BHO

House of Lords Journal Volume 64: 28 June 1832

Pages 328-333

Journal of the House of Lords: Volume 64, 1831-1832. Originally published by His Majesty's Stationery Office, London, [n.d.].

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In this section

Die Jovis, 28° Junii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Ds. Brougham
& Vaux,
Cancellarius.
Archiep. Armacan.
Epus. Landaven.
Epus. Glocestr.
Epus. Exon.
Epus. Cicestrien.
Epus. Hereford.
Epus. Kilmoren.
-
Ds. King.
Ds. Boston.
Ds. Holland.
Ds. Montagu.
Ds. Suffield.
Ds. Kenyon.
Ds. Douglas of Douglas.
Ds. Stuart of Castle Stuart.
Ds. Rolle.
Ds. Carbery.
Ds. Ellenborough.
Ds. Barham.
Ds. Mont Eagle.
Ds. Ponsonby of Imokilly.
Ds. Manners.
Ds. Oriel.
Ds. Ravensworth.
Ds. Bexley.
Ds. Penshurst.
Ds. Somerhill.
Ds. Wharncliffe.
Ds. Rosebery.
Ds. Skelmersdale.
Ds. Wynford.
Ds. Fingall.
Ds. Clements.
Ds. Kenlis.
Ds. Panmure.
Ds. Poltimore.
Ds. Mostyn.
Ds. Segrave.
March. Lansdowne, Præses.
Dux Leeds.
Dux Rutland.
March. Salisbury.
March. Northampton.
March. Westmeath.
March. Cleveland.
March. Westminster.
Comes Westmorland.
Comes Doncaster.
Comes Shaftesbury.
Comes Morton.
Comes Brooke & Warwick.
Comes Cornwallis.
Comes Ilchester.
Comes Radnor.
Comes Bathurst.
Comes Clarendon.
Comes Mansfield.
Comes Carnarvon.
Comes Malmesbury.
Comes Wicklow.
Comes Gosford.
Comes Charleville.
Comes Grey.
Comes Harrowby.
Comes Minto.
Comes Verulam.
Comes Morley.
Vicecom. Leinster.
Vicecom. Hood.
Vicecom. Gordon.
Ds. Dacre.
Ds. Willoughby de Broke.
Ds. Stafford.
Ds. Napier.
Ds. Belhaven & Stenton.
Ds. Hay.

PRAYERS.

The Lord Wynford sat Speaker by virtue of a former Commission.

E. of Strathmore et Ux. v. Ewing.

Counsel (according to Order) were called in to be heard, ex-parte, in the Cause wherein Thomas Bowes Earl of Strathmore and Marianne Countess of Strathmore his Wife are Appellants, and William Ewing is Respondent:

And Counsel having been heard to state and argue the Case on behalf of the Appellants;

The Counsel was directed to withdraw.

Ordered, That the further Consideration of the said Cause be put off 'till To-morrow.

Mac Millan et al. v. Campbell et al.

Counsel (according to Order) were called in to be heard in the Cause wherein Thomas Mac Millan, and others, are Appellants, and Charles Campbell, and others, are Respondents:

And the Appellants and Respondents Counsel being fully heard;

As also One Counsel for the Appellants, by way of Reply;

The Counsel were directed to withdraw.

Then the House proceeded to take the said Cause into Consideration:

And Consideration being had thereof;

Ordered, That the further Consideration of the said Cause be put off sine Die, and that the Respondents Agent do deliver in his Bill of Costs.

Cranstoun et al. v. Bontine.

Ordered, That the Cause wherein Thomas Cranstoun, and others, are Appellants, and Robert Cunninghame Bontine Esquire is Respondent, be heard by Counsel at the Bar To-morrow.

D. of Hamilton v. Aikman.

Ordered, That the Cause wherein Alexander Duke of Hamilton and Brandon is Appellant, and George Robertson Aikman Esquire is Respondent, be heard by Counsel at the Bar To-morrow,

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

King's County Assizes Bill.

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

To return 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;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto.

Reform (Scotland) Bill.

A Message was brought from the House of Commons, by The Lord Advocate for Scotland and others;

With a Bill, intituled, "An Act to amend the Representation of the People in Scotland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Dean & Chapter of Durham's Bill.

