House of Lords Journal Volume 63: 13 October 1831

Die Jovis, 13° Octobris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Harris v. Kemble et al:

After hearing Counsel, as well on Monday the 5th, Wednesday the 7th and Monday the 12th Days of September last, as on Yesterday and this Day, upon the Petition and Appeal of Henry Harris, complaining of a Decree of the Court of Chancery, of the 26th Day of May 1829; and praying, "That the same might be reversed, or that this House will make such other Order in the Premises as to their Lordships should seem meet;" as also upon the separate Answer of Charles Kemble, John Saltren Willett and John Forbes, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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

Vestries Bill, Petition of H. Jackson in favor of, referred to the Com ee.

Upon reading the Petition of Henry Jackson of the Parish of St. Mary-le-bone, taking notice of a Bill depending in this House, intituled, "An Act for the better Regulation of Vestries; and for the Appointment of Auditors of Accounts, in certain Parishes of England and Wales;" and praying their Lordships, "That he may be allowed to be heard before the Select Committee appointed to consider of the said Bill, in support of the same, on behalf of himself and the Parishioners to whom he has been appointed Agent:"

It is Ordered, That the said Petition be referred to the Select Committee to whom the said Bill stands referred, and that the Petitioner be at liberty to be heard in support of the same, as desired.

The House was adjourned during Pleasure.

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

M. of Ailsa introduced.

Archibald Earl of Cassillis, being, by Letters Patent bearing Date the 10th Day of September, in the Second Year of His present Majesty, created Marquess of Ailsa of the Isle of Ailsa, in the County of Ayr, with Remainder to the Heirs Male of his Body, was (in his Robes) introduced between The Marquess of Winchester and The Marquess of Queensberry, (also in their Robes,) the Yeoman Usher of the Black Rod, Garter King of Arms and The Earl Marshal preceding: His Lordship, on his Knee, presented his Patent to The Lord Speaker at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (viz^t.)

"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 entirely-beloved Cousin Archibald Marquess of Ailsa, of the Isle of Ailsa, in the County of Ayr, Greeting: Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our United Kingdom of Great Britain and Ireland, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

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

"Bathurst."

Then his Lordship, at the Table, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the upper End of the Earls Bench.

Inglis et al. v. Harper.

The House (according to Order) proceeded to take into further Consideration the Cause wherein William Inglis, and others, are Appellants, and James Harper Esquire is Respondent:

And Consideration being had thereof accordingly;

Ordered, That the further Consideration of the said Cause be put off sine Die.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Board of Trade, Petition of Ld. Mayor, &c. of Dublin for establishing, in Dublin.

Upon reading the Petition of The Lord Mayor, Sheriffs, Commons and Citizens of the City of Dublin, under their Common Seal; praying their Lordships, "That a Board of Trade may be appointed by Parliament to sit in Dublin, their Object being the Improvement of the Trade, Manufactures, Commerce, Fisheries, Agriculture, all Public Works, and general internal Improvements in Ireland; that such Board be composed of Persons practically acquainted with such Interests; and that the said Board be incorporated with such Powers as their Lordships may consider necessary to carry into practical Effect the Objects desired by the Petitioners:"

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

Poor Relief Bill, brought from H.C. & read 1a:

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act to amend an Act of the Fifty-ninth Year of His Majesty King George the Third, for the Relief and Employment of the Poor;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Standing Orders 26 & 155 to be considered on it.

Ordered, That the Standing Orders No. 26 and No. 155, relative to Bills not being read or proceeded in Twice the same Day, be taken into Consideration To-morrow, in order to their being dispensed with on the last-mentioned Bill; and that the Lords be summoned.

Barbadoes, &c. Provisions Bill, brought from H.C. & read 1a:

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act to allow the Importation of Lumber and of Fish and Provisions Duty-free into the Islands of Barbadoes and Saint Vincent; and to indemnify the Governors and others for having permitted the Importation of those Articles Dutyfree;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Standing Orders 26 & 155 to be considered on it.

Ordered, That the Standing Orders No. 26 and No. 155, relative to Bills not being read or proceeded in Twice the same Day, be taken into Consideration To-morrow, in order to their being dispensed with on the last-mentioned Bill; and that the Lords be summoned.

