House of Lords Journal Volume 63: 15 July 1831

Die Veneris, 15° Julii 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 John Viscount Arbuthnott, Edward Viscount Exmouth and Thomas Henry Lord Oriel took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

E. of Mar v. Lady F. J. Erskine et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Lady Frances Jemima Erskine, and others, Respondents in a Cause depending in this House, to which John Francis Miller Erskine Earl of Mar is Appellant; praying, "That their Lordships will be pleased to grant them Leave to deposit their Case:"

It is Ordered, That the said Petition be referred to the Committee 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.

Bell to enter into a Recog ce on Calder's Appeal.

The House being moved, "That Sydney Smith Bell of Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Calder, on account of his Appeal depending in this House, he living in Scotland:"

It is Ordered, That the said Sydney Smith Bell may enter into a Recognizance for the said Appellant, as desired.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Foreign Flour, Petition from Stockport against Importation of.

Upon reading the Petition of the Owners and Occupiers of Corn Mills in Stockport, in the County of Chester, and the Neighbourhood, whose Names are thereunto subscribed; praying their Lordships, "That the Inducements which exist for the Importation of Flour in place of Wheat may be wholly or in part abandoned; and that their Lordships will afford the Petitioners such Assistance and Protection in the Prosecution of their Business as the Case may require, and the Interests of the Country may demand, and thus prevent those ruinous Consequences which must inevitably ensue both to the Petitioners and the Public at large:"

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

Slavery, Petitions from Welsh Pool & Gillingham for Abolition of.

Upon reading the Petition of the Independent Dissenters and others of Welsh Pool, Montgomeryshire, and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to grant to the Slaves of the West India Islands their Liberty:"

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

Upon reading the Petition of the Inhabitants of Gillingham and its Vicinity, in the County of Dorset, whose Names are thereunto subscribed; praying their Lordships, "That Slavery may be abolished, as a Disgrace to a free Country, as a Source of incalculable Moral and Civil Misery to their Fellow Creatures, as the Occasion of an abominable and barbarous Traffic in Human Flesh, and especially as a National Sin, provoking the Vengeance of Almighty God; and that this Act of Justice may be rendered to the injured Party at the earliest possible Period compatible with the Good of the Slaves; and that the British Legislature would not only declare their Freedom, but also secure to every Child born after the last Day of the present Year the full and unequivocal Possession of his natural and inalienable Rights - his Life, I imbs and Liberty:"

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

Harris v. Kemble et al. Appellant's Petition for an early Day, referred to Appeal Com ee.

Upon reading the Petition of Henry Harris, Appellant in a Cause depending in this House, to which Charles Kemble, and others, are Respondents; praying their Lordships, "That an early Day may be appointed for the hearing of the Petitioner's Petition of Appeal:"

It is Ordered, That the said Petition be referred to the Committee 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.

Union with Ireland, Petition from Boyle for Repeal of.

Upon reading the Petition of the Tradesmen of the Town of Boyle, County of Roscommon, Ireland, whose Names are thereunto subscribed; praying their Lordships "to take the Case of the Tradesmen of Ireland into their most serious Consideration; to restore to them their Native Parliament, as no other Government Measure (in the Petitioners Opinion) will be calculated to prevent Famine, Pestilence, and their consequent Attendants from depopulating Ireland in a great Degree, and to prevent a great Portion of His Majesty's most loyal Subjects from being obliged to seek the Means of Existence in Foreign Countries:"

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

Overseers of the Poor Bill.

Ordered, That the Bill, intituled, "An Act to improve and amend the Nomination of Overseers of the Poor, to define their Powers and Authority, and to make certain Provisions for the better Regulation of Parish Relief," be read a Second Time on Thursday the 4th of August next.

Reform of Parliament, Petition from Westmeath against proposed Measure.

Upon reading the Petition of the Proprietors, Landholders, Freeholders and Inhabitants of the County of Westmeath, whose Names are thereunto subscribed; praying their Lordships, "That in the Event of a similar Bill to that brought forward under the Sanction of His Majesty's Ministers in the late House of Commons, under the specious Appellation of a Bill for a Reform in Parliament, being submitted to them, to pause before they give an irrevocable Assent to a Measure involving the first Principle of the Constitution; involving the good Order and Well-being of the Commonweal in a great Degree now, much more in succeeding Years; involving the Stability of this great Empire; involving, lastly, the long-established Right of the Petitioners to a just Representation in the Imperial Parliament, proportionate to their great and prepondering Stake in the Country; and not to permit a short-sighted Policy, erected upon the shifting Foundation of popular Clamour, to induce their Lordships to overturn by their Vote a Structure built upon the Rock of Ages, which succeeding Generations have surrounded with fresh Ramparts, and regarded with increased Admiration:"

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

Pluralities in the Church Bill presented.