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

To return the Bill, intituled, "An Act to enable the Dean and Chapter of Durham to appropriate Part of the Property of their Church to the Establishment of a University in Connexion therewith for the Advancement of Learning;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Londonderry Improvement Bill.

A Message was brought from the House of Commons, by Sir Robert Ferguson and others;

With a Bill, intituled, "An Act to make more effectual Provisions for lighting, cleansing and watching the City of Londonderry, and to amend several Acts relating to the said City;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Lords summoned.

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

Sir T. Slingsby's Estate Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for exchanging Fee-Simple Estates of Sir Thomas Slingsby Baronet, situate at Scriven, Scotton and Farnham, and in the Parishes of Knaresbrough and Farnham, in the County of York, and not in Settlement, for a Part of his Settled Estate situate at Wollas otherwise Woolhouse, in the Township of Appleton Roebuck and Parish of Bolton Percy, in the County of the City of York; and for charging the Estates taken in Exchange with a Portion for Emma Louisa Catharine Slingsby the infant Daughter of Charles Slingsby Esquire, deceased."

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. Cross and Mr. Farrer;

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

Rockingham Forest Inclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for disafforesting and inclosing so much of the Forest of Rockingham as is situate within the Bailiwick of Rockingham, and for inclosing Open and Common Field Lands in Gretton, all within the County of Northampton."

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.

Portman Market Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to amend and enlarge the Powers of an Act for establishing Portman Market, within the County of Middlesex."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

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.

Robertson to enter into a Recogce on Hunter's Appeal.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Hunter, on account of his Appeal depending in this House, he being resident in Scotland:"

The same was agreed to; and Ordered accordingly.

Luke et al. v. Hunter et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Adam Luke, and others, are Appellants, and The Reverend John Hunter, and others, are Respondents:"

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.

Rintoul v. Boyter.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Alexander Rintoul is Appellant, and Alexander Boyter 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.

Patzeker's Naturalization Bill, Certificate produced:

A Certificate from The Right Honorable The Viscount Melbourne, One of His Majesty's Principal Secretaries of State, "That Edward Patzeker, Son of Carl Bernhard Patzeker by Anna Amalia his Wife, born at Memel, had produced to him satisfactory Proof that he is a Person well affected to His Majesty's Royal Person and Government, and of orderly Life and Conduct," was produced and read, pursuant to the Standing Order.

Patzeker takes the Oaths:

Edward Patzeker took the Oaths appointed, in order to his Naturalization.

Bill read 2 a, & committed.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Edward Patzeker."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

Criminal Laws, Petition from Clogheen for Revision of.

Upon reading the Petition of the Inhabitants of the Town of Clogheen and Parish of Shanrahan, in the County of Tipperary, whose Names are thereunto subscribed; praying," That their Lordships will revise the Penal Code, with a view of abolishing the Punishment of Death in Cases for Offences against Property, and substituting in lieu thereof such Penalties as their Lordships may deem fit:"

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

Tithes & Church Rates, (Ireland,) Petitions for Abolition of: (Painstown & Ardmulchan:)

Upon reading the Petition of the Landholders of the Parish of Painstown and Ardmulchan, in the County of Meath, whose Names are thereunto subscribed; praying their Lordships "to take Measures for the total and immediate Abolition of Tithes and Church Rates in Ireland, and by so doing remove that fruitful Source of Discontent which pervades the Land, and places His Majesty's Subjects in hostile Array against each other:"

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

Bally Mac Hugh & Dromloman:

Upon reading the Petition of the Inhabitants of the Parishes of Bally Mac Hugh and Dromloman, of the County of Cavan, Ireland, whose Names are thereunto subscribed; praying their Lordships "to abolish for ever the System of Tithes and Church Cesses in Ireland, which are most oppressive and ruinous to the Petitioners, and so universally complained of by the Country at large:"

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

Carrickmacross.

Upon reading the Petition of the Landholders and Inhabitants of the Parish of Carrickmacross, County Monaghan, whose Names are thereunto subscribed; praying their Lordships "for the total and unqualified Abolition of Tithes in their distressed and distracted Country; and also for Relief from the Injustice of being compelled to build and support Churches with which the Petitioners cannot conscientiously have any Connection; and that their Lordships will repeal that Law, which is not only at variance with the free Spirit of the British Constitution, by giving a Power to the few to tax the many, but materially tends to keep alive that Spirit of Disunion and Animosity with which that unhappy Country, Ireland, has been too long distracted:"

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

Tithes, Vestry Taxes, & Church Rates, (Ireland,) Petition from Kildalkey for Abolition of.

