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House of Commons Journal Volume 85: 16 June 1830

Pages 557-560

Journal of the House of Commons: Volume 85, 1830. Originally published by His Majesty's Stationery Office, London, [n.d.].

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Mercurii, 16 die Junii ; Anno 11° Georgii IV ti Regis, 1830.

PRAYERS.

Lord Cremorne's Estate Bill, committed.

An ingrossed Bill from the Lords, intituled, An Act to enable the Guardian of the Right honourable Richard Lord Cremorne, an Infant, to carry into effect a Contract entered into for the Purchase of Rockcorry Castle, and adjoining Lands, in the County of Monaghan, in Ireland, was read a second time; and committed to Mr. Spring Rice,&c And they are to meet this Afternoon, in the Speaker's Chamber.

Members added to a Committee.

Ordered, That Lord Viscount Althorp, Sir Richard Vyvyan, Mr. Robert Grant, Sir Thomas Acland, Sir Thomas Baring, Mr. William Peel, Mr. Spring Rice, Mr. Home Drummond, Mr. Trant, Mr. Buller, Mr. Monck, Mr. John Smith, and Mr. Lamb, be added to the Committee on the Bill to prevent the spreading of Canine Madness.

Petition against establishing Poor Laws in Ireland.

A Petition of the Master, Wardens and Brethren of the Corporation of Weavers or Guild of the Blessed Virgin Mary, city of Dublin, was presented, and read; setting forth, That the Petitioners cannot but view with deep concern and alarm the present depressed state and condition of the manufacture of the city of Dublin, which, from a state of former prosperity, has become nearly annihilated, nor can they pass over the commercial and agricultural distresses of Ireland; that they lament that, in consequence of the hitherto unexampled state of distress to which the operative manufacturer has been reduced, several thousand persons have been supported from the funds obtained by the Committee appointed at a public meeting held in September last for the relief of operative Weavers, many of whom must since have perished for want of such assistance, had it not been so procured; that the Petitioners humbly submit, and they earnestly trust, that the distresses alluded to, and the causes thereof, may not be deemed a cause for the enactment of a Poor-law Tax on Ireland, in addition to her present burthens, a system so pregnant with mischief and evil effects in England, but which in Ireland, from local circumstances, would be attended with still greater evils, destructive to every true interest, and striking at the root of every improvement in Ireland, taxing, as it would, the poor, to feed the poor, and marring the principles of industry and morality in the country; that the Petitioners beg to refer to the quantity of bog and other unreclaimed lands in Ireland, as well as a variety of public works, much wanting to be forwarded, both of which could be made applicable to the support of the thousands now destitute both in city and country; and praying the House to take the case of their Petition into consideration, and to cause a strict examination into the merits of their Petition before the Committee now sitting on the state of Ireland, so that such permanent relief may be afforded as the exigencies of the city of Dublin and country generally require.

Ordered, That the said Petition do lie upon the Table; and be printed.

Petition for establishing Poor Laws in Ireland.

A Petition of John Grey Porter, Rector and Vicar of Kilskery, in the county of Tyrone, was presented, and read; praying, That the House will be pleased, in the inquiry now instituted into the state of the Poor of Ireland, to take into their serious consideration the destitute and unprotected condition of that numerous class of society, many of whom, either from want or idleness, have become itinerant mendicants, and are a grievous burthen, at present supported by the resident gentry and farmers, spreading infectious disorders, with poverty and misery, in their march; the Petitioner has the strongest reason to believe, that much unfounded alarm exists in Ireland respecting the evil tendency of the Poor Laws; at present a voluntary tax is unequally levied upon those who dwell in the land, to support indiscriminately all vagrants, in lieu thereof; the Petitioner hopes the House will be induced to sanction the assessment of a compulsory tax, to which the absentees may contribute a full share for the relief of the infant, sick and aged poor; and further, to make such an adequate reform in the present Grand Jury system, as will enable the oppressive tax, so unequally now applotted, to be partly applied to the employment of the idle able-bodied mendicant, and thus convert an unproductive consumer into an industrious labourer, no longer subsisting on the arbitrary exactions of importunate idleness, but earning a livelihood by the application of honest exertion.

Ordered, That the said Petition be referred to the Select Committee on Irish Poor.

Petition for repeal of Parish Vestries and Sub-letting Acts (Ireland.)

