House of Lords Journal Volume 63: 7 July 1831

Die Jovis, 7° Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Vaughan v. Gronow.

The Answer of Thomas Gronow to the Petition and Appeal of John Edwards Vaughan was this Day brought in.

Lords take the Oaths.

This Day Henry Viscount Hereford and Thomas Philip Lord Grantham took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Poor Laws, Petition from Leeds for Introduction of, into Ireland.

Upon reading the Petition of the Inhabitants of the Parish and Neighbourhood of Leeds, in the County of York, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures for increasing the Happiness and extending the Prosperity of Ireland, and in particular for the Establishment of a System of legal permanent Relief for the Poor of Ireland, as to their Lordships shall seem meet:"

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

Foreign Flour, Petitions against Importation of: (Millers of Liverpool;) of Warrington; of Rochdale; and of Chester.

Upon reading the Petition of the Corn Millers and Corn Mill Proprietors in Liverpool, in the County Palatine of Lancaster, and its Neighbourhood, whose Names are thereunto subscribed:

Also, Upon reading the Petition of the Owners and Occupiers of Corn Mills in Warrington, in the County of Lancaster, and its Neighbourhood, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Owners and Occupiers of Corn Mills in Rochdale, in the County of Lancaster, whose Names are thereunto subscribed; severally praying their Lordships, "That such Protection and Assistance may be afforded to their Property and Trade as the Case may require, either by extending to them the Advantages afforded to the Irish Millers by prohibiting the Importation of Foreign Flour altogether, or by affixing such an additional Duty on that Article as may appear just and necessary:"

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

Upon reading the Petition of the Owners and Occupiers of Corn Mills in Chester, in the County of Cheshire, and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "speedily to grant them effectual Relief, by prohibiting the Admission of Foreign Flour into this District;

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

Labourers Wages, Petitions respecting: (Hales Owen:)

Upon reading the Petition of the Workmen and Labourers of the Parish of Hales Owen, in the County of Salop, whose Names are thereunto subscribed; praying their Lordships "to investigate the Evils occasioned to the Petitioners by the cruel and oppressive Practices of those Masters, who, in the arbitrary Pursuit of the Truck System, compel the Petitioners, some by direct and others by indirect Means, to take the Whole or the greater Part of their hard-earned Wages in Provisions and other Articles, which, though frequently of the worst Qualities, are dealt out to them at inordinate Prices; and administer effectual Relief in the Premises:"

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

Gloucestershire. (2 Petitions.)

Upon reading the Petition of the Tradesmen residing in and near the Manufacturing Districts of the County of Gloucester, whose Names are thereunto subscribed; praying their Lordships "forthwith to pass a Bill making it unlawful for any Manufacturer to carry on or be interested in the Trade or Business of a Retail Shopkeeper, with such other Provisions as to their Lordships shall seem meet:"

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

Upon reading the Petition of the Magistrates, Clergymen, Churchwardens and Overseers residing in and near the Manufacturing Districts of Gloucestershire, whose Names are thereunto subscribed; praying their Lordships "to pass such a Bill as will effectually suppress the Payment of Wages in Truck, and the same to come into Operation immediately:"

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

Tithes Composition Bill.

It was moved, "That the Order made on Monday last "That the Bill, intituled, "An Act for encouraging and facilitating Compositions for Tithes and other Payments arising and payable to Incumbents of Ecclesiastical Benefices in England and Wales," be read a Second Time on Friday next; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Monday next; and that the Lords be summoned.

Suits in Common Law Courts Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to diminish the Expence and prevent the Delay of Suits in the Common Law Courts at Westminster;"

The said Bill was accordingly 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 Ordered to be sent to the House of Commons, by Mr. Adam and Mr. Roupell;

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

Divorce Bills, Standing Order respecting.