Upon reading the Petition of the Inhabitants of the Parish of Kildalkey, County of Meath, Ireland, whose Names are thereunto subscribed; praying their Lordships for the total Abolition of Tithes, Vestry Taxes and Church Rates in Ireland:"

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

Education, (Ireland,) Petitions from Aughagoure & Kilgiver in favor of proposed Plan.

Upon reading the Petition of the Inhabitants of Aughagoure Parish, in the County of Mayo, whose Names are thereunto subscribed; praying their Lordships "to place sufficient Funds under the Controul of the new Board of Education in Ireland, so as to enable them to extend the Blessings of Education to His Majesty's Irish Subjects:"

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

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Kilgiver, whose Names are thereunto subscribed; praying their Lordships "for their high Sanction to the new Board of Education in Ireland, by which Means the Parliamentary Grants will be made available, and attain the humane Purpose for which such Grants are made, that is the Religious and Moral Education of the Poor of Ireland:"

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

London & Birmingham Railway Bill, Petitions against, referred to the Com ee.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, Owners of Houses and Lands on the Line of the proposed Railway from London to Birmingham:

And also, Upon reading the Petition of the several Persons whose Names are thereunto subscribed, Surveyors of the Highways of the several Parishes and Places therein mentioned; taking notice of a Bill depending in this House, intituled, "An Act for making a Railway from London to Birmingham;" and severally praying their Lordships, "That they may be heard by themselves, their Counsel, Agents and Witnesses against so much of the Preamble of the Bill as affects them, and such of the Provisions by which they are aggrieved; and that the same may not pass into a Law as it now stands:"

It is Ordered, That the said Petitions be referred to the Committee to whom the said Bill stands committed, and that the Petitioners be at liberty to be heard by themselves, their Counsel, Agents and Witnesses against the same, as desired.

Divisions of Counties Bill, Petitions from Bilston & Willenhall to restore Walsall as Place of Election.

Upon reading the Petition of the Freeholders, Householders of the Township of Bilston, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Freeholders, Copyholders and Householders of the Township of Willenhall, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs, in England and Wales, in so far as respects the Election of Members to serve in Parliament;" and severally praying their Lordships, "That the Place of Election for the Southern Division of the County of Stafford may be restored to Walsall, as a very large Majority of the Electors reside many Miles nearer that Place than Lichfield:"

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

Office of Coroner, Petition of R. S. Tighe respecting.

Upon reading the Petition of the Robert Stearne Tighe, late of Mitchelstown, in the County of Westmeath, now a Prisoner for Debt in the Custody of William Jones Esquire, Marshal of the King's Bench; praying their Lordships "to pass a Bill for regulating the Office of Coroner, in such Form as shall secure to the Public the Advantage of the Clause declaring the Coroner's Court to be an open one, and more particularly to ensure to the Prisoners in the Marshalsea of the Court of King's Bench that Protection which the Law intended in the Institution of Inquests upon every Person dying in Prison, but which cannot be relied upon under the actual System of administering the Office of Coroner within that Prison; and that their Lordships may be pleased to direct the Petitioner to be examined before a Committee of their Lordships House:"

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

Reform of Parliament, Petition from Monaghan in favor of.

Upon reading the Petition of the Inhabitants of the Parish of Monaghan, in the County of Monaghan, Ireland, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to do away with all those Anomalies in Legislation which make so wide a Distinction between Members of the same State, and grant to Ireland a Reform Bill equally great, extensive and comprehensive as that conferred on England:"

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

Beer Act Amendment Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and render effectual the Provisions of an Act, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England."

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 received To-morrow.

Corporate Funds Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to prevent the Application of Corporate Property to the Purposes of Election of Members to serve in Parliament;" 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 Report be received To-morrow.

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

Com ee on West India Colonies, Vice Adml Fleeming to attend.

Ordered, That Vice Admiral The Honorable Charles Elphinstone Fleeming do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before the Select Committee on the State of the West India Colonies.

