House of Lords Journal Volume 64: 19 June 1832

Die Martis, 19° Junii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Zemindar of Nozeed Bill.

The Order of the Day being read for the further Consideration and Third Reading of the Bill, intituled, "An Act for providing for the Discharge of a Claim in respect of Monies advanced by the late James Hodges Esquire on Security of the Lands of the late Zemindar of Nozeed and Mustaphanagur, in the District of Fort Saint George, in the East Indies, now under the Government of The Honorable the East India Company;" and for the Lords to be summoned;

Counsel were called in:

And Mr. Harrison being further heard in support of the Bill;

And Mr. Miller being also heard in support of the Bill;

As also Mr. Serjeant Spankie in reply:

A Statement of the Account between the Zemindar of Nozeed and the Madras Government, from 1774-75 to 1796-97, was delivered in by the Counsel in support of the Bill, by Assent of the Counsel for the Petitioners against the Bill, and with the Leave of the House; and a like Account was Ordered to be delivered in by the Petitioners against the Bill.

The Counsel were directed to withdraw.

Ordered, That the further Consideration and Third Reading of the said Bill be put off to Tuesday next; and that the Lords be summoned.

Juries (India) Bill.

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

With a Bill, intituled, "An Act to amend the Law relating to the Appointment of Justices of the Peace and of Juries in the East Indies;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Pusey's Estate Bill.

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

To return the Bill, intituled, "An Act for vesting certain Settled Estates of Philip Pusey Esquire, in the Counties of Kent and Berks, in Trustees, for Sale, and for laying out the Money thence arising in the Purchase of other Estates, to be settled to the same Uses;" and to acquaint this House, That they have agreed to the same, with some Amendments, to which they desire their Lordships Concurrence.

Then the House proceeded to take the said Amendments into Consideration.

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

And, A Message was sent to the House of Commons, by Mr. Trower and Mr. Wingfield, to acquaint them therewith.

Richmond Bridge Account delivered.

The House being informed, "That Mr. St. Barbe, from the Commissioners of Richmond Bridge, attended;"

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

"Richmond Bridge Cash Account, 1831."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Prescription Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for shortening the Time of Prescription in certain Cases."

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

It was resolved in the Affirmative.

Representative Peers (Scotland) Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to enable Peers of Scotland to take and subscribe in Ireland the Oaths required for qualifying them to vote in any Election of the Peers of Scotland;"

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. with the 2 preceding Bills.

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

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

Exeter & Crediton Railway Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and maintaining a Railway from the Basin of the Exeter Canal in the Parish of Saint Thomas the Apostle, in the County of Devon, to the Four Mills in the Parish of Crediton, in the said County."

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

Beverley, &c. Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for maintaining certain Roads in the Neighbourhood of the Towns of Beverley, of Kingston-upon-Hull and of North Cave, called "The Beverley, Hessle and North Cave Turnpike Roads."

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

It was resolved in the Affirmative.

Message to H.C. with an Amendment to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with One Amendment, to which their Lordships desire their Concurrence.

Kingston-upon-Hull Pilots Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for better regulating the Pilotage of the Port of Kingstonupon-Hull and of the River Humber; and for other Purposes relating thereto."

Then the following Amendment was made to the said Bill:

Pr. 63. L. 9 & 10. Leave out ("to be")

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

Corporate Funds Bill.

Ordered, That the Bill, intituled, "An Act to prevent the Application of Corporate Property to the Purposes of Election of Members to serve in Parliament," be read a Second Time To-morrow; and that the Lords be summoned.

Metropolis Cemetery Bill.

The Lord Wharncliffe reported from the Lords Committees, to whom the Bill, intituled, "An Act for establishing a General Cemetery for the Interment of the Dead in the Neighbourhood of the Metropolis," 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 made several Amendments thereto."

Which Amendments were read by the Clerk as follow; (vizt.)

"Pr. 28. L. 20. At the End of the Interlineation insert (excluding Saint Katharine's and Blackwall Marsh, in the said County of Middlesex")

"Pr. 29. L. 8. After Clause A. added to the Bill by way of Rider insert Clause A.

"Clause A. And whereas, by virtue of several Acts for constituting Four distinct Rectories in the Parish of Saint Mary-le-bone, the Rector thereof was deprived of a large Portion of his Income arising from Surplice Fees, and the Burial Fees of the whole Parish (excepting those arising from Interments in the Vaults under the District Churches of Christchurch and Trinity) were expressly reserved to him for a Compensation for the said Deprivation; and it is therefore expedient that a larger Fee on certain Interments should be paid to such Rector than to the Incumbents of the other Parishes herein-before mentioned; be it therefore enacted, That so long as the Burial Grounds of the said Parish shall be used by such Parish for the Purpose of Interment, the said Company shall pay unto The Reverend John Hume Spry Doctor of Divinity, the present Rector of the said Parish, or other the Rector for the Time being of the said Parish, upon the Interment of every Person within the consecrated Part of the said Cemetery who shall appear by the Books of the Company to have been removed for the Purpose of Interment from the said Parish of Saint Maryle-bone, in case such Person shall be interred within any Vault, Catacomb or Brick Grave, the Sum of Two Shillings and Sixpence in addition to the Fee of Five Shillings herein-before made payable in respect of such Interment."

"Pr. 29. L. 8. Leave out Clause (I.) added to the Bill by way of Rider.

"Pr. 30. L. 20. After ("Parties") insert ("and with the Consent of the said Ministers so to be licensed to the said Cemetery")

"L. 22. Leave out from ("Cemetery") to ("And") in Line 28.

"Pr. 111. L. 35. At the End of the Interlineation insert ("excluding Saint Katharine's and Blackwall Marsh")

And the said Amendments, being read a Second Time, were agreed to by the House.