The Order of the Day being read for taking into Consideration the Motion made on Monday last; "That when any Petition for any Bill of Divorce shall have been presented to this House in any Case in which any Trial at Nisi Prius shall have been had, or any Writ of Enquiry executed, wherein the Petitioner shall have been Party, the Judge or Under Sheriff before whom such Trial shall have been had, or such Writ of Enquiry executed, do transmit to the Clerk Assistant, to be laid upon the Table of this House, a Report of the Proceedings upon such Trial or Writ of Enquiry; and that no such Bill of Divorce be read a Second Time until such Report shall have been so laid upon the Table of this House;" in order to be made a Standing Order; and that the Lords be summoned;

The said Motion was read by the Clerk.

And Consideration being had thereof;

It was moved, "in Line 5 after ("executed") to insert ("within the United Kingdom")

The same was agreed to; and Ordered accordingly.

Then the Question was put, "Whether to agree to the said Motion as amended?"

It was resolved in the Affirmative.

Ordered, That when any Petition for any Bill of Divorce shall have been presented to this House in any Case in which any Trial at Nisi Prius shall have been had, or any Writ of Enquiry executed within the United Kingdom, wherein the Petitioner shall have been Party, the Judge or Under Sheriff before whom such Trial shall have been had, or such Writ of Enquiry executed, do transmit to the Clerk Assistant, to be laid upon the Table of this House, a Report of the Proceedings upon such Trial or Writ of Enquiry; and that no such Bill of Divorce be read a Second Time until such Report shall have been so laid upon the Table of this House.

Ordered, That the said Order be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House, and printed and published, to the End all Persons concerned may the better take notice of the same.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Payment of Wages in Goods Repeal Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "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;" 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 Thursday the 21st of this instant July; and that the Lords be summoned.

Payment of Wages in Money Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to prohibit, in certain Trades and in certain Parts of Great Britain, the Payment of Wages in Goods or otherwise than in the current Coin of the Realm;" 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 Thursday the 21st of this instant July; and that the Lords be summoned.

Moray's Estate Bill, Petition to change Reference to the Judges:

Upon reading the Petition of James Moray Esquire, of Abercairney, and others, Heirs of Entail of the said Estate; praying, "That their Lordships will be pleased to order that a printed Copy of the Bill, intituled, "An Act for vesting the Entailed Estates of Abercairney and others, in the County of Perth, belonging to James Moray of Abercairney, Esquire, in Trustees, to sell the same or so much thereof as may be necessary, and to apply the Price arising therefrom in the Payment of the Debts affecting or that may be made to affect the said Lands and Estates," may be referred to Lord Mackenzie, One of the Judges of the Court of Session, along with Lord Meadowbank, to take the Consents of the Heirs of Entail of the said Estate now in Scotland, in the Place and Stead of Lord Gillies, as the said Lord Gillies will be necessarily absent from Edinburgh before the said Heirs who are to consent can be assembled there:"

It is Ordered, That a printed Copy of the said Bill, attested by the Clerk of the Parliaments, be referred to Lord Meadowbank, in Scotland, and Lord Mackenzie, in Scotland, to take the Consents to the said Bill of any Heirs of Entail, either for themselves or as Guardians of their Children, entitled to succeed to the Estates mentioned in the said Bill, now in Scotland, who were not in that Country when the Petition for a Bill for the same Purposes was referred by their Lordships to the said Lord Gillies and Lord Meadowbank in the last Session of Parliament, and reported upon to the House; and thereafter to report to the House thereupon.

Judges to take further Consents thereto.

Ordered, That Lord Meadowbank, in Scotland, and Lord Mackenzie, in Scotland, to whom a printed Copy of the last-mentioned Bill has been referred, to take the Consents to the said Bill of any Heirs of Entail, now in Scotland, of the Estates of Abercairney and others, do also take the Consents or receive the Acceptance of any such Trustees or intended Trustees as may be in Scotland, in relation to the said Bill; and report thereupon to the House.

