House of Lords Journal Volume 63: 27 September 1831

Die Martis, 27° Septembris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Lords take the Oaths.

This Day George Augustus Lord Fisherwick and George Lord Abercromby took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, The Lord Chancellor in the Middle, with The Lord Archbishop of Canterbury on his Right Hand, and The Duke of Richmond on his Left; commanded the Yeoman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

Then the said Commission was read by the Clerk as follows; (viz ^t.)

"William R.

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas in Our said Parliament divers and sundry Acts have been agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say) An Act to apply the Surplus of Ways and Means, and a Sum out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirtyone:" "An Act to authorize and empower the Commissioners appointed by an Act of the Seventh Year of His late Majesty King George the Fourth, for extending to Charing Cross, the Strand and Places adjacent, the Powers of an Act for making a more convenient Communication from Mary-le-bone Park, to make and form a New Street from the Strand to Charles Street, Covent Garden, and to widen the North End of Bow Street into Long Acre; and for other Purposes:" "An Act to repeal, in Part, an Act passed in the Parliament of Ireland in the Thirty-second Year of the Reign of King George the Third, relating to a Portion of the Lands of Ballinaspeg, near the City of Cork, belonging to the See of Cork; and to enable the Bishops of that See to demise the same under certain Restrictions." And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; And for as much as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the accustomed Place for giving Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; Commanding also by these Presents Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Our Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain, to seal these Our Letters Patent with Our Great Seal of Our United Kingdom of Great Britain and Ireland; and also commanding Our most dear Brothers and faithful Councillors Ernest Duke of Cumberland, Augustus Duke of Sussex, Adolphus Duke of Cambridge; Our most dear Cousin and faithful Councillor William Frederick Duke of Gloucester; The Most Reverend Father in God and Our faithful Councillor William Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain; Our most dear Cousin and Councillor Henry Marquess of Lansdowne, President of Our Council; Our well-beloved and faithful Councillor John George Lord Durham, Keeper of Our Privy Seal; Our most dear Cousins and Councillors William Spencer Duke of Devonshire, Chamberlain of Our Household; Charles Duke of Richmond, George William Frederick Duke of Leeds, William Henry Duke of Portland, Arthur Duke of Wellington, Richard Duke of Buckingham and Chandos, Richard Marquess Wellesley, Steward of Our Household; Charles Marquess of Winchester, John Jeffreys Marquess Camden, Henry William Marquess of Anglesey, John Earl of Westmorland, George Earl of Carlisle, Cropley Ashley Earl of Shaftesbury, George Earl of Aberdeen, William Earl Fitzwilliam, George John Earl Spencer, John Earl of Chatham, Henry Earl Bathurst, Charles Earl Grey, John Earl of Eldon, John William Earl of Dudley, William Viscount Melbourne, Robert Viscount Melville, Henry Viscount Sidmouth, Frederick John Viscount Goderich; Our well-beloved and faithful Councillors Henry Richard Lord Holland, William Wyndham Lord Grenville, Edward Lord Ellenborough, Nicholas Lord Bexley, John Singleton Lord Lyndhurst and Charles Lord Tenterden, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same, and also to enrol these Our Letters Patent, and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted and admitted good, sufficient and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding. In Witness whereof We have caused these Our Letters to be made Patent.

"Witness Ourself at Westminster, the Twentyseventh Day of September, in the Second Year of Our Reign.

"By the King Himself, signed with His own Hand.

"BATHURST."

Then The Lord Chancellor said,

"In obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, that His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

Then the Clerk Assistant, having received the Money Bill from the Hands of the Speaker, brought it to the Table, where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow; (viz ^t.)

1. "An Act to apply the Surplus of Ways and Means, and a Sum out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirtyone."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (viz ^t.)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

2. "An Act to authorize and empower the Commissioners appointed by an Act of the Seventh Year of His late Majesty King George the Fourth, for extending to Charing Cross, the Strand and Places adjacent, the Powers of an Act for making a more convenient Communication from Mary-le-bone Park, to make and form a New Street from the Strand to Charles Street, Covent Garden, and to widen the North End of Bow Street into Long Acre; and for other Purposes."