A Petition of Inhabitants of Rosdroit, Temple Scoby, Clough and Saint John's, in the county of Wexford, was presented, and read; reciting the Act 7 Geo. 4, c. 72, for the regulation of Parish Vestries in Ireland; and also, the Act 7 Geo. 4, c. 29, to amend the Law in Ireland respecting the Assignment and Sub-letting of Lands in Ireland; and praying the House to repeal the same.

Ordered, That the said Petition do lie upon the Table; and be printed.

Petition respecting Oaths.

A Petition of Christian People resident in Ennis and Limerick, in the counties of Clare and Limerick;-and, of John M'Cay, and other Persons, in Edinburgh,-were presented, and read; complaining of the grievances under which they lie in the matter of Oaths; and setting forth, That the Petitioners, however, are at liberty in their consciences to confirm on any suitable occasion, by any simple affirmation the most solemn, their testimony of facts, or their acknowledgment of duty, and their declaration of serious purpose, to act accordingly, through the help of God; and, inasmuch as the Legislature has heretofore admitted an Affirmation in place of an Oath in the case of two other classes of religious professors (the people called Quakers, and Moravians), they, with all humility, pray to be favoured with a similar indulgence.

And the said Petitions were ordered to lie upon the Table; and that the last be printed.

Petition of Quartermen for Superannuation.

A Petition of Charles Bender, Agent of the Quartermen in His Majesty's dock-yards, was presented, and read; setting forth, That, on the 8th of January, 1822, a Minute of Treasury was signed by Lord Liverpool and other Lords, fixing the allowance to officers, clerks and servants in His Majesty's several civil departments, on their retirement or abolition of office, and the same was confirmed by a subsequent Act of Parliament, which came into operation on the 5th July 1822, as appears in the first clause thereof; the Quartermen, from the amount of their salaries, exceeding 100l. per annum, are entitled to the benefit of the Minute of Treasury and Act of Parliament, both being previous to the sudden abolition of their offices, which took place on the following 11th August 1822, up to which date they acted and were paid as Quartermen; they were then denied the benefit of the said Minute and Act, but were offered employ, to work with the labouring men, which they declined (at 6 d. a day extra); some of the Quartermen have since been relieved from their distress by receiving appointments, while others, with large families, are in want of the necessaries of life; for, having small pensions, the ship-builders refuse them employ, and those without pensions are preferred; all persons in His Majesty's service in the other civil departments (except the Quartermen), whose salaries exceed 100l. a year, have, on their retirement or abolition of office, received the benefit of the Act and Minute of Treasury, and those persons, not having served time to entitle them to claim the Act, are allowed half their salaries, which portion far exceeds the allowance given to the unfortunate Quartermen; and praying redress.

Ordered, That the said Petition be referred to the Select Committee on Superannuations.

Petition relative to Religious Ceremonies.

A Petition of certain of the loyal Free Barons and Inhabitants of Dover, was presented, and read; setting forth, That the Petitioners, deeply concerned for the honour of their country and of the Protestant religion, and having at heart the maintenance of the civil and religious rights of all their fellow subjects, view with pain and alarm the infringement of those rights in the case of many Protestants holding civil and military situations under the Crown, who are forced to engage in the idolatrous services of the Roman Catholic and Greek Churches; and praying the House to take such steps as may lead to a discontinuance of what they consider to be an unjust and unlawful requirement.

Ordered, That the said Petition do lie upon the Table; and be printed.

Petition complaining of Taxation.

A Petition of Labourers of Alfred-street Pottery, and Inhabitants of the said street of the town and county of the town of Kingston-upon-Hull, was presented, and read; setting forth, That it is the taxes that make their Wages insufficient for their support, and that make them apply for aid to the poor rates; and praying, That the House will take from their shoulders, and from those of their employers, the grievous burthen of the taxes; and that they will be pleased to begin forthwith by relieving them from the taxes mentioned in their Petition.

Ordered, That the said Petition do lie upon the Table.

Duke of Buccleuch's Estate Bill, reported and passed.

Mr. Ewart reported from the Committee on the ingrossed Bill from the Lords, intituled, An Act for exchanging the Estates in the County of Northampton, of which the Most noble Walter Francis Douglas Montagu Duke of Buccleuch and Queensberry is tenant in tail, under the Will of the Most noble John late Duke of Montagu, deceased, for some of his settled Estates in the Counties of Lancaster and York, of which he is tenant for life, under the Will of the Most noble Elizabeth, late Duchess of Buccleuch and Queensberry, deceased; That they had examined the allegations of the Bill, and found the same to be true; and that the parties concerned had given their consent to the Bill, to the satisfaction of the Committee; and that they had gone through the Bill, and had directed him to report the same to the House, without any Amendment:-And the Bill was read the third time.