Wheat, Return of Price of, Ordered.

Ordered, That there be laid before this House, "A Return of the highest and lowest Price at which, according to the Official Returns published in The London Gazette, Wheat has been sold in each of the Twenty-four following Years, vizt. from 24th June 1808 to 24th June 1832, (inclusive,) stating the Difference of Fluctuation between the highest and lowest Prices in each Year, the Average of Fluctuation in each Three Years, and the Average Price of each Year, as taken from the Weekly Returns."

2d Report from Com ee on Tithes (Ireland:)

The Lord President reported from the Lords Committees appointed a Select Committee to inquire into the Collection and Payment of Tithes in Ireland, and the State of the Laws relating thereto; and to report their Observations thereon to the House; and to whom were referred certain further Petitions upon the Subject Matter referred to the Committee; "That the Committee had, since they last reported to the House, proceeded to inquire farther into the Circumstances attending the Payment and Collection of Tithes in Ireland, and anxiously to consider whether a Mode might not be devised for remedying the Defects in the present System, both as affecting the Interests of the Church and the Tranquillity of the Country.

"In the Execution of this Purpose they had not thought it necessary to dwell upon disputed Points connected with the Origin of a Property which has so long been recognized by Law, nor to attempt to account for ancient and peculiar Usages under which the Rights derived from it had been more or less extended in different Parts of the same Country.

"They had thought it an Object of greater practical Importance to lay before the House, as far as a full and minute Inquiry could enable them -

"1st. The present Amount of Property claimed or received as Tithe, and the relative Quantities of Land subject to or exempt from that Demand by existing Law or Usage.

"2d. The Nature and Degree of Inconvenience to the Public, as well as of Loss and Difficulty to Individuals, connected with the Circumstances of that Property.

"3d. The Amendments in the existing State of the Law which appear best calculated to obviate, without Injustice or Public Detriment, the Objections which have been found to attach both to the past and present System of the Tithe Laws.

"I.

"It appears from the Evidence and Documents on which the Committee can place the greatest Reliance, that Ireland contains 14,603,473 Statute Acres under Cultivation, out of which it has been computed (though this Calculation necessarily rests upon somewhat uncertain Data) that about One Million are Tithe-free, leaving 13,603,473 Statute Acres to which the Composition Acts might be applied. There are 1,305 Beneficed Clergymen, and 2,312 Parishes, in 1,505 of which the Provisions of the Acts of 1823 and 1824, commonly called the Composition Acts, have taken effect, leaving 807 in which no Composition has been agreed to; 37 of which Parishes are City Parishes, supposed not to pay Tithe, and about Twenty more, for other Reasons, Tithe-free.

"II.

"Although it appears from the concurrent Testimony of the Witnesses examined, that the Payments actually received on account of Tithe in Ireland fall now, and probably have always fallen, far short of what might strictly and legally be required; and the Demands of the Clergy, both as to the Amount and the Strictness with which they have been enforced, have been generally characterized by great Moderation; there is no Species of Property which it has been so difficult to collect, or the Mode of collecting which has caused so much Irritation and Discontent in the Minds of the People. There have been, at Intervals, Attempts more or less frequent in different Parts of the Country to resist or evade the Payment, and special Interpositions of the Legislature have occasionally been found requisite to enable the Clergy to recover what was due to them. From the Payment being required directly from the Occupier out of the Fruits of his Industry, the Burthen is conceived to be heavier than it really is, a Feeling greatly aggravated by the Nature of the Process, the Difficulty of finding proper Persons to enforce it, and the Prejudice entertained against them, as well as by the Multitude of small Payments arising out of various Claims and the minute Subdivision of Land so peculiar to Ireland.

"The Amount claimed and received has necessarily fluctuated with the private Circumstances and Characters of Individuals; and even where the Demand has been less than what was due, it has become a Source of Complaint when compared with the Demand of a comparatively smaller Amount in an adjoining Parish. Unfavourable Associations are at the same Time created in the Minds of the Occupiers upon whom the Payment of Tithes falls in the first instance, especially where a large Majority, as is the Case in the greatest Part of Ireland, are not Members of the Established Church. The Clergy are thus, in too many Instances, unhappily deprived of that just and beneficial Influence which their general Conduct and Habits so well qualify them to exercise, even over Persons of a different Religious Persuasion.