3. "An Act to repeal, in Part, an Act passed in the Parliament of Ireland in the Thirty-second Year of the Reign of King George the Third, relating to a Portion of the Lands of Ballinaspeg, near the City of Cork, belonging to the See of Cork; and to enable the Bishops of that See to demise the same under certain Restrictions."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (viz ^t.)

"Le Roy le veult."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Reform (England) Bill, Petitions against: (Mayor, &c. of Quinborowe:)

Upon reading the Petition of The Mayor, Jurats, Bailiffs and Burgesses of the Borough of Quinborowe, in the County of Kent, under their Common Seal; taking notice of a Bill depending in this House, intituled, "An Act to amend the Representation of the People in England and Wales;" and praying their Lordships, That the same may not pass into a Law, at least that it may be altered and amended so as to preserve the Petitioners vested Elective Franchise, to return Two Representatives to the House of Commons, whole, inviolate and untouched; and that the Petitioners may have Leave to be heard by themselves, their Counsel, Agents and Witnesses, against the said Bill, the Preamble thereof, and the several Clauses thereof which affect their Rights and Interests:"

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

Burgesses of Queenborough:

Upon reading the Petition of the resident Burgesses of the Borough of Queenborough, in the County of Kent, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That the Rights and Privileges which they have so long enjoyed, and humbly contend they have used for the Public Good, may not be withdrawn from them:"

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

Seaford:

Upon reading the Petition of the Electors, Inhabitants and Householders of the Town and Port of Seaford, within the Liberty of the Cinque Ports, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying, "That their Lordships will not proceed to the proposed Disfranchisement of this ancient Borough, which the Petitioners cannot but consider to be a Measure unconstitutional in Principle, uncalled for by Circumstances, and a wanton and unnecessary Spoliation of those vested Rights which have never been forfeited by Political Delinquency:"

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

Reform (England) Bill, Petitions in favor of: (Walbrook, London:)

Upon reading the Petition of the Inhabitants of the Ward of Walbrook, in the City of London, whose Names are thereunto subscribed;

Incorporation of Weavers, Glasgow:

And also, Upon reading the Petition of the Deacon, Collector, Masters and Members of the Incorporation of Weavers in the City of Glasgow, under their Common Seal; taking notice of the last-mentioned Bill, and severally praying, "That their Lordships will, with all convenient Dispatch, pass the same:"

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

Comrs of Police, Glasgow:

A Petition of the General and Resident Commissioners of Police of the Fourth Ward of the City of Glasgow, and other Rate Payers under the Act of Parliament, in Public Meeting assembled, was presented and read; taking Notice of the last-mentioned Bill, and praying their Lordships "to pass the same without Delay, and without Alteration."

Ordered, That the said Petition be received as the Petition of "John Watson junr. Parliamentary Commissioner of Police for the Fourth Ward of the City of Glasgow," who only has signed it.

Morpeth:

Upon reading the Petition of the Bailiffs and Aldermen, Free Burgesses and Free Brothers of the Borough of Morpeth, in the County of Northumberland, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying, "That in any Enactment which their Lordships may make for reforming the Representation of the People they will be pleased to continue to all future resident Burgesses the Right of voting for Members of Parliament:"

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

Royston:

Upon reading the Petition of the Inhabitants of Royston and its Vicinity, in the Counties of Cambridge and Hertford, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to pass it speedily into a Law; and thereby secure the Stability of the Throne, the Welfare of the People, and the Permanence of our Political Institutions:"

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

Perth:

Upon reading the Petition of the Guildry Incorporation of the City of Perth, North Britain; taking notice of the last-mentioned Bill, and praying their Lordships, "as they value the Peace of the Country, to pass the same, without any Alteration in its Principles, or that might tend to induce a Belief in the Public Mind that their Lordships were unwilling to consent to the Removal of the Abuses under which the Parliamentary Representation of the Country now labours, and which the Bill is designed to remove:"