Resolved, That the Bill do pass.

Ordered, That Mr. Ewart do carry the Bill to the Lords; and acquaint them, that this House hath agreed to the same, without any Amendment.

Report of Ecclesiastical Leases (Ireland) Bill, considered.

Ordered, That the Order of the day, for taking into further consideration the Report from the Committee of the whole House, on the Bill to amend the Laws respecting the Leasing Powers of Bishops and Ecclesastical Corporations in Ireland, be now read; and the same being read: -The House proceeded to take the Report into further consideration; and the Amendments made by the Committee to the Bill, being read a second time, were agreed to by the House.

Ordered, That the Bill, with the Amendments, be ingrossed; and read the third time upon Monday next.

The Lords have passed

A Message from the Lords by Sir Giffin Wilson and Mr. Henley Eden:

Mr. Speaker,

Buckle's Estate Bill.

The Lords have passed a Bill, intituled, An Act to enable John Buckle, Esquire, or other Committee of the Estate of William Buckle, a Lunatic, for and in the name and on behalf of the said William Buckle, to consent to the exercise of a Power of Sale over Estates settled on the said William Buckle for his life, and which Power is exercisable with the consent of the said William Buckle; to which the Lords desire the concurrence of this House: And also,

The Lords request Copies of Reports on Criminal Law.

The Lords have commanded us to acquaint this House, That the Lords do request that this House will be pleased to communicate to their Lordships, Copies of Reports made from the Select Committee appointed by this House in Session 1824, on the Criminal Law of England, dated respectively the 2d of April 1824, and the 7th of May 1824; together with the Appendix thereto:-And then the Messengers withdrew.

Reports communicated.

Resolved, That this House will send to the Lords printed Copies of the said Reports, as desired by their Lordships.

And the Messengers were again called in; and Mr. Speaker acquainted them therewith; and printed Copies of the said Reports were delivered to them, to be communicated to the Lords:-And then they again withdrew.

Petitions for mitigating Punishment for Forgery.

A Petition of William Stewart Morgan, Wine Merchant, late of Brighton, and now of London;-and, of John Joseph Stockdale, citizen of London, Publisher,-were presented, and read; praying the House to consider the propriety of abolishing the punishment of death for Forgery.

And the said Petitions were ordered to lie upon the Table; and to be printed.

Petition complaining of Conduct of late Chief Justice of Common Pleas.

A Petition of John Joseph Stockdale, citizen of London, Publisher, was presented, and read; setting forth, That the Petitioner and his numerous family have been greatly oppressed and reduced by a system of persecution which has even penetrated the highest courts of judicature, wherein the statute law, and the laws of practice and precedent have been departed from, as the Petitioner believes, for the sole purpose of suppressing certain manuscripts supposed to be in the Petitioner's hands; that the Right honourable Sir William Draper Best, Baron Wynford, late Lord Chief Justice of His Majesty's Court of Common Pleas, stated from the bench, that if the Petitioner should apply to any court of law, he should have no redress on account of his infamy, thus virtually outlawing the Petitioner; that such dictum was followed up by an illegal infliction of heavy costs on the Petitioner, who was thereby deprived of a valuable estate, and subjected to various injuries, which continue to this moment, all which the Petitioner craves leave to substantiate at the bar of the House.

Ordered, That the said Petition do lie upon the Table.

Petition respecting stopping up Highways.

