House of Lords Journal Volume 63: 15 October 1831

Die Sabbati, 15° Octobris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

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

PRAYERS.

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 Duke of Richmond on his Right Hand, and The Earl of Shaftesbury 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 for appointing Commissioners to continue the Enquiries concerning Charities in England and Wales for Two Years, and from thence to the End of the then next Session of Parliament:" "An Act to repeal several Acts and Parts of Acts prohibiting the Payment of Wages in Goods or otherwise than in the current Coin of the Realm:" "An Act to prohibit the Payment, in certain Trades, of Wages in Goods, or otherwise than in the current Coin of the Realm:" "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 Duty-free:" "An Act to explain and amend an Act for regulating the Receipt and future Appropriation of Fees and Emoluments receivable by Officers of the Superior Courts of Common Law:" "An Act to amend and render more effectual an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty, intituled, "An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes:" "An Act to repeal the Laws relating to Apprentices and other young Persons employed in Cotton Factories and in Cotton Mills, and to make further Provisions in lieu thereof:" "An Act to repeal so much of an Act for the Management of the Customs as allows certain Fees to be taken by Officers of the Customs, and to make further Regulations in respect thereof:" "An Act for amending and making more effectual the Laws concerning Turnpike Roads in Scotland:" "An Act to extend the Provisions of an Act passed in the Twentyninth Year of the Reign of His Majesty King Charles the Second, intituled, "An Act for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies;" and for other Purposes:" "An Act for amending the Laws relative to the Appointment of Special Constables; and for the better Preservation of the Peace:" "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:" "An Act to enable the Commissioners of His Majesty's Treasury to make a Conveyance of Fresh Wharf, in the City of London:" "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:" "An Act for the Extension and Promotion of Public Works in Ireland:" "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:" "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:" "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:" "An Act for naturalizing Christian Etzerodt." 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 Fifteenth Day of October, 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 Deputy Clerk of the Crown, at the Table, read the Titles of the Bills to be passed, severally, as follow; (viz ^t.)

1. "An Act for appointing Commissioners to continue the Enquiries concerning Charities in England and Wales for Two Years, and from thence to the End of the then next Session of Parliament."

2. "An Act to repeal several Acts and Parts of Acts prohibiting the Payment of Wages in Goods or otherwise than in the current Coin of the Realm."

3. "An Act to prohibit the Payment, in certain Trades, of Wages in Goods, or otherwise than in the current Coin of the Realm."

4. "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 Duty-free."

5. "An Act to explain and amend an Act for regulating the Receipt and future Appropriation of Fees and Emoluments receivable by Officers of the Superior Courts of Common Law."

6. "An Act to amend and render more effectual an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty, intituled, "An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes."

7. "An Act to repeal the Laws relating to Apprentices and other young Persons employed in Cotton Factories and in Cotton Mills, and to make further Provisions in lieu thereof."

8. "An Act to repeal so much of an Act for the Management of the Customs as allows certain Fees to be taken by Officers of the Customs, and to make further Regulations in respect thereof."

9. "An Act for amending and making more effectual the Laws concerning Turnpike Roads in Scotland."

10. "An Act to extend the Provisions of an Act passed in the Twenty-ninth Year of the Reign of His Majesty King Charles the Second, intituled, "An Act for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies;" and for other Purposes."

11. "An Act for amending the Laws relative to the Appointment of Special Constables; and for the better Preservation of the Peace."

12. "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."

13. "An Act to enable the Commissioners of His Majesty's Treasury to make a Conveyance of Fresh Wharf, in the City of London."

14. "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."

15. "An Act for the Extension and Promotion of Public Works in Ireland."

16. "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."

17. "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."

18. "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."

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

"Le Roy le veult."

19. "An Act for naturalizing Christian Etzerodt."