The Lord King presented to the House a Bill, intituled, An Act to prevent Pluralities in the Church in all Cases where the Annual Value arising from the different Benefices shall collectively exceed a certain Sum."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Oswald's Estate Bill, Report of the Judges in Ireland referred to the Com ee.

The Report of the Judges in Ireland, to whom was referred a printed Copy of the Bill, intituled, "An Act to exonerate the Trustees of Richard Oswald of Auchincruive, Esquire, for Advances of Money made by them to Richard Alexander Oswald Esquire, now of Auchincruive, and applied in executing Improvements, as well upon the Entailed Estates left by the said Richard Oswald, as the Fee-Simple Estates acquired by the said Trustees, and partly entailed by them; and to enable the said Trustees to discharge a Part of the Debts incurred by the said Richard Alexander Oswald in improving the said Estates," for the Purpose of taking the Consent of Thomas Spencer Lindsay of Hollymount, in the County of Mayo, Esquire, thereto, was read.

Ordered, That the said Report be referred to the Committee to whom the said Bill stands committed.

Tithe System, Petition from Broughton Astley, &c. for Revision of.

Upon reading the Petition of the Freeholders and Occupiers of Land, and Inhabitants of the Village of Broughton Astley, with the adjoining Hamlets of Sutton-inthe-Elms and Prime Thorpe, in the Hundred of Guthlaxton and in the County of Leicester, whose Names are thereunto subscribed; praying their Lordships "to mitigate or remove such an oppressive Nuisance and Extortion as that of the Tithe System by a thorough and equitable Revision of the present Ecclesiastical Law of Tithes, which the Petitioners supplicate not merely for their own partial Advantage, but for the general Welfare, Happiness and Tranquillity of the Kingdom at large:"

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

Customs, &c. Oaths Abolition Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to abolish certain Oaths and Affirmations taken and made in the Customs and Excise Departments of His Majesty's Revenue, and to substitute Declarations in lieu thereof;"

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

After short Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

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. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Cross and Mr. Trower;

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

Lord Lieutenants (Ireland) Bill, Debate on 3d Reading adjourned.

The Order of the Day being read for the Third Reading of 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; It was moved, "That the said Bill be now read the Third Time."

Which being objected to;

After Debate,

Ordered, That the further Debate be adjourned to Monday next; and that the Lords be summoned.

Bankruptcy Court Bill presented.

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

The Lord Chancellor presented to the House a Bill, intituled, "An Act to establish a Court in Bankruptcy."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Ashton-under-Lyne Tithes Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling disputed Rights respecting Tithes within the Parish of Ashton-under-Lyne, in the County Palatine of Lancaster, and for fixing certain Annual Payments in lieu thereof."

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

It was resolved in the Affirmative.

Aylsham & Cromer Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road from Norwich to Cromer, in the County of Norfolk, and Two Branches of Road leading towards Holt and towards Wolterton, in the said County."

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

It was resolved in the Affirmative.

Doncaster & Tadcaster Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and improving the Road from Doncaster, through Ferrybridge, to the South Side of Tadcaster Cross, in the West Riding of the County of York."

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

It was resolved in the Affirmative.

Southampton Pier Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for erecting and maintaining a Pier and other Works for the more conveniently landing and embarking Passengers in the Port of the Town of Southampton."

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

It was resolved in the Affirmative.

Cheltenham Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving several Roads leading into and from the Town of Cheltenham, in the County of Gloucester; and for making new Branches of Roads to communicate therewith."

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

It was resolved in the Affirmative.

Ferrybridge Inclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for inclosing the several Open Fields, Mesne Inclosures, Ings, Common or Stinted Pastures and Balks within the Manor and Township of Ferrybridge otherwise Ferryfryston, in the West Riding of the County of York."

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 6 preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers;

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

Ramié's Naturalization Bill, Certificate & Petitioner's Attendance dispensed with, & Bill read 2 a, & committed.