Hop Duties Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act to regulate the Payment of the Duties on Hops;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Reform (England) Bill, Petitions in favor of: Kinsale:

Upon reading the Petition of the Inhabitants of the Town and Liberties of Kinsale, in the County of Cork, whose Names are thereunto subscribed:

Great Wigston:

And also, Upon reading the Petition of the Inhabitants of Great Wigston, whose Names are thereunto subscribed; taking notice of a Bill lately depending in this House, intituled, "An Act to amend the Representation of the People in England and Wales;" and severally praying their Lordships, "That the same may meet with their Approval, and that they will be pleased to pass the same through this House:"

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

Inverness:

Upon reading the Petition of the Inhabitants of the Royal Burgh of Inverness and its Vicinity, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to pass the same, and thus accede to the Wishes of the Nation:"

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

Deptford.

Upon reading the Petition of the Inhabitants of Deptford, in the Counties of Kent and Surrey, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to give their prompt Assent to the same:"

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

Slavery, Petition from Lismore for Abolition of.

Upon reading the Petition of the Inhabitants of the Town of Lismore and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to take immediate Measures for the Removal of so great a Stain as Slavery from our beloved Country, and thus to rescue it from the Guilt of Oppression, by such prompt Laws as their Lordships may devise:"

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

Yeomanry Corps, (Ireland,) Petition from Carlow for disbanding.

Upon reading the Petition of the Landed Proprietors, Freeholders, Householders and Inhabitants of the Parish of Carlow, of all Denominations, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as they may deem advisable for disbanding the Yeomanry Corps of Ireland, from whom, should they be called out in aid of the Civil Power, the Petitioners have nothing to expect but the most wanton Exercise of lawless Violence, as in the Case of the late unfortunate Circumstances at Newtownbarry:"

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

Vestries Bill, Petition from St. Giles, & St. George Bloomsbury in favor of.

Upon reading the Petition of the Inhabitant Householders of Saint Giles in the Fields and Saint George Bloomsbury, in the County of Middlesex, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for the better Regulation of Vestries; and for the Appointment of Auditors of Accounts, in certain Parishes of England and Wales;" and praying their Lordships, "That the same may pass into a Law:"

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

Galway Elective Franchise, Petitions from Merchants Quay & Roscom, for Extension of.

Upon reading the Petition of the Roman Catholic Inhabitants of Merchants Quay, Galway, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Land Owners, Merchants, Freemen and Freeholders of the Vicarage of Roscom, 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.

Galway Franchise Bill reported:

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to repeal so much of an Act passed in Ireland in the Fourth Year of King George the First, for the better regulating the Town of Galway, and for strengthening the Protestant Interest therein, as limits the Franchise created by the said Act to Protestants only;" 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 directed him to report the same to the House, without any Amendment."

Order for 3 a.

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

Library, E. of Essex added to Com ee on.

Ordered, That The Earl of Essex be added to the Select Committee appointed to consider of some Additions to be made to the Library of this House, and of other Matters relating thereto.

Hospitals (Ireland) Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to amend an Act passed in the Parliament of Ireland in the Fifth Year of His Majesty King George the Third, for establishing Public Hospitals in Ireland;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Whiteboy Offences (Ireland) Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to amend an Act passed in the Parliament of Ireland in the Fifteenth and Sixteenth Years of the Reign of His Majesty King George the Third, intituled, "An Act to prevent and punish tumultuous Risings of Persons within this Kingdom; and for other Purposes therein mentioned;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Sir Giffin Wilson and Mr. Roupell;

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Embankments (Ireland) Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendment made by the Committee of the Whole House to the Bill, intituled, "An Act to empower Landed Proprietors in Ireland to sink, embank and remove Obstructions in Rivers."

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

"At the End of the Bill insert Clause (A.)