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

Dublin:

Upon reading the Petition of the Nobility, Gentry, Freemen, Freeholders and Householders of the City of Dublin, duly convened at a Public Meeting by The Lord Mayor, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "for the sake of Public Tranquillity, and to avert those Convulsions which have occurred in neighbouring States, speedily to pass the same, and thereby establish upon a Basis of certain Security those valuable Privileges which pertain to their Lordships, as the hereditary Counsellors of the State, Privileges which, when exercised in the genuine Spirit of the Constitution, for the Public Benefit, are strictly accordant with the most enlarged Notions of Public Liberty, and constitute the connecting Link between the Throne and the People:"

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

Romsey Infra & Extra.

Upon reading the Petition of the Mayor, Aldermen, Burgesses and Inhabitants of the Town of Romsey Infra, in the County of Southampton, and also of the Inhabitants of the Parish of Romsey Extra, in the said County, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to ensure to themselves immortal Honour, by supporting that healing Measure, tending, in the Opinion of the Petitioners, to impart fresh Energy to the Body Politic, and give increased Stability to the Rights of King, Lords and Commons:"

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

Galway Elective Franchise, Petitions for Extension of:

Upon reading the Petition of the Protestant Land Owners of Galway, whose Names are thereunto subscribed:

(Protestant LandOwners, Galway:)

Moycullen:

Also, Upon reading the Petition of the Freeholders of the Parish of Moycullen, in the County of Galway, whose Names are thereunto subscribed:

New Town Smith:

Also, Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of New Town Smith, in the Town of Galway, whose Names are thereunto subscribed:

St. Nicholas, Galway.

And also, Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Saint Nicholas, in the Town of Galway, whose Names are thereunto subscribed; severally praying, "That their Lordships will be graciously pleased to equalize Civil Rights in Galway, by extending to the Roman Catholic Mercantile and Trading Classes the Elective Franchise in as full and ample a Manner as the same is now enjoyed by Protestants:"

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

Slane Peerage, Petition of Ld. Dunsany respecting.

Upon reading the Petition of Edward Lord Baron Dunsany, in the Kingdom of Ireland; setting forth, That George Brian Esquire formerly presented a Petition to His Majesty, praying "that He would be graciously pleased to declare the Title of Baron of Slane, in the Peerage of Ireland, to be a Barony in Fee, and now in Abeyance between the said Mr. Brian and the Petitioner:" That various preliminary Proceedings having been had upon the said Petition, it is now under the Consideration of this House, by Reference from His Majesty: That the Petitioner has not hitherto taken any Steps to oppose the Claim of the said Mr. Brian, in consequence of the Reputation in his Family, and his own Belief, that the Barony of Slane together and the other ancient prescriptive Barons of Ireland, were and are exclusively limited to and inheritable solely by the Male Heirs: That Mr. Brian has lately changed the Nature of his Claim, and now asserts that the Petitioner is not a Co-heir with him of the last Lord Slane, but that he is the sole Heir of that Nobleman, and as such now claims the Barony of Slane, not as a Dignity in Abeyance between him and the Petitioner, but as a Title actually vested in him: That as any Decision of their Lordships in favor of Mr. Brian as the sole Heir of Christopher and Randall, formerly Lords Barons of Slane, must prejudice Rights which the Petitioner now holds as the Heir of Mary the eldest Daughter of the said Lord Randall, and may be otherwise most injurious to him, he prays their Lordships not to decide any Point in favor of the said George Brian Esquire, upon the Ground that he is the sole Heir of the late Lord Slane, until due and proper Notice be given to the Petitioner, that he may be enabled to prove, at the Bar of this House, that he is the Heir and Descendant of Mary the Daughter of the said Randall Lord Slane, and the elder Sister of Alice, under whom Mr. Brian claims:"

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

Elective Franchise, Petition of Mayor, &c. of Harwich to be heard in Defence of their Rights.

