House of Lords Journal Volume 63: 29 August 1831

Die Lunæ, 29° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Calder v. Aitchison & Co.

The Answer of George Aitchison and Company, Merchants in Leith, to the Petition and Appeal of John Calder, Fish Curer in Leith, was this Day brought in.

Ld. Alvanley takes the Oaths.

This Day William Lord Alvanley took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Glamorganshire Canal Co. v. Blakemore, in Error.

Ordered, That the Cause wherein The Glamorganshire Canal Company are Plaintiffs, and Richard Blakemore is Defendant, be taken into further Consideration To-morrow, at Two o'Clock.

M. of Westmeath v. M. of Salisbury et al.

Ordered, That the Cause wherein George Thomas John Marquess of Westmeath is Appellant, and James Marquess of Salisbury, and others, are Respondents, be taken into further Consideration To-morrow, at Two o'Clock.

Munro & Rose v. Drummond et al.

Ordered, That the Cause wherein Mrs. Catherine Munro and Hugh Rose her Husband are Appellants, and Andrew Berkeley Drummond Esquire, and others, are Respondents, be taken into further Consideration To-morrow, at Two o'Clock.

Owen's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees a legal Estate, which on the Death of Joseph Crewe escheated to His Majesty and The Lord Bishop of Bangor, in an Undivided Third Part of certain Hereditaments in the County of Denbigh, in order to effect a Partition directed by the Court of Chancery."

Then an Amendment was made to the said Bill.

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

It was resolved in the Affirmative.

Message to H.C. with it.

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

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

Thornhill et al. v. Hall.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Richard Badham Thornhill Esquire, and others, are Appellants, and Frederick Hall is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Adair v. Adair et al. Appellant's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of William Adair, Appellant in a Cause depending in this House, to which Mrs. Margaret Adair or Black, and others, are Respondents; praying, "That their Lordships will be pleased to grant him Two Months further Time to lodge his 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.

Cameron v. Mackie et al. Appellant's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of Patrick Cameron Esquire, Appellant in a Cause depending in this House, to which John Mackie, and others, are Respondents; praying, "That their Lordships will be pleased to extend the Time for lodging his Case for Three Weeks, or for such Period as their Lordships shall think fit:"

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

Message from H.C. for Evidence of Dr. Russell & Genl Browne on Mrs. Turton's Divorce Bill:

A Message was brought from the House of Commons, by Mr. Bennett and others, as follows; (vizt.)

"My Lords,

"The Commons have directed me to acquaint your Lordships, that they do request that your Lordships will be pleased to communicate to them a Copy of the Minutes of the Evidence of Dr. Russell and General Browne, given at the Bar of the House of Lords in this and the last Session of Parliament, relative to Mrs. Turton's Divorce Bill."

And then they withdrew.

It was moved, "That a Copy of the Minutes of the Evidence taken on the said Bills be communicated to the Commons."

The same was agreed to, and Ordered accordingly.

Evidence communicated.

The Messengers were again called in, and a Copy of the said Minutes of Evidence was delivered to them.

Criminal Laws, Petition from Wellingborough for Revision of.

Upon reading the Petition of the Inhabitants of Wellingborough, in the County of Northampton, whose Names are thereunto subscribed; praying their Lordships "to remove the Penalty of Death for all Offences against Property, and to substitute other Punishment in aid of the Laws against such Offences:"

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

Order for Lords to be summoned discharged.

It was moved, "That the Order made on Tuesday last, "That all the Lords be summoned to attend the Service of the House on Tuesday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Monday next.

Eau Brink Drainage Bill, The King's Consent signified:

The Lord Holland acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act to alter, amend and enlarge the Powers of the several Acts now in force relating to the new River or Cut from Eau Brink to King's Lynn, in the County of Norfolk, called the Eau Brink Cut; and to raise further Funds for carrying the said Acts into Execution," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

Bill read 3 a:

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

Which being objected to;

The Question was put thereupon?

It was resolved in the Affirmative.

Dissent thereupon:

"DISSENTIENT:

"Because the Bill appeared to me to require Revision and Re-commitment, inasmuch as the Lands lying within the Districts to which it applies differ exceedingly in Value, and do not derive equal Benefit from the Drainage, but they are nevertheless taxed per Acre without any Reference to the Difference in their Value, or to the Disparity of the Advantages they are likely to derive from the Measure; and this Principle, iniquitous in itself, appears to me yet more inadmissible from the Circumstance, that Acts of a similar Nature affecting the Drainage of Land, and especially those relating to the Bedford Level, have practically sanctioned an opposite and more equitable Principle, and apportioned the Tax either to the Value of the Lands or to the Advantage which they respectively derived from the Drainage.