"Clause (A.) And whereas it is expedient to provide against any Injury which may otherwise arise to Navigation and Commerce by an injudicious or improper Exercise of the Powers of this Act; be it further enacted, That it shall not be lawful for any Person or Persons, either under the Powers of this Act or otherwise, to make, construct or erect, or to cause to be made, constructed or erected, any Pier, Quay, Wharf, Jetty, Breast or Embankment in or adjoining to any Public Harbour, or any River immediately communicating therewith, so far as the Tide flows up the same, without first obtaining the Authority and Consent of The Lord High Admiral or the Commissioners for executing the Office of Lord High Admiral of the United Kingdom, to be for that Purpose signified in Writing under the Hand of the Secretary of the Admiralty for the Time being; and if any Person or Persons shall make, construct or erect, or cause to be made, constructed or erected, any such Pier, Quay, Wharf, Jetty, Breast or Embankment contrary hereto, every Person so offending shall be deemed guilty of a Misdemeanor, and on Conviction be subject to Punishment by Fine and Imprisonment, at the Discretion of the Court before which the Conviction shall take place; and every such unauthorized Work shall be forthwith abated and removed, and the Shore restored to its former Condition, by or at the Expence of the Person or Persons so unlawfully causing such Work to be made."

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

Then it was moved, in Press 86, Line 19, after ("thereof") to insert the following Clause:

"Provided always, and be it enacted, That nothing herein contained shall authorize or enable any Company or any Trustees constituted or elected under this Act to encroach by their Works or otherwise upon any inclosed Park, inclosed Garden or inclosed Demesne, without the Consent in Writing of the Proprietor thereof."

The Question was put thereupon?

It was resolved in the Affirmative.

Order for 3 a.

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

Arms (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to revive, for One Year, Three Acts made in the Forty-seventh and Fiftieth Years of the Reign of His Majesty King George the Third, and in the Tenth Year of the Reign of His late Majesty King George the Fourth, for the preventing improper Persons from having Arms in Ireland; and to indemnify such Persons as may have acted in the Execution of and pursuant to the Provisions of the said Acts since the Expiration thereof."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Order for 3 a.

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

Fresh Wharf Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable the Commissioners of His Majesty's Treasury to make a Conveyance of Fresh Wharf, in the City of London."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Order for 3 a.

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

Consolidated Fund Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to apply the Sum of One million eight hundred thousand Pounds out of the Consolidated Fund to the Service of the Year One thousand eight hundred and thirty-one; and to appropriate the Supplies granted in this Session of Parliament."

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."

Valuation of Lands (Ireland) Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act of the Seventh Year of the Reign of His late Majesty King George the Fourth, for making Provision for the uniform Valuation of Lands and Tenements in the several Baronies, Parishes and other Divisions of Counties in Ireland, for the Purpose of the more equally levying of the Rates and Charges upon the same."

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.

Military Accounts (Ireland) Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to repeal an Act passed in the Fifty-second Year of the Reign of His Majesty King George the Third, to provide for the more speedy Examination, controuling and finally auditing the Military Accounts of Ireland."

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.

Prescription Bill.

The Order of the Day being read for taking into further Consideration the Amendments made to the Bill, intituled, "An Act for shortening the Time of Prescription in certain Cases;" 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.

Patison & Blincow v. Allan & Co. et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Patison junior and William Blincow are Appellants, and Alexander Allan and Company, and others, are Respondents, ex-parte, the Respondents not having put in their Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondents put in their Answer thereto in the mean time.

Patison & Blincow v. Allan & Co. et al. (2d Appeal.)

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Patison junior and William Blincow are Appellants, and Allexander Allan and Company, and others, are Respondents, ex-parte, the Respondents not having put in their Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondents put in their Answer thereto in the mean time.

Causes Rehearing Bill, 2d Reading, &c. postponed.

The Orders of the Day being read for the Second Reading of the Bill, intituled, "An Act to enable the Lords Spiritual and Temporal in Parliament assembled to re-hear Two Causes therein mentioned;" and for taking into Consideration the Standing Orders No. 26 and No. 155, relative to Bills not being read or proceeded in Twice the same Day, in order to their being dispensed with upon the last-mentioned Bill; and for the Lords to be summoned;

Ordered, That the said Bill be read a Second Time on Monday next, and that the said Standing Orders be then taken into Consideration, in order to their being dispensed with upon the said Bill; and that the Lords be summoned.

Adjourn.

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