A Petition of Proprietors, Occupiers and Inhabitants of Brampton, was presented, and read; setting forth, That in the year 1815 an Act of Parliament was passed (55 Geo. 3, c. 68), giving to any two or more Justices of the Peace at special sessions power and authority (among other things) to order any public Highway, Bridleway or Footway to be stopped up, which, upon view of the said Justices, or any two of them, should appear unnecessary, and also further giving to the said Justices at quarter sessions power and authority, at their own discretion, to confirm any such order, if appealed against, without the intervention and verdict of a jury; that the Petitioners were put to very considerable trouble and expense, in the year 1825, in appealing against an order made for stopping up a public footway leading from the north side of the town of Brampton, in Cumberland, which order was, however, confirmed, notwithstanding a number of witnesses, on behalf of the Petitioners, proved that the said footway was a much frequented thoroughfare, and had been a public way from time immemorial, and was then the only footway leading from that part of the town, and was neither useless nor unnecessary; that the Petitioners find they have no right of appeal to any of the higher courts of law for redress, but that the only remedy for the wrong they have sustained must be sought for in the superior authority and justice of Parliament; and praying, That the said Act of Parliament may be repealed, and that, in lieu thereof, an Act may be passed, by which the Petitioners, and all others in similar circumstances, may have an opportunity of making a real and efficient appeal from the decision of the magistrates at quarter sessions to one of the higher courts of law, and that in future no alteration be made in any public Highway, Bridleway, or Footway, without the intervention of that ancient and constitutional institution, the Trial by Jury, or that the House will be pleased to take such other measures as to them shall seem meet.

Ordered, That the said Petition do lie upon the Table; and be printed.

Petition complaining of Arrest for Debt.

A Petition of Thomas Smailes, of Chester-le-Street, in the county of Durham, yeoman, was presented, and read; complaining of Arrest for Debt, and of certain vexatious proceedings against him in the Insolvent Debtors' Court; stating the particulars of his case; and praying, That in the Bill now before the House for amending and continuing the present Act for relief of Insolvent Debtors, a clause may be introduced, to enable the Commissioners of the Insolvent Court to hear all cases, except the original hearing and re-hearing of insolvents out of court on summons, not only in cases under the existing, but also under the preceding Acts for relief of Insolvent Debtors in England, and that such enactment be compulsory, and require the Commissioners so to do; that the power of levying impositions on the suitors, in the shape of fees, be abrogated; and that a clause may also be inserted, directory on the said Court and Commissioners to determine all cases regularly before them, according to the Acts of Parliament, and within the scope and limited jurisdiction of that court; or that the House will take such other measures as to them may seem meet.

Ordered, That the said Petition do lie upon the Table:

Petition for abolishing Slavery.

A Petition of Protestant Dissenters of the Baptist persuasion, meeting for religious worship at Stoke Green Chapel, Ipswich, was presented, and read; praying, That the Sabbath may be effectually secured to the Slaves as a day of rest and entire relaxation from labour, and be open, to be devoted to religious instruction and worship; that Sunday markets and Sunday labour may be prohibited, and that sufficient time be allowed on other days for the cultivation of provisions and marketing; that the Slave population may be allowed to attend for the purpose of receiving religious instruction at all times, without let or hindrance, when the labours of the day are ended, and that no infringement upon religious liberty be allowed.

Ordered, That the said Petition do lie upon the Table.

Petition of Richard Carlile.

A Petition of Richard Carlile, for removal of disabilities affecting the Jews, was presented, and read; and, with leave of the House, withdrawn.

Petition against Court of Session (Scotland) Bill.

A Petition of the Agents or Solicitors practising in the Supreme Courts of Scotland in the capacity of Advocates' First Clerks, was presented, and read; taking notice of the Bill for uniting the benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other alterations and reductions in the Judicial Establishments of Scotland; and praying the House to appoint a Select Committee to consider the said Bill, to inquire into the expediency of its proposed enactments, to call for all information necessary and pertinent to its provisions, and to report upon the several points suggested by the Petitioners before passing the Bill into a law, and thereupon to grant such relief in the premises as to them shall seem meet.

Ordered, That the said Petition do lie upon the Table; and be printed.

Petition against Chancery Register Bill.

A Petition of Thomas Alexander Raynsford, Francis Benjamin Bedwell, James Christmas Fry, and Edward Dod Colville, Esquires, the four Sub or Deputy Regisstrars of the High Court of Chancery, William South, and Joseph Collis, Esquires, the two Entering Clerks of the said Court, John Francis Le Cointe, Robert Onebye Walker, Henry Edgeworth Bicknell, James Montresor Standen, Henry Hussey, Francis Robert Bedwell, Cecil Monro, and Edward Dod Colville, the younger, Gentlemen, the eight Articled Clerks to the four above-named Sub or Deputy Registrars, was presented, and read; taking notice of the Bill to regulate the Office of Register and Keeper of the Register and Registers of the High Court of Chancery; and praying, That the same may not pass into a law, and that they may be heard by their counsel, and, if necessary, adduce evidence in support of the prayer of their Petition.