Upon reading the Petition of Charles Francis Ramié of the Island of Jersey, Merchant; setting forth, "That in the last Session of Parliament the Petitioner presented to their Lordships a Petition, setting forth, That the Petitioner was born out of His Majesty's Allegiance, but professeth the Roman Catholic Religion, and has given Testimony of his Loyalty and Fidelity to His Majesty and the Good of this United Kingdom; and praying, that Leave might be given to bring in a Bill for his Naturalization: That their Lordships were pleased to give Leave to bring in a Bill according to the Prayer of the said Petition; and on the 21st Day of April last (the Certificate of His Majesty's Principal Secretary of State touching the good Conduct of the Petitioner having been read) the Petitioner duly took the Oath prescribed by Law at the Bar of their Lordships House, and the Bill was then read a Second Time, and committed; but the further Proceedings on the said Bill were stayed by the Prorogation of Parliament: That on the 14th Day of this present Month of July a Bill for the Naturalization of the Petitioner, in the Words of the said former Bill, was, on the Petition of the Petitioner, presented to this House, and read a First Time;" and therefore praying their Lordships, "That another Certificate from The Secretary of State, and the Petitioner's further Attendance to take the Oath, may on this Occasion be dispensed with; and that the said Bill may be forthwith read a Second Time:"

Ordered, That The Secretary of State's Certificate, and also the Petitioner's further Attendance to take the Oath, be dispensed with, as desired.

Then the said Bill was read a Second Time.

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Owen's Petition for a Bill, Witnesses to attend the Judges.

Ordered, That George Capper of the City of Chester, and Thomas Capper, do attend this House on Monday the 25th of this instant July, to be sworn, in order to their being examined as Witnesses before the Judges to whom the Petition of The Reverend Thomas Owen, praying Leave to bring in a Private Bill for the Purposes therein mentioned, stands referred.

Kinkaid's Estate Bill Specially reported.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Bill, intituled, "An Act for vesting certain detached Portions of the Lands and Estates entailed by the deceased John Buchanan Esquire, of Carbeth, in the County of Stirling, in Trustees to sell the same, and to apply the Price arising therefrom in the Purchase of other Lands near to the Mansion House of Carbeth and the Remainder of the said Lands;" "That the Committee had met, and considered the said Bill, and examined the Allegations thereof, which were found to be true; and that all the Parties concerned in the Consequences of the Bill had consented thereto in the Manner required by the Standing Orders of this House, except James Buchanan, (the First Heir of Entail after the Heir in Possession,) who was proved to be at Havre, in France; and also except Margaret Buchanan, (Second Heir of Entail,) who was proved to be at Geneva, in Switzerland; but that George Webster appeared, and consented to the Bill on the Behalf of the said James Buchanan and Margaret Buchanan, by virtue of Two Special Powers of Attorney for such Purpose, which were produced to the Committee, and duly proved; and that the Committee had gone through the Bill, and directed him to report the same to their Lordships, with some Amendments."

Which Report, being read by the Clerk, was agreed to by the House.

Then the Amendments made by the Committee to the said Bill, being read Twice by the Clerk, were agreed to by the House.

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

Thornset Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Road from Thornset, in the County of Derby, to Furnace Colliery within Disley, in the County of Chester, and Two several Branches therefrom," was committed; "That they had 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 directed him to report the same to the House, without any Amendment."

Monmouth Roads Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing and improving several Roads therein mentioned, leading to, through and from the Town of Monmouth; and for making several new Lines and Diversions of Road to communicate therewith, in the Counties of Monmouth, Gloucester and Hereford," was committed.

Barton Road Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing the Road from the Bridge on the old River at Barton to Brandon Bridge, in the County of Suffolk," was committed.

Grosvenor Chapel Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for the Establishment of a Chapel of Ease, to be called Grosvenor Chapel, in the Parish of Saint George Hanover Square, in the County of Middlesex, and for providing for the Maintenance of the said Chapel, and a Stipend for the Minister thereof," was committed.

Lynn (South Gate) Roads Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing and otherwise improving the several Roads from the South Gate in the Borough of King's Lynn into the Parishes of East Walton, Narborough, Stoke Ferry and Downham Market, in the County of Norfolk," was committed.

Lynn (East Gate) Roads Bill.

The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing the Roads from the Borough of King's Lynn, and other Roads therein mentioned; and for making a new Line of Road at Castle Rising, all in the County of Norfolk," was committed.

Resolutions of The East India Co. granting Pensions, &c. delivered.

The House being informed, "That Mr. Danvers, from the Court of Directors of The East India Company, attended;"

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"Resolutions of the Court of Directors of The East India Company, being the Warrants or Instruments granting any Salary or Gratuity:"

And also, "Resolutions of the Court of Directors of The East India Company, being the Warrants or Instruments granting any Pension."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Roscommon & Lanesborough Road, Address for Sums presented for Repair of.

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 all Sums of Money presented and accounted for for the Repair of the Road leading from the Town of Roscommon to Lanesborough, a Distance of Seven Miles, within the last Ten Years; distinguishing the Names of the Persons to whom the Money has been granted by the Grand Jury, and by whom the different Sums have been accounted for at the several Assizes and accounting Sessions during that Period."

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

Adjourn.

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