"Vassall Holland."

Then the said Bill was read the Third Time.

Bill passed:

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 the former Messengers;

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

Agricultural Labourers Employment Bill, Com ee put off.

Ordered, That the Sitting of the Committee, to whom the Bill, intituled, "An Act for encouraging and facilitating the Employment of Labourers in Agriculture," stands committed, which stands appointed for Monday next, be put off to Tuesday the 6th of September next.

M. of Ely's Claim, Com ee put off.

Ordered, That the Sitting of the Committee for Privileges, to whom the Petition of John Marquess of Ely, of that Part of the United Kingdom called Ireland, and Baron Loftus of England, praying, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred, which stands appointed for Wednesday next, be put off to Thursday next.

E. of Shrewsbury & Waterford's Claim, Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of John Earl of Shrewsbury of England and Earl of Waterford of that Part of the United Kingdom called Ireland, praying, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred, do meet to consider further of the said Petition on Thursday next; and that Notice thereof be given to His Majesty's Attorney General for England, and to His Majesty's Attorney and Solicitor General for Ireland.

Polewart Peerage, Com ee put off.

Ordered, That the Sitting of the Committee for Privileges, to whom the Petition of Hugh Scott Esquire, of Harden, eldest Son and Heir of the late Walter Scott Esquire, of Harden, and Lady Diana Scott, also deceased, to His Majesty, praying, "That His Majesty will be pleased to make such Reference to the House of Lords on the Right of the Petitioner to the Barony of Polewart, and of this Petition, as may effectually revive the former Proceedings before this House relative to the said Barony, and enable the Petitioner to have the Benefit of all Proofs taken before their Lordships, or their Committee of Privileges, on the former Reference to this House of the Petition and Claim of Dame Ann Palerson Anstruther to the said Barony, and all such other Benefit as the Nature of the Case shall properly allow, and at the same Time to prove the present Right of the Petitioner to the said Barony;" with His Majesty's Reference thereof to this House, stands referred, which stands appointed for Wednesday next, be put off to Thursday next; and that Notice thereof be given to His Majesty's Attorney General, and The Lord Advocate for Scotland.

4th 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; Napier against Crombie and others; Glendonwyn against Goldie and others; Gordon against Goldie and others; the Two Causes Tweddel and another against Fleming; Johnston against Barbour; Holdsworth and others against Fairfax and another; Miller and others against Miller and others; Eiston against Houston; Vaughan against Gronow; Harland and others against Emerson and others; Miller and others against Moodie; William Earl of Mansfield against Scott; Hunter against The Honorable Caroline Cochrane and others; and Bell and another against Gray and others; "That the Committee had met, and considered the Petition of Dame Mary Lucy Elizabeth Gordon, One of the Respondents in the Cause Napier against Crombie and others, praying their Lordships to grant her Leave to lodge her Case as a Party Respondent in the Original Appeal, and had also considered a further Petition of the said Dame Mary Lucy Elizabeth Gordon, as One of the Respondents in the Cause Glendonwyn against Goldie and others, and a Petition of Alexander Crombie and Xaveria Glendonwyn, other Respondents in the last-mentioned Cause, severally praying their Lordships for Leave to lodge their respective Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may respectively be allowed now to deliver in their printed Cases: That the Committee had also considered the Petition of Alexander Crombie, One of the Respondents in the Cause Dame Mary Lucy Elizabeth Gordon against Goldie and others, praying their Lordships to grant him Four Weeks from the 12th Day of this instant August to lodge his Case; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioner may be allowed Ten Days further Time to deliver in his printed Cases: That the Committee had also considered the respective Petitions of the Appellants in the Two Causes Tweddel and another against Fleming, and the Appellants Petitions in the Causes Johnston against Barbour, and Holdsworth and others against Fairfax and another, severally praying their Lordships for further Time to lodge their printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may respectively be allowed a Month's further Time to deliver in their printed Cases: That the Committee had also considered the Appellants Petition in the Cause Miller and others against Miller and others, praying their Lordships to allow a Month from the 16th of this instant August for lodging their printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may be allowed a Month's further Time from the 16th of this instant August to deliver in their printed Cases: That the Committee had also considered the Appellant's Petition in the Cause Eiston against Houston, praying their Lordships to order that the Time for lodging his printed Case may be extended to One Month from the 22d of this instant August; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioner may be allowed a Month's further Time from the 22d of this instant August to deliver in his printed Cases: That the Committee had also considered the Appellant's Petition in the Cause Vaughan against Gronow, praying their Lordships, that the Appeal may be restored, and that he may be at liberty now to lodge the Prints of his Case; and had heard the Agents thereon, and the Committee are of Opinion, That the said Appeal may be restored, and that the Petitioner may be allowed now to deliver in his printed Case: That the Committee had also considered the Appellants Petition in the Cause Harland and others against Emerson and others, praying their Lordships, that the Appeal may be restored, and that the Petitioners may have a Month's further Time to lodge their printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Appeal may be restored, and that the Petitioners may have a Month's further Time to deliver in their printed Cases: That the Committee had also considered the Appellants Petition in the Cause Miller and others against Moodie, praying their Lordships to enlarge the Time for lodging their Case until the next Session of Parliament, or for such other Time as to their Lordships shall seem just; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may be allowed Two Months further Time to deliver in their printed Cases: That the Committee had also considered the Appellant's Petition in the Cause William Earl of Mansfield against Scott, praying their Lordships, that the Time for lodging his Case may be enlarged to a Fortnight; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioner may be allowed a Fortnight's further Time to deliver in his printed Case: That the Committee had also considered the Appellant's Petition in the Cause Hunter against The Honorable Caroline Cochrane and others, praying their Lordships to grant Leave to the Petitioner to alter and amend the Prayer of his Petition of Appeal, in so far as it prays their Lordships to alter, amend or vary the Interlocutors of the 11th of March and 9th of June 1814, and 27th of January 1815, pronounced by the Lord Ordinary, and the Interlocutors of the Inner House, dated the 2d and 9th March 1815, in which the Petitioner acquiesced; and had heard the Agents thereon, and the Committee are of Opinion, That upon the Appellant paying to the Respondents the Sum of Two Guineas, the Expence occasioned to them by reason of the said Petition, the said Appellant may be at liberty to alter and amend the Prayer of his Petition of Appeal by striking out therefrom so much thereof as prays their Lordships to alter, amend or vary the said Interlocutors of the 11th of March and 9th of June 1814, the 27th of January 1815, and the 2d and 9th of January 1815: And that the Committee had also considered the Petition of Robert and George Gray, Two of the Respondents in the Cause Bell and another against Gray and others, praying their Lordships to order that the Recognizance of Thomas Baker, mentioned in the Petition, may be vacated, at the Costs and Charges of the Appellants, and that better and more valid Security for Costs may be given; and had heard the Agents thereon, and had referred the Matter to the Clerk Assistant of the House to make the necessary Enquiries upon the Subject, and had received his Report thereon; and the Committee are of Opinion, That it is not necessary to make any Order upon the said Petition."

