House of Lords Journal Volume 64: 6 July 1832

Die Veneris, 6° Julii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Cranstoun et al. v. Bontine:

The House (according to Order) proceeded to take into further Consideration the Cause wherein Thomas Cranstoun, and others, are Appellants, and Robert Cunninghame Bontine Esquire is Respondent:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel, on Friday the 29th Day of June last, upon the Petition and Appeal of Thomas Cranstoun, John Anderson junior and Thomas Trotter junior, all Writers to the Signet, carrying on Business under the Firm of Cranstoun and Anderson, Writers to the Signet, Trust Assignees of Sir William Forbes, James Hunter and Company, Bankers in Edinburgh, conform to Trust Assignation in their Favor, and the Survivors or Survivor of them, bearing Date the 5th Day of December 1827; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, dated the 2d and signed the 4th Day of February 1830; and praying, "That the same might be reversed, varied or altered, 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 Robert Cunninghame Bontine Esquire, of Ardoch, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutor Affirmed.

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 said Interlocutor therein complained of, be, and the same is hereby Affirmed.

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

After hearing Counsel, in Part, in the Cause wherein George William Duke of Argyll and Charles Selkrig are Appellants, and Alexander Mac Alister Esquire and Archibald Kelso are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Thursday next:

9th Report of Comrs on Holyhead & Liverpool Roads, &c. delivered.

The House being informed, "That Mr. Robertson, from the Office of His Majesty's Woods, Forests and Land Revenues, and Office of Works, attended;"

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"The Ninth Report of the Commissioners for the Improvement of the Holyhead and Liverpool Roads, Holyhead and Howth Harbours, and for the Menai and Conway Bridges."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

The House was adjourned during Pleasure.

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

Gloucester & Berkeley Canal Bill:

Hodie 3^a vice lecta est Billa, 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."

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

It was resolved in the Affirmative.

Message to H.C. with an Amendment to it.

A Message was sent to the House of Commons, by Mr. Adam and Mr. Martin;

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with One Amendment, to which their Lordships desire their Concurrence.

E. of Limerick's Estate Bill.

The Order of the Day being read for taking into Consideration the Standing Order, No. 94, directing that no Committee shall sit upon any Private Bill until Ten Days after the Second Reading thereof, 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 for the Lords to be summoned;

Ordered, That the said Order be discharged.

Divisions of Counties Bill, Petitions from Poole against Extension of Limits of the Borough.

Upon reading the Petition of the Inhabitants of the Town and County of Poole, whose Names are thereunto subscribed:

And also, Upon reading the Petition of The Mayor, Bailiff, Burgesses and Commonalty of the Town and County of Poole, under their Common Seal; 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 their Lordships, "That the proposed Measure by which it is intended to extend the ancient Limits of this Borough, by associating with the Town and County of Poole, for the Exercise of the Elective Franchise, a Part of the County of Dorset, may not be carried into Effect, but that the ancient Boundaries of that Borough may remain inviolate:"

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

Trespasses (Scotland) Bill:

The Order of the Day being read for the Third Reading of 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 Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

A Message was sent to the House of Commons, by the former Messengers;

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

Wheat, Return respecting, delivered.

The Lord Auckland laid before the House, pursuant to an Order of the 28th of June last,

"A Return of the highest and lowest Price at which, according to the Official Returns published in The London Gazette, Wheat has been sold in each of the Twenty-four following Years; viz. from 1st January 1808 to 24th June 1832, inclusive; stating the Difference or Fluctuation between the highest and lowest Prices in each Year; the Average Fluctuation in each Three Years; and the Average Price of each Year, as taken from the Weekly Returns."

And the Title thereof being read by the Clerk;

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

Reform (Scotland) Bill, Petitions from Stromness & Shetland for Orkney & Shetland each to return a Member.

Upon reading the Petition of the Magistrates, Town Council and Inhabitants of the Burgh of Barony of Stromness, in the County of Orkney, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to amend the Representation of the People in Scotland;" and praying their Lordships "to assign One Representative to Orkney, and another to Zetland:"

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

Upon reading the Petition of the Commissioners of Supply, Justices of the Peace, and Proprietors of the Shetland Isles, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to grant to Shetland the Right of electing a separate Representative in Parliament:"

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

London & Birmingham Railway Bill, Petition in favor of, referred to the Com ee.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, Inhabitant Householders, Merchants, Bankers, Traders and others residing in the Town of Liverpool and its Vicinity, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for making a Railway from London to Birmingham;" and praying their Lordships, "That the same may pass into a Law:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed.

White's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for authorizing the Trustees of John White the elder, deceased, to complete on their Part an Exchange of certain Lands at Millbank, in the County of Middlesex; and for vesting the exchanged Lands and other Hereditaments in the Trustees of the Marriage Settlement of William Leaper Newton Esquire and Henrietta his Wife, with Power of Sale."

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 17th 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.

The House was adjourned during Pleasuse.

The House was resumed by The Lord Chancellor.

Zemindar of Nozeed Bill, Debate on 3 a adjourned during Pleasure.

