thousand Pounds and Interest; and for substituting Part of the Fee-Simple Estates of the said John Lee in lieu thereof; and also for appointing new Trustees of the said Settled Estates."

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 16th of this instant July, at the usual Time and Place; and to adjourn as they please.

E. of Limerick's Estate Bill, Standing Order 94 to be considered.

Ordered, That the Standing Order, No. 94, directing that no Committee shall sit upon any Private Bill until Ten Days after the Second Reading thereof, be taken into Consideration To-morrow, in order to its being dispensed with upon the Bill, intituled, "An Act to validate and confirm certain Leases made by Edmond Sexton Pery afterwards Lord Viscount Pery, William Cecil Pery afterwards successively Bishop of Killaloe, Bishop of Limerick and Baron Glentworth, and Edmond Henry now Earl of Limerick, of certain Hereditaments in the City of Limerick and the Liberties thereof; and for other Purposes;" and that the Lords be summoned.

Com ee on West India Colonies, Witnesses to attend.

Ordered, That The Reverend Mr. Knibb and The Reverend Mr. Duncan do attend this House To-morrow, to be sworn, in order to their being examined as Witnesses before the Select Committee on the State of the West India Colonies.

London & Birmingham Railway Bill, Witnesses to attend.

Ordered, That Hughes, Chaplin and Storm do attend this House To-morrow, to be sworn, in order to their being examined as Witnesses before the Committee to whom the Bill, intituled, "An Act for making a Railway from London to Birmingham," stands committed.

Gloucester & Berkeley Canal Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for consolidating the several Shares of the Proprietors of the Gloucester and Berkeley Canal Company, and for converting the Interests of the several Parties holding Debentures, Annuities and Optional Notes into Shares; and for altering and enlarging the Powers of the several Acts passed for making and maintaining the said Canal," 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 One Amendment thereto."

Which Amendment was read by the Clerk as follows; (vizt.)

"Pr. 60. L. 30. After ("Damages") insert Clause A.

Clause A. And whereas by the said recited Act passed in the Fifty-eighth Year of the Reign of King George the Third it was (amongst other Things) enacted, that so much of the first therein and hereinbefore recited Act as authorised the said Company to purchase or make Compensation for any Lands or Hereditaments to be used for the Purposes of the said Canal by an Annual Payment should be repealed, and the said Company should in all Cases pay such Sum or Sums of Money in Gross for the Purchase of all Lands, Tithes or Hereditaments to be by them taken or used for the Purposes of the said Canal, as should from Time to Time be ascertained and settled agreeably to the Provisions contained in the said first-recited Act: And whereas Doubts have arisen whether the said last-recited Enactment does not disable the said Company from purchasing or making Compensation for any Lands or Hereditaments to be used for the Purposes of the said Canal by an Annual Payment, even in Cases when the Owners of such Lands or Hereditaments may be Tenants in Fee-Simple, and free from all Disability, and willing to contract for such Purchase or Compensation by an Annual Payment: And whereas it is expedient that the said Enactment should be explained; be it therefore further enacted, That it shall be lawful for the said Company to purchase or make Compensation for any Lands or Hereditaments to be taken or used for the Purposes of the said Canal, or for any Purpose authorized by the said recited Acts or any of them, the Owner or Owners whereof is or are or may be seized of or entitled to the same as Tenant or Tenants in Fee-Simple or Fee-Tail in Possession, or otherwise for an absolute Interest for his, her or their own Benefit, and is or are or may be under no legal Disability, and willing to contract for such Purchase or Compensation, by any Annual Sum or Sums of Money in Perpetuity, or for any other Estate, Term or Interest, and to charge such Annual Sum or Sums of Money upon and make the same payable out of the Tolls and Profits or other Income of the said Company; and every such Charge shall be good and effectual according to the Intent and Meaning thereof, any thing in the said recited Act of the Fifty-eighth Year of the Reign of King George the Third, or any other or others of the said recited Acts, to the contrary in anywise notwithstanding."

And the said Amendment, being read a Second Time, was agreed to by the House.