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

Netherlands, Return of Sums for Erection of Fortifications in, Ordered.

Ordered, That there be laid before this House "A Return of the Total Sums contributed by Great Britain for the Erection of Fortifications in the Netherlands, or towards the Defence and Incorporation of the Belgic Provinces with Holland, in Fulfilment of the additional Articles of the Convention between Great Britain and the Netherlands, dated 13th August 1814; shewing the Total Amount contributed by Great Britain under each of the Deputations contained in the First of those Articles."

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Warrington &c. Railway Bill, Evidence to be printed.

Ordered, That the Evidence taken from Time to Time before the Committee to whom the Bill, intituled, "An Act to enable the Company of Proprietors of the Warrington and Newton Railway to extend the said Railway from the Termination thereof at Bank Quay, in the Parish of Warrington, in the County Palatine of Lancaster, to Norton, in the County Palatine of Chester," stands committed, be printed.

The Duchess of Kent's Annuity Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to enable His Majesty to grant an Annual Sum to Her Royal Highness Victoria Maria Louisa Duchess of Kent, for a more adequate Provision for Her said Royal Highness, and for the honorable Support and Education of Her Royal Highness The Princess Alexandrina Victoria of Kent;" It was moved, "That the said Bill be now read a Second Time."

The same was agreed to, and Ordered accordingly, Nemine Dissentiente.

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 To-morrow.

Burning Land (Ireland) Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to provide against the setting aside, for Want of Form, Convictions for Offences in burning Land in Ireland."

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

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by the former Messengers;

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

Dublin Railway Bill.

The Marquess of Westmeath reported from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Railroad from Westland Row, in the City of Dublin, to the Head of the Western Pier of the Royal Harbour of Kingstown, in the County of Dublin, with Branches to communicate therewith," 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."

Imports from the Cape of Good Hope, Account of, to be printed.

Ordered, That the Account of the Quantity and of the Official and Real Value of all Imports from the Cape of Good Hope, from the Year ending 5th January 1812 to the Year ending 5th January 1831, both inclusive, distinguishing each Year, and shewing the several Rates of Duty, delivered to the House on the 5th Day of this instant August, be printed.