The Order of the Day being read for the Third 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 the Lords to be summoned;

It was moved, "That the said Bill be now read the Third Time."

Which being objected to;

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

After Debate,

Ordered, That the further Debate on the said Motion and proposed Amendment be adjourned during Pleasure.

Conference on Punishment of Death Bill.

A Message was brought from the House of Commons, by Mr. Williams Wynn and others, as follows; (vizt.)

"My Lords,

"The Commons desire a Conference with your Lordships upon the Subject Matter of the Amendments made by your Lordships to the Bill, intituled, "An Act for abolishing the Punishment of Death in certain Cases, and substituting a lesser Punishment in lieu thereof."

And then they withdrew.

It was moved "to agree to the said Conference, as desired, and to appoint it presently in the Painted Chamber."

The same was agreed to;

And the Messengers were again called in, and informed, That the Lords agree to a Conference, as desired, and appoint it presently in the Painted Chamber.

Then the Lords following were named Managers of the Conference:

The House being informed "That the Managers for the Commons were ready for the Conference in the Painted Chamber;"

The Names of the Managers for this House were called over:

And the House was adjourned during Pleasure, and the Lords went to the Conference:

Which being ended, the House was resumed:

And The Lord President reported, "That they had met the Managers for the Commons at the Conference, which was managed on their Part by Mr. Williams Wynn and others, who delivered to their Lordships the Bill, with the Amendments, and also a Paper containing as follows; (vizt.)

'The Commons disagree to the Amendments made by your Lordships to the Bill, intituled, "An Act for abolishing the Punishment of Death in certain Cases, and substituting a lesser Punishment in lieu thereof," for the following Reasons: Because they deem the Matters contained in the said Amendments to be of so much Importance that they might more properly be the Object of a separate Bill, and that they will require more Consideration than it will be in the Power of the Commons to bestow upon them before the Commencement of the ensuing Assizes, previously to which it is highly desirable that this Bill should take effect."

Which Report being read by the Clerk;

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

Ordered, That the said Report be taken into Consideration on Monday next; and that the Lords be summoned.

Zemindar of Nozeed Bill, Debate on 3 a resumed:

Then the Debate on the Motion, "That 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," be now read the Third Time;" and on the proposed Amendment "to leave out ("now") and insert ("this Day Six Months") was resumed.

After Debate,

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

It was resolved in the Affirmative.

Then the Question was put, "That the said Bill be now read the Third Time?"

Which being objected to;

After short Debate,

It was moved, "That the further Debate thereon be adjourned."

The Question was put thereupon?

It was resolved in the Negative.

Then the Question was put, "That the said Bill be now read the Third Time?"

It was resolved in the Affirmative.

Bill read 3 a & passed:

Then the said Bill was read the Third Time.

Then it was moved, "That this Bill, with the Amendment, do pass."

The Question was put thereupon?

It was resolved in the Affirmative.

Message to H.C. with an Amendment to it.

A Message was sent to the House of Commons, by the former Messengers;

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with One Amendment, to which their Lordships desire their Concurrence.

Papers delivered:

The Lord President laid before the House, pursuant to the Directions of an Act of Parliament,

Order in Council under Cholera Prevention Act:

"Order of the Lords of the Council commanding the Officers of the Parish of Ormskirk to pay Seventy Pounds to the Board of Health for that Parish; dated 27th of June 1832."

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.

The Viscount Goderich, by His Majesty's Command, presented to the House,

Russian Dutch Loan.

"Additional Article to the Convention between Great Britain, Russia and the Netherlands, relative to the Russian Dutch Loan; signed at London, 19th May 1815."

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.

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;

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

Which being objected to;

After Debate,

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; and that the Lords be summoned.

Anatomy Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for regulating Schools of Anatomy;" and for the Lords to be summoned;

It was moved, "That the House do now resolve itself into a Committee upon the said Bill."

Which being objected to;

The Question was put thereupon?

It was resolved in the Affirmative.

Then the House was 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 some Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received on Tuesday next.

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

Lunatics Bill read 2 a & referred to a Private Com ee:

It was moved, "That the Bill, intituled, "An Act for regulating for Three Years the Care and Treatment of Insane Persons in England," 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.

Then it was moved, "That the said Bill be referred to a Private Committee."

The Question was put thereupon?

It was resolved in the Affirmative.

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

Their Lordships, or any Five of them, to meet on Monday next, 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 referred, be added thereto.

Com ee to appoint a Chairman.

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

Logan et al. v. M. & J. Wienholt.

It was moved, "That the Order made on Tuesday last, "That the Cause wherein Sarah Logan, and others, are Appellants, and Mary Wienholt and John Birkett Wienholt are Respondents, be further heard, by One Counsel of a Side, at the Bar on Monday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

A. & J. Dixon v. Dixon et al.

Ordered, That the Cause wherein Anthony Dixon Esquire and Joseph Dixon Esquire are Appellants, and William Dixon, and others, are Respondents, be heard by Counsel at the Bar on Monday next.

Adjourn.

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