"Many of these Evils have been doubtless removed or mitigated by the Acts of 4th and 5th of George 4th, commonly called the Composition Acts, by which the Clergy and their Parishioners were enabled, under certain Regulations, to agree upon a Composition for the Amount of Tithe for Twenty-one Years. Of the beneficial Effect of these Enactments, as far as they have gone, the Committee entertain no Doubt; but, as it has before been stated, a Proportion amounting to more than One Third of the Parishes in Ireland have not yet adopted the Provisions of these Acts; and as in those that have, the actual Occupiers of the Soil still remain immediately liable to the Payment, or subject to advance the Amount of their respective Compositions, which must in many Instances be collected in minute Sums from a great Number of Persons, the same unfortunate Contact between the Occupier and the Clergyman continues to exist, and the Tenant is led to forget that, if discharged from the Payment of Tithe, he would be called upon for an additional Rent from his Landlord, and to consider that Payment not as a Charge upon the Land but as a Burthen upon himself.

"The general Result has been, that from the defective Operation of the System the Tithe-payer has conceived himself to be subject to a Degree of Pressure far greater than the actual Amount of the Sum paid by him would create; while the Clergy, who are entitled to the Tithe, have reaped a Profit considerably less than the Sum payable by the Occupier of the Land, and attended with Circumstances no less unsatisfactory and painful to their own Feelings than detrimental to the Public Peace and Happiness.

"III.

"For the Purpose of removing these Difficulties, and as a necessary Step towards effecting any great and lasting Improvement, it appears to the Committee that it would be necessary, in the first instance, to pass an Act for making the Composition general and permanent, and for the sake of making it general, compulsory, by enabling The Lord Lieutenant, in all Cases where no Vestry shall have assembled, or having assembled shall not have taken the necessary Measures for a final Arrangement before a certain Day, to appoint a Commissioner in the same Manner as directed by the Act of 4th of George 4, c. 99, and 5th of George 4, c. 63, with full Powers to effect an Adjustment according to the Value of the Tithe founded on the Average Amount payable for the Seven Years next preceding November 1830; and, as the whole Composition is now proposed to be made permanent, a Revision of existing Compositions should not be excluded; both Compositions, the old as well as the new, to be calculated hereafter according to the Variation in the Price of Corn.

"This Object once effected, the Committee desire to suggest, for their Lordships farther Consideration, whether it may not be expedient -

"1. That Laws should be passed for carrying into Effect, with as little Delay as may be found practicable, an Arrangement for charging the Landlord with the Payment, in the first instance, of the Composition for Tithes, Power being given to him to collect the same as a Part of his Rent; and a reasonable Deduction per Cent. being made in consideration of the Trouble and Risk from which the Incumbent or Tithe Owner would be relieved.

"2. That during the Period of any Delay which may occur in carrying into complete Effect the preceding Arrangement, Commissioners should be appointed on behalf of the Church to collect and distribute, with the Assistance of Government, the Amount of the Composition in each Diocese.

"3. That as an additional Advantage to the Landlord, he should be permitted to redeem such Annual Charge upon the Whole or any Portion of his Estate, by fixed Money Payments on advantageous Terms, or by conveying, in Exoneration of the Composition, in whole or in part, Lands equivalent in Value; and that he should be assisted in so doing by the Legislature enabling Tenants for Life, Trustees, &c. to sell, exchange, convey or mortgage for this Purpose Estates under Settlement or belonging to Infants, such Mortgages to take the Precedence of every other Incumbrance.

"4. That for the Purpose of giving greater Facility to effect such Investments in Land for the Benefit of the Church, or Exchanges of Land for Tithe by individual Landholders, it would be desirable that the Duty on all Stamps necessary for that Purpose should be remitted; and it might be advisable, for the sake of giving Encouragement to the Redemption of Tithe in Money, that Government should be enabled to make Advances, at a favourable Rate of Interest, to Landlords for that Purpose, upon Mortgage of their Lands; all Deeds relating to such Mortgages being also exempted from the Stamp Duty."

Which Report being read by the Clerk;

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

Ordered, That the said Report be printed.

Further Evidence reported.

Then The Lord President reported further Minutes of Evidence taken before the last-mentioned Committee, up to the 17th of April last, inclusive, together with an Index and Appendix thereto.