Parliamentary Representation, (Ireland,) Paper respecting, Ordered.

Ordered, That there be laid before this House, "Copy of Instructions given by The Chief Secretary for Ireland with reference to the Cities and Boroughs in Ireland sending Representatives to Parliament; likewise, Copy of any Letter or Report received by the Chief Secretary in Answer to such Instructions."

Steam Carriages Tolls Bill, Witnesses to attend.

Ordered, That John Jarey, Walter Hancock and Goldworthy Gurney do attend this House To-morrow, to be sworn, in order to their being examined as Witnesses before the Select Committee to whom the Bill, intituled, "An Act to regulate for Five Years Road Tolls on Steam Carriages," stands referred.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Court of Delegates Bill presented.

The Lord Chancellor presented to the House a Bill, intituled, "An Act for transferring the Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to His Majesty in Council."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Trespasses (Scotland) Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for the more effectual Prevention of Trespasses upon Property by Persons in Pursuit of Game in that Part of Great Britain called Scotland."

The said Amendments were read by the Clerk as follow; (vizt.)

"Pr. 1. L. penult. After ("Peace") insert ("on Proof on Oath by One or more credible Witness or Witnesses, or Confession of the Offence, or upon other legal Evidence")

"Pr. 2. L. 4. After ("any") insert ("Person having his Face blackened, coloured or otherwise disfigured for the Purpose of Disguise, or if any")

"L. 15. After ("Peace") insert ("on Proof on Oath by One or more credible Witness or Witnesses, or Confession of the Offence, or upon other legal Evidence")

"Pr. 3. L. 27. At the End of the Interlineation insert ("on Proof on Oath by One or more credible Witness or Witnesses, or Confession of the Offence, or upon other legal Evidence")

"Pr. 4. L. 38. Leave out from ("Game") to ("it") in Line ultimo.

"Pr. 5. L. 26. After ("Peace") insert ("on Proof on Oath by One or more credible Witness or Witnesses, or Confession of the Offence, or upon other legal Evidence")

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

Education, (Ireland,) Petition from Archdeaconry of Totnes against proposed Plan.

Upon reading the Petition of the Archdeacon and Clergy of the Archdeaconry of Totnes, in the Diocese of Exeter, whose Names are thereunto subscribed; praying their Lordships "not to sanction the Plan of Education of the Poor of Ireland proposed by His Majesty's Ministers, a Measure so pregnant with Evil to the People of Ireland, nor to allow the Funds of a Protestant Nation to be appropriated to the Furtherance of a Scheme which the Petitioners hold to be unconstitutional in Principle and utterly repugnant to the Spirit and Interests of Protestantism:"

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

Divisions of Counties Bill reported:

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs, in England and Wales, in so far as respects the Election of Members to serve in Parliament;" and for the Lords to be summoned;

The Earl of Shaftesbury accordingly reported the said Amendments.

The said Amendments were read by the Clerk as follow; (vizt.)

"Pr. 7. L. 14 & 15. Leave out ("Borough of") and insert ("County Hall in")

"Pr. 11. L. 25. Leave out ("Henbury")

"L. 28. Leave out ("Barton Regis")

"L. 34. After ("Blidesloe") insert ("and the Hundreds of Henbury and Barton Regis, except such Parts of those Hundreds as are included in the Limits of the City of Bristol as herein-after described")

"Pr. 12. L. ult. After ("within") insert ("or are surrounded by")

"Pr. 13. L. 23. After ("within") insert ("or are surrounded by")

"Pr. 30. L. 29 & 30. After ("within") insert ("or are surrounded by")

"Pr. 31. L. 13. After ("within") insert ("or are surrounded by")

"Pr. 32. L. 31. Leave out ("or") and in the same Line after ("Lathe") insert ("or Liberty")

"L. 34. Leave out ("or")

"L. 35. After ("Lathe") insert ("or Liberty")

"L. penult. Leave out ("herein-before")

"L. ult. After ("contained") insert ("in this Act or in the herein-before recited Act, but which is not subject to the Provision lastly herein-before contained")

"Pr. 33. L. 16 & 17. After ("Nottingham") insert ("and except the several Places by this Act comprised within the Boundaries thereof respectively"))

"Pr. 36. L. 7. Leave out ("Aylesbury") interlined.