Canadian Revenues Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act of the Fourteenth Year of His Majesty King George the Third, for establishing a Fund towards defraying the Charges of the Administration of Justice and Support of the Civil Government within the Province of Quebec, in America."

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 next.

Beer Act, Petitions for Alteration of: (Clergymen, Diocese of Salisbury:)

Upon reading the Petition of the Clergymen in the Diocese of Salisbury, whose Names are thereunto subscribed; praying their Lordships, "That such Measures may be speedily devised as shall effectually restrain the Progress of the alarming Evils occasioned by opening Beer Shops under the recent Act for permitting the general Sale of Beer by Retail, whereby the Weight of our National Guilt is largely increased, the Welfare of the Country endangered, the Moral Character of the People deeply and permanently injured, and the Ruin of both their Bodies and Souls rendered more than probable:"

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

Parochial Clergy, Cornwall:

Upon reading the Petition of the Parochial Clergy of the County of Cornwall and Diocese of Exeter, whose Names are thereunto subscribed; praying, "That their Lordships would be pleased to take the Act for permitting the general Sale of Beer by Retail into their early and serious Consideration, for the Purpose of causing such Clauses to be repealed as have been perverted to grievous Abuses, and of making such further Alterations and Corrections as may to their Lordships seem fit:"

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

Society for promoting Observance of the Lord's Day.

A Petition of the Society for promoting the due Observance of the Lord's Day was presented and read; taking notice of the Act for permitting the general Sale of Beer by Retail, and praying their Lordships, "That all Beer Houses may be closed between the Hours of Ten and Twelve in the Morning, Three and Five in the Afternoon, and Six and Eight in the Evening of every Sabbath; that they may be kept open from Eight to Nine o'Clock in the Evening of the Sabbath, and then be closed for the Night, which would afford every Facility to the Public for obtaining Beer for all the different Meal Times of the Day, and no Opportunity would be given for the unnecessary Violation of the Sabbath by the serving of the Article during the Hours of Public Worship:"

Ordered, That the said Petition be received as the Petition of "Daniel Wilson M.A., Vicar, Islington," who only has signed it.

Petitions in favor of the Bill, (E. Jones:)

Upon reading the Petition of Evan Jones of Bethnal Green Road, in the County of Middlesex; praying, "That their Lordships will, before any further restrictive Measures relative to the Sale of Beer pass into a Law, institute an Enquiry as to what have really been the Effects of the Free Trade System in Beer, and compel the Opponents of the Measure to substantiate the Allegations they make; then the Petitioner is perfectly satisfied he, in common with all other Dealers in this essential Beverage to the Working Man, will obtain from the Justice and Policy of the Legislature the Boon so earnestly solicited, the Benefit and Protection yielded by one just, equal and impartial Law for all Dealers in Beer and Ale:"

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

W. Benbow.

Upon reading the Petition of William Benbow, 205, Fleet Street, in the City of London; taking notice of the Act for permitting the general Sale of Beer by Retail, and praying, "That their Lordships will remove the wretched Anomaly, contrary to sound Legislation and the Character of their Lordships, of having Two Descriptions of Traders in Liquor, which restrains one from selling beyond certain Hours, and allows a Receptacle at the next Door to accommodate the Public at all Hours of the Night,-restrains one from selling wholesome Beer, and allows another to sell fiery Spirits all Hours unrestrained; and that their Lordships will throw the Trade open to fair Competition, and place all Dealers on the same Footing, under equal Laws:"

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

Beer Act Amendment Bill, W. Washington's Petition respecting.

Upon reading the Petition of William Washington of No. 136, Golden Lane, in the Parish of St. Luke's, in the County of Middlesex; taking notice of a Bill depending in this House, intituled, "An Act to amend an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;" and praying, That their Lordships will not put any more or other Restrictions upon the Petitioner in the Sale of the Articles of Beer or Porter than what are imposed upon the Licensed Victuallers with whom he has to compete; that they may be restricted to the same Hours for Sale, the same Fines for disorderly Conduct, under the same Laws, Magisterial and Police Regulations; and that their Lordships will not do the Petitioner the Injustice to restrict him in the Sale of his Article, and allow his Customers to be amply and unrestrictedly accommodated within Fifteen Yards of his House, not only with Malt Liquor, but with intoxicating Foreign and British Spirituous Liquors:"

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

Beer Act Amendment Bill.

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

The Earl of Shaftesbury accordingly reported the said Amendments.

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

Then several Amendments were made by the House to the said Bill.

Ordered, That the said Report be taken into further Consideration on Tuesday the 6th of September next; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum diem instantis Augusti, horâ undecimâ Auroræ, Dominis sic decernentibus.