Ordered, That the said Petition do lie upon the Table; and be printed.

Petition relating to Ale and Spirit Licenses (Scotland.)

A Petition of Sir John Maxwell, of Pollok, Baronet, and Robert Wallace, of Kelly, Esquire, being two of the Justices of the Peace for the county of Renfrew, was presented, and read; setting forth, That the Petitioners have learnt with great surprise and deep regret, that certain resolutions of a committee of the magistrates of that county, as to regulations to be observed in the mode of licensing persons to sell Ale and Spirits, have been brought forward to the House, as proof for the still continuing the monopoly system, so long and so unjustly maintained in England, as to Licenses; that the Petitioners were members of this said committee, and did at the time, and now do, conscientiously dissent from the resolutions alluded to, and cannot but here record their surprise and dissatisfaction at these resolutions having been made public, and especially their being used for such a purpose, without the knowledge and consent of a general meeting of that county, by which the said committee was appointed to report, and from which alone these resolutions ought, if at all, to have gone forth; the Petitioners consider, that the former practice in Scotland of licensing every applicant recommended for being so, and of good character, should still be adhered to; the Petitioners believe that the respectability, usefulness and even the morality of the magistracy are placed by the present Act in far greater jeopardy than the morals of the people would be by the continuance of the former practice of licensing; and praying, That the present law, as to licensing to sell Ales and Spirits in Scotland, may be speedily altered and amended, and that in future it shall be made to declare that a good character shall be the sole passport for being licensed, and that loss of license shall be the immediate consequence of a proven intentional contravention of the existing laws for maintaining good order; and further praying, that the resolutions of the committee of magistrates of the county of Renfrew, before alluded to, may not for a moment be supposed to have gone forth by desire, or with the consent of the county at large, or to have its concurrence, and this for the best of all reasons, viz. that these resolutions have been but very partially and inconsistently acted upon in one district, and systematically and practically opposed in the other of the two districts into which the county of Renfrew is divided.

Ordered, That the said Petition do lie upon the Table; and be printed.

Charity Inquiry Bill, ordered.

The House was moved, That the Act 10 Geo. 4, c. 57, to continue until the first day of July One thousand eight hundred and thirty, the Powers of the Commissioners for inquiring concerning Charities in England and Wales, might be read; and the same being read;

Ordered, That leave be given to bring in a Bill to continue the said Act for a time to be limited: And that Mr. Brougham, Mr. Attorney General, and Mr. Solicitor General do prepare, and bring it in.

Petition relative to Suits in Equity.

A Petition of George Conway Montagu, late of Lackham House, in the county of Wilts, but now confined for debt within the walls of the King's Bench, was presented, and read; complaining of the dilatory mode of proceedings in the Court of Chancery; stating the particulars of his case; and praying the House not only to consider the necessity of appointing an independent and auxiliary Judge in aid of the arduous duties imposed upon the present Lord High Chancellor, but also the utility of causing such auxiliary Judge to be a truly independent one, from whose decision to the high tribunal of the Lords there shall be no intermediate appeal.

Ordered, That the said Petition do lie upon the Table.

Ways and Means, deferred.

The Order of the day being read, for the House to resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply granted to His Majesty;

Resolved, That this House will, upon Friday next, resolve itself into the said Committee.

Supply, deferred.

The Order of the day being read, for the House to resolve itself into a Committee of the whole House, to consider further of the Supply granted to His Majesty;

Resolved, That this House will, upon Friday next, resolve itself into the said Committee.

Newborough Church Bill, deferred.

The Order of the day being read, for the third reading of the ingrossed Bill for endowing the Parish Church of Newborough, in the County of Northampton, and three Chapels, called Portland Chapel, Oxford Chapel, and Welbeck Chapel, situate in the Parish of Saint Mary-leBone, in the County of Middlesex, and also a Chapel erected on Sunk Island, in the River Humber;

Ordered, That the Bill be read the third time Tomorrow.

Buckle's Estate Bill, read.

An ingrossed Bill from the Lords, intituled, An Act to enable John Buckle, Esquire, or other Committee of the Estate of William Buckle, a Lunatic, for and in the name and on behalf of the said William Buckle, to consent to the exercise of a Power of Sale over Estates settled on the said William Buckle for his life, and which power is exercisable with the consent of the said William Buckle, was read the first time; and ordered to be read a second time.

And then the House adjourned till To-morrow.