"L. 11. Leave out ("Aylesbury") interlined.

"L. 16. Leave out ("Aylesbury") interlined.

"Pr. 43. L. 3. After ("consist") insert ("but for which no Provision is made in such Schedule (O.))

"Pr. 44. L. 7. In Schedule (M.) annexed to the Bill, Line 4 of the Second Column in the Heading, leave out ("Part") and insert ("Parts")

"Pr. 52. L. 23. In the Fourth Column leave out ("Western") and insert ("Eastern")

"L. ult. Leave out from ("Carnarvonshire") in the Fourth Column to ("Denbighshire") in the First Column of Press 53, Line 5.

"Pr. 55. L. 18. Leave out from ("Beaconsfield") in the Third Column to ("Cheshire") in Line 23 (the First Column) and insert

"Pr. 57. L. 16. In the Third Column after ("Rochford") interlined insert ("Maldon") "Pr. 58. L. 28. In the Third Column after ("Bromley") insert ("Blackheath") "L. 37. In the Third Column leave out ("Newton") interlined. "L. 38. In the Third Column before ("Wigan") insert ("Newton") "Pr. 64. L. 1. In the Third Column after ("Stokesley") insert ("Guisborough Romaldkirk.") "L. 24. In the Third Column after ("Skipton") interlined, insert ("Pately Bridge. Dent.") "Pr. 65. L. 8. In the Third Column after ("Llangollen") insert ("Ruthin") "Pr. 66. L. 5. In Schedule (N. 2.) annexed to the Bill, in the Second Column, leave out ("Brickworth") interlined, and insert ("Brinkworth") "Pr. 81. L. 4. In Schedule (O.) annexed to the Bill, Line 6 of the Interlineation, leave out ("March") and insert ("Marsh") "Pr. 83. L. 18. In the Second Column leave out from ("the") to ("Boundary") in Line 19, and in Line 19 after ("Boundary") insert ("of the County of the City") "L. 21. In the Second Column leave out ("old City") and in the same Line after ("Boundary") insert ("of the County of the City") "Pr. 89. L. 21. In the Second Column after ("Wareham") insert ("the Parishes of Corfe Castle and Bere Regis") "Pr. 94. L. 9. In the Second Column leave out ("will be") and insert ("is") "Pr. 95. L. 12 & 13. Leave out from ("Cirencester") in the Second Column to ("the") in the Second Column in Press 96, Line 30, and insert

"Pr. 106. L. 21. In the Second Column leave out ("Folkestone") and insert ("Folkstone")

"Pr. 119. L. 36. In the Second Column after ("Grantham") insert ("including the several Townships of Spittlegate, Manthorpe with Little Gonerby and Harrowby")

"Pr. 131. L. 4. In the Second Column leave out ("respective") and insert ("several")

"Pr. 138. L. 32. In the Second Column leave out ("Westward") and insert ("Southward")

"Pr. 141. L. 20. In the Second Column after ("meets") insert ("the")

"L. 21. In the Second Column after ("along") insert ("the")

"Pr. 156. L. 11. In the Interlineation to the Second Column, Line 3, after ("Peasmarsh") insert ("Iden")

"Pr. 157. L. 11. In the Second Column leave out ("Fishbourne") and insert ("Fishbourn")

"Pr. 160. L. 8. In the Second Column after ("Coventry") insert ("and the Suburbs thereof")

"Pr. 161. L. 22. In the Second Column leave out from ("Stream") to ("to") in Line 26.