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

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Bourchier et al. v Dillon et al:

The House (according to Order) proceeded to take into further Consideration the Cause wherein William Bourchier, and others, are Appellants, and Susanna Dillon, and others, are Respondents:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel, as well on Monday the 15th as on Friday the 19th and Monday the 22d Days of March 1830, upon the amended Petition and Appeal of William Bourchier and Margaret his Wife, and Maria Daly; complaining of an Order of the Court of Chancery in Ireland, of the 13th of December 1826; and praying, "That the same might be reversed, or that the Appellants might have such further or other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Susanna Dillon Widow put in to the said Appeal; and which said Appeal was, by Order of this House of the 24th Day of June 1829, ordered to be heard ex-parte as to Stephen Francis Dillon and Charles Dillon, they not having answered the said Appeal, though peremptorily Ordered so to do; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutors Affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Order of the 13th of December 1826, complained of in the said Appeal, be, and the same is hereby Affirmed: And it is further Ordered and Adjudged, That with respect to the Orders of the 17th of July 1813, the 6th of March 1815, the 21st of May 1816, and the 12th of July 1825, also complained of, the said Petition and Appeal be, and is hereby dismissed this House: And it is further Ordered, That the Appellants do pay or cause to be paid to the said Respondent the Sum of One hundred Pounds, for her Costs in respect of the said Appeal.

Mullins et al. v. Townsend:

The House (according to Order) proceeded to take into further Consideration the Cause wherein The Honorable Edward Mullins, and others, are Appellants, and John Townsend Esquire is Respondent:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel, as well on Friday the 14th as on Monday the 17th Days of May 1830, upon the Petition and Appeal of The Honorable Edward Mullins, and Thomas Mullins and William Mullins his Sons; and The Honorable and Reverend Frederick Mullins and Frederick Mullins, William Mullins and Alured Mullins, his Sons; complaining of a Decree of the Court of Exchequer in Ireland, of the 11th of May 1827; and praying, "That the same might be reversed, or that this House would be pleased to make such Order in the Premises as to their Lordships should seem meet;" as also upon the Answer of John Townsend Esquire put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Decree Affirmed, with Costs.

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: And it is further Ordered, That the Appellants do pay or cause to be paid to the said Respondent the Sum of One hundred Pounds, for his Costs in respect of the said Appeal.

Grieve v. Wilson.

Ordered, That the Cause wherein John Grieve is Appellant, and Thomas Wilson is Respondent, be taken into further Consideration on Monday next, at Ten o'Clock.

8th Report from Appeal Com ee.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House; and to report to the House; and to whom were referred certain Petitions in the following Causes; Read against Lyon; Holdsworth and others against Fairfax and another; Cameron against Mackie and others; and M'Tavish against Turner; "That the Committee had met, and considered the Respondent's Petition in the Cause Read against Lyon, praying their Lordships for Leave to lodge his Case; and had heard the Respondent's Agent thereon, and the Committee are of Opinion, That the Petitioner may be allowed now to deliver in his printed Case: That the Committee had also considered the Respondents Petition in the Cause Holdsworth and others against Fairfax and another, praying their Lordships, that they may be allowed until the 11th Day of November next to lodge their Case; and had heard the Respondents Agent thereon, and the Committee are of Opinion, That the Petitioners may be allowed until the 11th Day of November next to deliver in their printed Case: That the Committee had also considered the Appellant's Petition in the Cause Cameron against Mackie and others, praying their Lordships for a further Enlargement of Time for delivering the Prints of his Case, in order that corrected Copies of such Case may be lodged; and had heard the Appellant's Agent thereon, who stated to the Committee, that corrected Copies of the Case were now ready to be lodged; and the Committee are of Opinion, That the Petitioner may be allowed now to deliver in the said Prints of his Case: And that the Committee had also considered the Respondent's Petition in the Cause M'Tavish against Turner, praying their Lordships to dismiss the Appeal, with Costs; and had heard the Agents thereon, and the Committee are of Opinion, That the Matter referred to in the said Petition should be reserved as Matter for Argument in the Appeal, when the Cause shall come on for hearing at the Bar, if the Parties shall so think fit."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

Cameron v. Mackie et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Patrick Cameron Esquire is Appellant, and John Mackie, and others, are Respondents, ex-parte, the Respondents not having delivered their printed Case within the Time limited by the Standing Order of this House:"

And thereupon an Affidavit of James Horn Burnett, Writer to the Signet, of the due Service of the Order of this House on the said Respondents to put in their Answer to the said Appeal, being read;

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 deliver their printed Cases in the mean time.