Gilfillan v. Henderson, Appellant's Petition for Time to enter into Recogce, referred to Appeal Com ee.

Upon reading the Petition of Michael Gilfillan, Appellant in a Cause depending in this House, to which Alexander Pirie Henderson is Respondent; praying, "That their Lordships will be pleased to grant unto him Fourteen Days further Time to enter into the Recognizance, the Petitioner being in the Profession of the Law in Glasgow, and having been unable to appear before their Lordships to enter into the same within the Time limited:"

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

Sir R. Vaughan v. Lady C. Hamilton et al:

Upon reading the Petition of Sir Robert Williams Vaughan Baronet, Appellant in a Cause depending in this House, to which The Right Honorable Lady Charlotte Sophia Baillie Hamilton, and others, are Respondents; praying their Lordships, "That he may be at liberty to withdraw his Appeal, the Respondents Agent having signed the said Petition, as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioner be at liberty to withdraw his said Appeal, as desired.

Franks Leave to present a Petition for a Bill:

Upon reading the Petition of Sir William Bryan Cooke Baronet, the Committee of the Estates of The Reverend Edward Frank Clerk, a Person of unsound Mind, and of Richard Bacon Frank Esquire, the eldest Son of the said Edward Frank; praying their Lordships, "That, under the Circumstances in the said Petition mentioned, they will be pleased to permit them to present a Petition for a Bill for effecting the Purposes therein mentioned:"

It is Ordered, That the Petitioners be at liberty to present their said Petition for a Bill, notwithstanding the Time limited for receiving Petitions for Private Bills has expired, as desired.

Petition referred to Judges.

Accordingly, Upon reading the Petition of Sir William Bryan Cooke Baronet, the Committee of the Estates of The Reverend Edward Frank Clerk, a Person of unsound Mind, and of Richard Bacon Frank Esquire, the eldest Son of the said Edward Frank; 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. Baron Vaughan and Mr. Justice Bosanquet, 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.

Consolidated Fund Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to apply the Sum of Four Millions out of the Consolidated Fund to the Service of the Year One thousand eight hundred and thirty-two."

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."

Prescription (Tithes) Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for shortening the Time required in Claims of Modus decimandi, or Exemption from or Discharge of Tithes."

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

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

King's County Assizes Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendment made by the Committee of the Whole House to the Bill, intituled, "An Act for holding the Assizes for the King's County, in Ireland, Twice in every Year, at Tullamoore, instead of Philipstown."

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

"Pr. 3. L. 10. Leave out from ("Town") to ("of") in Line 12, and insert ("or Place for holding whereat the Assizes of said County Provision may be made by all such Ways and Means as are prescribed for providing for the holding of the Assizes of any County, County of a City, or County of a Town, under and by virtue")

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

Order for 3 a.

Ordered, That the said Bill be read the Third Time on Friday next.

Churches Building Act Amendment Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to render more effectual an Act passed in the Fifty-ninth Year of His late Majesty King George the Third, intituled, "An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes."

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

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

Anatomy Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for regulating Schools of Anatomy;"

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 Question was put, "Whether the Word ("now") shall stand Part of the Motion?"

It was resolved in the Affirmative.

The Question was put, "Whether the World ("now") shall stand Part of the Motion?"

Then the said Bill was read a Second Time.

Ordered, That the said Bill be committed to a Committee of the Whole House.

The King's Answer to Address.

The Earl of Shaftesbury (in the Absence of the Lords with White Staves) reported, "That they had (according to Order) waited on His Majesty with their Lordships Address of Yesterday; and that His Majesty was pleased to receive the same very graciously, and to say, He would give Directions accordingly."

2d Report of H.C. on Tithes (Ireland) communicated.

The Messengers sent to the House of Commons Yesterday, to request that they would be pleased to communicate to this House a Copy of the Second Report made from the Select Committee appointed by that House on Tithes in Ireland; acquainted the House, That the Commons had delivered to them a Copy of the said Report, as desired."

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

Ordered, That the said Report be printed.

Napier v. Goldie et al. Petition of 2 Respondents to dismiss Appeal, referred to Appeal Com ee.

Upon reading the Petition of Alexander Crombie and Xaveria Glendonwyn, Two of the Respondents in a Cause depending in this House, to which John Napier Esquire is Appellant, and Alexander Goldie, and others, are Respondents; setting forth, "That the Appellant did, on the 14th Day of May last, prefer his Petition of Appeal to this House, complaining of a certain Interlocutor of the First Division of the Lords of Council and Session in Scotland, pronounced on the 7th Day of March last: That the Petitioners are advised, and humbly submit to the Judgment of this House, that the said Petition of Appeal ought not to have been received, the same not having been presented within the Time limited for bringing in Appeals by the Fifty-fifth Standing Order of this House;" and therefore praying their Lordships, That the said Petition may, for the Reasons before submitted to their Lordships, be dismissed, with Costs:"

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

Charitable Funds Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue and extend the Provisions of an Act passed in the Fifty-ninth Year of His Majesty King George the Third, for giving additional Facilities in Applications to Courts of Equity regarding the Management of Estates or Funds belonging to Charities; and for making certain Provisions respecting Estates or Funds belonging to Charities."

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.

Criminal Laws, Petitions from Bangor & Wincanton for Revision of.

Upon reading the Petition of the Inhabitants of Bangor and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to substitute a Law which, when uniformly enforced, will much more effectually suppress the Crime of Forgery than the present sanguinary Enactments, commending itself at the same Time to the conscientious Feelings of the Community:"

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

Upon reading the Petition of the Inhabitants of Wincanton and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to take into their most serious Consideration a Revision of the Penal Code, and the Repeal of the Punishment of Death for Offences against Property:"

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

Adjourn.

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