Beattie's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to empower the Judges of the Court of Session in Scotland to take an Account of the Debts and Burdens affecting and that may be made to affect the Entailed Estate of Crieve, and others, in the Counties of Dumfries and Roxburgh, and to sell such Part of the said Estate as may be sufficient to discharge the said Debts and Burdens; and likewise for settling and securing the Lands and Estate of Murrayfield and others, in the said County of Dumfries, to and in favor of Thomas Beattie of Crieve, Esquire, and the Series of Heirs entitled to take by a certain Deed of Entail made by Thomas Beattie of Crieve, Esquire, now deceased; and under the Conditions and Limitations contained in the said Deed, and for vesting in lieu thereof certain Parts of the Estate of Crieve in the said Thomas Beattie Esquire, and his Heirs and Assigns, in Fee-Simple;" was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be ingrossed.

Edwards' Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to effect an Exchange of Lands between Harriet Averina Brunetta Herbert, an infant Ward of the Court of Chancery, and John Edwards Esquire," was committed; That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

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

Gibson v. Kirkland & Sharpe:

Upon reading the Petition and Appeal of Archibald Gibson Esquire, Accountant in Edinburgh, Trustee upon the Sequestrated Estate of Messieurs Wilson and Sons, some Time Iron Masters at Wilsontown; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 21st June 1828; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 27th February 1830, which refused the Desire of the Petitioner's Reclaiming Note; also of an Interlocutor of the said Lord Ordinary, of the 19th January 1831; also of an Interlocutor of the said Lords of Session, of the 17th May 1831, which refuses the Desire of the Petitioner's Reclaiming Note, and adhered to the Judgment complained of; also of an Interlocutor of the said Lords of Session, of the 18th June 1831, in so far as it approved of the Auditors Reports, modified the Account of Expences together with Dues of Extract, and decerned; and praying, "That the same may be reversed, varied or altered, in so far as now complained of, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Kirkland, Merchant in Glasgow, and John Ferguson Sharpe, also Merchant in Glasgow, may be required to answer the said Appeal:"

It is Ordered, That the said John Kirkland and John Ferguson Sharpe may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 4th Day of August next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Dobie to enter into a Recogce on it.

The House being moved, "That Alexander Dobie of Palsgrave Place, Strand, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Archibald Gibson Esquire, on account of his Appeal depending in this House, he residing in Scotland:"

It is Ordered, That the said Alexander Dobie may enter into a Recognizance for the said Appellant, as desired.

Owen's Petition referred to Judges.

Upon reading the Petition of The Reverend Thomas Owen of Dolgelly, in the County of Merioneth, Clerk; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Littledale and Mr. Baron Bolland, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Tithes Commutation Bill.

It was moved, "That the Order made on Monday last, "That the Bill, intituled, "An Act for the Commutation of Tithes in England and Wales," be read a Second Time on Friday next; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Monday next; and that the Lords be summoned.

Labourers in Husbandry Bill withdrawn.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to provide for the better Employment of Labourers in Husbandry, by enabling His Majesty's Justices of the Peace to order a distinct Rate to be made on their Behalf, (to be called the Labour Rate,) with Allowances to such Occupiers of Land as shall find them Employment;" and for the Lords to be summoned;

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

Which being objected to;

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

After Debate,

The said Bill was (by Leave of the House) withdrawn.

Scotch Universities, Address for Accounts respecting.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "An Account of the Number of Degrees taken Annually in the University of Edinburgh, from the Year 1800 to the Year 1830 inclusive; distinguishing the Faculties, and stating the Number of Graduates in each of the Four Faculties respectively; also distinguishing, so far as may be possible, those who have taken Degrees, after Residence and Attendance at Lectures for the Space of One or more Sessions, from those who have received Degrees without such Residence or Attendance."

"And also, Similar Accounts from,

"The University of Glasgow."

"The University of St. Andrews."

"The University of King's College, Aberdeen."

"The University of Marischall College, Aberdeen."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Lord Lieutenants (Ireland) Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to provide for the better Order and Government of Ireland, by Lieutenants for the several Counties, Counties of Cities and Counties of Towns therein;" 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 Bill, as amended, be printed.

Adjourn.

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