Reform of Parliament, (Scotland,) Petitions respecting: County of Peebles:

Upon reading the Petition of the Noblemen, Freeholders, Justices of Peace, Commissioners of Supply and Heritors of the County of Peebles, whose Names are thereunto subscribed; praying their Lordships, "That that Part of the Measure for amending the Representation of the People of Scotland, which goes to deprive the County of Peebles of the Right of returning a Representative to Parliament, be not passed into a Law:"

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

Magistrates, &c. of Selkirk:

Upon reading the Petition of the Magistrates and Town Council of the Burgh of Selkirk, as representing themselves and the Community of the said Burgh, under their Common Seal; praying their Lordships "to separate the Burgh of Selkirk from the District to which it has hitherto been united, and to join it in a District with the Burghs of Kelso, Jedburgh and Hawick:"

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

County of Selkirk.

Upon reading the Petition of the Noblemen, Freeholders, Commissioners of Supply, Justices of the Peace, Heritors of the County of Selkirk, Tenants and others, who will be entitled to vote for a Member of Parliament for the County under the Reform Bill for Scotland, whose Names are thereunto subscribed; praying their Lordships not to deprive the County of Selkirk of its ancient Right of returning a Representative of its own to Parliament; and to allow the Petitioners to be heard by Counsel at their Lordships Bar in support of this Petition:"

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

Vestries Bill reported from Select Com ee:

The Earl of Abingdon reported from the Lords Committees appointed a Select Committee to consider of the Bill, intituled, "An Act for the better Regulation of Vestries; and for the Appointment of Auditors of Accounts, in certain Parishes of England and Wales;" That the Committee had met, and considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto."

Standing Orders 26 & 155 dispensed with on it:

Then the House (according to Order) proceeded to take 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 Consideration being had thereof accordingly;

Ordered, That the said Standing Orders be dispensed with on the said Bill.

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

The Question was put thereupon?

It was resolved in the Affirmative.

House in Com

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 now received.

Bill reported, & re-committed.

The Earl of Shaftesbury accordingly reported the said Amendments.

And the same being read by the Clerk;

Ordered, That the said Bill be re-committed to a Committee of the Whole House on Monday next.

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

Proceedings in Bankruptcy, Papers respecting, Ordered.

Ordered, That there be laid before this House, "An Estimate of the Annual Amount of Fees received by the Commissioners of Bankrupt in London, by the Secretary of Bankrupts, by the Patentee in Bankruptcy, and by the Messengers to the Commissioners of Bankrupt; and also of the Expence of Assignments, and Bargains and Sales; which Expences and several Fees are proposed to be abolished by the Bill for establishing a new Court in Bankruptcy:"

Also, "An Estimate of the Establishment to be formed under the Act to establish a Court in Bankruptcy; stating the Offices proposed to be created, and the Pay of each, with their proposed Pensions and retiring Allowances, and from what Funds to be paid:"

And also, "An Account of the Expences of the Office of Secretary of Bankrupts upon the Average of Three Years ending 31st March 1830; distinguishing how much on the Average was retained by the Secretary for his own Use, how much was paid to the Deputy Secretary and each of the Clerks, and how much was applied to pay the general Expences of the Office."

Distillation (Ireland) Bill.

The Orders of the Day being read for the Second Reading of the Bill, intituled, "An Act to consolidate and amend the Laws for suppressing the illicit making of Malt and Distillation of Spirits in Ireland;" 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;

It was moved, "That the said Bill 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.

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.

Valuation of Lands (Ireland) Bill:

The Order of the Day being read for the Third Reading of the Bill, 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;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Military Accounts (Ireland) Bill:

The Order of the Day being read for the Third Reading of the Bill, 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;"

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 Mr. Wingfield and Mr. Roupell;

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

Consolidated Fund Bill.

Ordered, That 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 thirtyone; and to appropriate the Supplies granted in this Session of Parliament," be read the Third Time on Monday next.

Hop Duties Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to regulate the Payment of the Duties on Hops."

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 on Monday next.

3d Report from Com ee on the Library.

The Earl of Shaftesbury reported from the Lords Committees appointed a Select Committee to consider of some Additions to be made to the Library of this House, and of other Matters relating thereto; and to whom it was an Instruction to consider of some Mode for more effectually ventilating the House; and to whom it was also an Instruction to consider whether any and what additional Accommodation can be provided for the Number of Peers who may attend the House during the Remainder of the Session; "That the Committee had again met, and had further considered the said Instructions of the House as to the better ventilating the House, and affording further Accommodation to the Peers; and had come to the following Resolutions; viz ^t.