The said Evidence was read by the Clerk (fn. 1);

Ordered, That the Prints of the Evidence be delivered out to all the Members of the House.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Macdougall to enter into a Recogce on Ld. Macdonald's 3 Appeals;

The House being moved, "That Alexander Henderson Macdougall of Parliament Street, Westminster, Gentleman, may be permitted to enter into Recognizances for Godfrey Bosville Lord Macdonald, on account of his Three Appeals depending in this House:"

The same was agreed to; and Ordered accordingly.

and on Henry's Appeal.

The House being moved, "That Alexander Henderson Macdougall of Parliament Street, Westminster, Gentleman, may be permitted to enter into Recognizance for Lieutenant Colonel Robert Henry, on account of his Appeal depending in this House:"

The same was agreed to; and Ordered accordingly.

Ld. Willoughby de Eresby'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 the Estates in the County of Sussex devised by a Codicil to the Will of The Right Honourable Peter late Lord Gwydir, deceased, in Trustees, upon Trust to sell the same, and for laying out the Residue of the Monies arising from such Sale, after Payment thereout of a Charge affecting the same Estates, in the Purchase of other Estates, to be settled to the same Uses;" "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 appeared and consented thereto, except The Honorable William Peregrine Peter Burrell, (Tenant for Life in Remainder under a Codicil to the Will of the Testator, mentioned in the Bill,) who was proved to be at Florence; 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.

Then an Amendment was made by the House to the said Bill.

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

Report of H.C. on Steam Carriages communicated, & referred to Com ee on Steam Carriages Tolls Bill.

The Messengers sent to the House of Commons on Monday last, to request that they would be pleased to communicate to this House a Copy of a Report made from the Select Committee appointed by that House in the last Session of Parliament on Steam Carriages, together with the Minutes of Evidence taken before the Committee, and the Appendix; acquainted the House, "That the Commons had delivered to them a Copy of the said Report, Minutes of Evidence, and Appendix, as desired."

Ordered, That the said Report be referred to the Select Committee to whom the Bill, intituled, "An Act to regulate for Five Years Road Tolls on Steam Carriages," stands referred.

Orders in Council under Cholera Prevention Act delivered.

The Lord President laid before the House, pursuant to the Directions of an Act of Parliament,

"Order of the Lords of the Council, dated 11th June 1832, to enable the Board of Health at Burnley to raise Funds:"

And also, "Order of the Lords of the Council, dated 25th June 1832, enabling the Board of Health for the Parish of Lambeth to recover the Sum of One hundred Pounds from the Officers of that Parish."

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Papers be printed.

London & Birmingham Railway Bill, Petition in favor of.

Upon reading the Petition of the Inhabitants of Leighton Bussard, in the County of Bedford, and its Vicinity, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for making a Railway from London to Birmingham;" and praying their Lordships, "That the same may speedily pass into a Law:"

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

Convention with Russia delivered.

The Earl Grey, by His Majesty's Command, presented to the House,

"Convention between His Majesty and The Emperor of all the Russias; signed at London, November 16th, 1831."

And the Title thereof being read by the Clerk;

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House To-morrow.

Punishment of Death Bill.

Ordered, That the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for abolishing the Punishment of Death in certain Cases, and substituting a lesser Punishment in lieu thereof," be received To-morrow.

Anatomy Bill, Petition of W. Cobbett against.

Upon reading the Petition of William Cobbett of Kensington, in the County of Middlesex; taking notice of a Bill depending in this House, intituled, "An Act for regulating Schools of Anatomy;" and praying, "That their Lordships will not only reject the same, but that they will be pleased to pass a Bill making it Felony in any Person whatever to have a dead Body in his or her Possession, except for the usual Purpose of Christian Burial, or except the Possession be founded on a Sentence agreeably to Law, passed in a Court of Justice:"

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

Members, (H.C.) Seats Vacating Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to alter the Laws now in force relating to the vacating of the Seats of Members of the House of Commons by Acceptance of Offices of Profit under the Crown;" and for the Lords to be summoned;

Ordered, That the said Order be discharged.

Adjourn.

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

Footnotes

  • 1. This Evidence is inserted in the Appendix to this Volume, Appendix No. 1, commencing No. 239 in the Margin.