Upon reading the Petition of The Mayor, Aldermen and Capital Burgesses of the Borough of Harwich, in the County of Essex, under their Common Seal; praying their Lordships, "That they may not be dispossessed of their ancient Right of Elective Franchise, without being fully heard by themselves or Counsel in Defence of it; and that in deliberating upon any Improvements which it may be deemed advisable to make in the Mode or Principle according to which Members are now returned to serve in the Commons House of Parliament, the greatest Care may be taken that no such Changes be introduced as might materially alter the relative Influence of the Three great Branches of the existing Monarchy, and thereby endanger the happy Constitution of these Realms:"

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

Prescription Bill.

Ordered, That the Amendments made to the Bill, intituled, "An Act for shortening the Time of Prescription in certain Cases," be taken into further Consideration on Friday next; and that the Lords be summoned.

Order of the Day discharged.

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

Ordered, That the said Order be discharged.

London, &c. Coal Bill reported:

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 regulating the Vend and Delivery of Coals in the Cities of London and Westminster, and in certain Parts of the Counties of Middlesex, Surrey, Kent, Essex, Hertfordshire, Buckinghamshire and Berkshire."

The said Amendments were read by the Clerk as follow; (viz ^t.)

"Pr. 7. L. 35. After ("hereby") insert ("revived and")

"Pr. 40. L. 7. After ("appointed") insert ("under the said Act of the Ninth Year of the Reign of His late Majesty King George the Fourth, or appointed")

"Pr. 43. L. ult. After ("delivered") insert ("from such Ships")

"Pr. 65. L. 24. & L. 25. Leave out ("appears") and insert ("appeared")

"Pr. 110. L. 27. After ("Affidavit") insert ("according to the Form in the Schedule to this Act annexed")

"Pr. 113. L. 25. Leave out from ("Case") to ("the") in Line 27.

"At the End of the Bill insert the Schedule.

"The Schedule to which the Act refers.

"A.B. of maketh Oath and saith, That the Schedule hereunder written, and signed by this Deponent, contains a true Account and Particular of all the Coals vended and shipped by this Deponent (and C.D. of this Deponent's Partner, as the Case may be,) for Delivery in the Port of London, from the Day of to the Day of both inclusive.

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

Order for 3a.

Ordered, That the said Bill be read the Third Time To-morrow.

Game Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to amend the Laws in England relative to Game;" and for the Lords to be summoned;

The House was accordingly 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 several Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received To-morrow.

Administration of Justice (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to improve the Administration of Justice in Ireland."

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 3a.

Ordered, That the said Bill be read the Third Time To-morrow.

Decrees in Equity Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better Execution of Decrees and Orders made in the Courts of Chancery and Exchequer in England and Ireland respectively."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through Bill, and made several Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Wine Duties Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to equalize the Duties on Wine;" and for the Lords to be summoned;

The said Bill was accordingly 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 To-morrow; and that the Lords be summoned.

Special Constables Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for amending the Laws relative to the Appointment of Special Constables, and for the better Preservation of the Peace;" and for the Lords to be summoned;

The House was accordingly 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 several Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received To-morrow.

Beer Act Amendment Bill:

The Order of the Day being read for taking into further Consideration the Amendments made to the Bill, intituled, "An Act to amend an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;" and for the Lords to be summoned;

The House accordingly proceeded to take the said Amendments into further Consideration:

And the said Amendments, being again read by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Order for 3a.

Ordered, That the said Bill be read the Third Time To-morrow.

Bankruptcy Court Bill read 3a:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to establish a Court in Bankruptcy;" and for the Lards to be summoned;

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

Which being objected to;

The Question was put thereupon?

It was resolved in the Affirmative.

"DISSENTIENT:

Protest thereupon:

"Because I wish to record my humble Opinion, that this Bill, instead of removing Uncertainty and Delay, and Expence in the Administration of the Laws relative to Bankruptcy, will encrease that Uncertainty, Delay and Expence unnecessarily.

"Eldon."

Then the said Bill was read the Third Time.

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

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by Mr. Wing field and Mr. Roupell;

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

Adjourn.

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