"Resolved, That the Committee are of Opinion, That the Interior of the House of Lords should be restored to the State in which it was previously to the Address of this House to His Majesty of the 23d of September last, requesting that His Majesty would be graciously pleased to order that the Galleries erected within the House for the Accommodation of the Peers in Session 1820 should be erected for the Accommodation of the Peers during the present Session; and that an humble Address should be presented to His Majesty, to request that His Majesty will be graciously pleased to give Directions for carrying this Resolution into Effect.

"Resolved, That the Committee are of Opinion, That a Gallery should be erected at the lower End of the House (according to a Plan submitted to the Committee by Mr. Smirke); and that an humble Address should be presented to His Majesty, to request that His Majesty will be graciously pleased to give Directions for carrying this Resolution into Effect.

"Resolved, That the Committee are of Opinion, That the Fire-place in the Centre of the House should be removed, and the Space in Front of the same occupied with Benches for the further Accommodation of the Peers; and that an humble Address should be presented to His Majesty, to request that His Majesty will be graciously pleased to give Directions for carrying this Resolution into Effect."

Which Report being read by the Clerk;

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

Ordered, That the said Report be printed.

Ordered, That the said Report be taken into Consideration on Monday next.

Sir S. Stirling & Pearson v. Kelly et al. et e con:

The House proceeded to take into further Consideration the Cause wherein Sir Samuel Stirling Baronet and Alexander Pearson are Appellants, and Mrs. Marion Kelly or M'Kenzie, and others, are Respondents, et e contra:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Thursday the 22d as on Friday the 23d Days of September last, upon the Original Petition and Appeal of Sir Samuel Stirling of Glorat, Baronet, and Alexander Pearson, Writer to the Signet, accepting and surviving Trustees of the deceased John M'Kenzie Esquire, sometime of Garnkirk; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 12th November 1829, in so far as it repels the Objections of the Petitioners to the Accountant's Report; also of an Interlocutor of the said Lords Ordinary, of the 25th May 1830; also of Two Interlocutors of the Lords of Session there, of the Second Division, of the 2d February 1821, and the 11th of July 1821, in so far as it adheres to the Interlocutor reclaimed against, and refuses the Desire of the Petition; and also of Four Interlocutors of the said Lords of Session, of the 12th December 1829, the 20th of May, and 3d and 10th of July 1830; and praying, "That the same might be reversed, varied or altered, in so far as complained of, and as prejudicial to the Petitioners, or that the Petitioners might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" and likewise upon the Cross Appeal of Mrs. Marion Kelly or Mackenzie, Relict of the deceased Alexander Mackenzie, Merchant in Glasgow, William Leckie, Merchant in Glasgow, and Benjamin Mathie, Writer in Glasgow, as surviving Trust Disponees of the said Alexander Mackenzie deceased; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 29th Day of June and 11th Day of July 1826; also of an Interlocutor of the said Lord Ordinary, of 12th November 1829, in so far as it repelled the Petitioners Objections to the Accountant's Report; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 20th of May 1830; also of an Interlocutor of the said Lord Ordinary, of the 25th and signed the 26th of May 1830, in so far as the same is in Conformity with the last-mentioned Interlocutor of the Inner House, where the same proceeded in Opposition to the Reclaiming Note of the Petitioners; and also of an Interlocutor of the said Lords of the Second Division, dated the 3d and signed the 6th of July 1830, in so far as the same required or conditioned Security being found by the Petitioners to answer to the Defenders for the Consequences that might arise against the Petitioners in the accounting with Andrew Duncan and Company; and praying, "That the same might be reversed, varied, or altered, in so far as now complained of, 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 Mrs. Marion Kelly or Mackenzie, Relict of the deceased Alexander Mackenzie, Merchant in Glasgow, William Leckie, Merchant in Glasgow, and Benjamin Mathie, Writer in Glasgow, as surviving Trust Disponees of the said Alexander Mackenzie deceased, put in to the said Original Appeal; and also upon the Answer of Sir Samuel Stirling of Glorat, Baronet, and Alexander Pearson, Writer to the Signet, surviving and acting Trustees of the deceased John Mac Kenzie Esquire, some time of Garnkirk, Merchant in Glasgow, put in to the said Cross Appeal; and due Consideration had this Day of what was offered on both Sides in these Causes:

Interlocutors Affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Original and Cross Appeals be, and are hereby dismissed this House, and that the Interlocutors therein complained of, be, and the same are hereby Affirmed.

Adjourn.

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