"Pr. 165. L. 13. In the Second Column leave out ("its Junction with") and insert ("the Point at which the same joins")

"L. 35. In the Second Column leave out ("is") and insert ("are")

"Pr. 166. L. 12. In the Second Column leave out ("Parts") and insert ("Part")

"Pr. 175. L. 21. In the Second Column leave out ("will be") and insert ("is")

"L. 28. In the Second Column leave out ("respective") and insert ("several")

"L. 29. Leave out from ("Bradford") in the Second Column to ("from") in Line penult. of the Second Column, and insert ("and Manningham and Bowling, and the Township of Horton, including the Hamlets of Great and Little Horton")

"Pr. 177. L. 6. In the Second Column after ("District") insert ("the Castle Precincts")

"Pr. 185. L. 4 & 5. Place the Words ("beyond the Road leading to Clai") in Parenthesis.

"Pr. 199. L. 19. In the Second Column leave out ("from") and insert ("leaving")

"Pr. 202. L. 1. In the Interlineation to the Second Column, Line 4, leave out ("Gilfay") and insert ("Cilfay")

"Pr. 207. L. 24. In the Second Column leave out ("the")

Then the First Amendment made by the Committee to the said Bill, being read a Second Time, was agreed to by the House.

Then the following Amendments were made by the House to the said Bill:

Pr. 8. L. 13. Leave out ("Wonford")

L. 26. After ("Exeter") insert ("and the Hundred of Wonford, except such Parts of that Hundred as are included in the Limits of the City of Exeter, as herein-after described")

The Five next Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

Then the following Amendments were made by the House to the said Bill:

Pr. 23. L. 2. Leave out ("Hartcliffe with Bedminster")

L. 13. After ("Friary") insert ("and also the Hundred of Hartcliffe with Bedminster, except such Parts of that Hundred as are included in the Limits of the City of Bristol, as herein-after described")

The Nine next Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

Then it was moved, in Press 35, Line 32, "after ("Copy") to insert the following Clause:

"Provided always, and be it enacted, That for the Purpose of assigning such Districts to every Polling Place as aforesaid, every Liberty, Franchise and Place having a separate or exclusive Jurisdiction shall be considered as being within that County, and within that Division, Riding or Parts, in which such Liberty, Franchise or Place is placed by this Act or by the Act herein-before recited, or in which the same is locally situated: Provided nevertheless, that the Justices of the Peace for the Isle of Ely, assembled at the Quarter Sessions for the said Isle of Ely to be holden in the Month of October in the present Year, or at some Special Sessions to be appointed by them so assembled as aforesaid which shall be holden on or before the last Day of October in the present Year, shall divide the said Isle of Ely into convenient Districts for polling, and shall assign One of such Districts to every Polling Place within the said Isle of Ely mentioned in the said Schedule (N.) and that a List describing the Districts named in such Assignment, and naming the Polling Places to which such Districts are respectively assigned, shall be lodged with the Clerk of the Peace for the said Isle of Ely, who shall allow the same or a Copy thereof to be inspected at his Office at all Times."

The Question was put thereupon?

It was resolved in the Affirmative.

The Four next Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

Then it was moved, in Press 43, Line ult. "after ("One") to insert the following Clause:

"Provided always, and be it enacted, That this Act may be amended or altered by any Act or Acts to be passed during this present Session of Parliament."

The Question was put thereupon?

It was resolved in the Affirmative.

The Three next Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

Then the following Amendment was made by the House to the said Bill:

Pr. 55. L. 14. In Schedule (N.) annexed to the Bill, in the Third Column, leave out ("Bracknell") interlined, and insert ("Wokingham")

The Five next Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

Then it was moved, in Press 63, Line 3, in Schedule (N.) annexed to the Bill, in the Third Column, "to leave out ("Petworth") for the Purpose of inserting ("Arundel")

Which being objected to;

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

It was resolved in the Affirmative.

The rest of the Amendments made by the Committee to the said Bill, 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 on Monday next; and that the Lords be summoned.

Contempts in Ecclesiastical Courts Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for enforcing the Process upon Contempts in the Courts Ecclesiastical of England and Ireland;" and for the Lords to be summoned;

Ordered, That the said Bill be read a Second Time To-morrow; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, sextum diem instantis Julii, horâ decimâ Auroræ, Dominis sic decernentibus.