House of Commons Journal Volume 85: 1 April 1830

Jovis, 1 die Aprilis; Anno 11 Georgii IV ti Regis, 1830.

Prayers.

Liverpool Improvement Bill, passed.

An ingrossed Bill for the better Paving and Sewerage of the Town of Liverpool, in the County Palatine of Lancaster, and for settling the Boundaries between the said Town and the Township of Kirkdale, and parts of the Townships of Everton and West Derby, was read the third time.

Resolved, That the Bill do pass.

Ordered, That General Gascoyne do carry the Bill to the Lords, and desire their concurrence.

Bolton and Blackburn Roads Bill, passed.

An ingrossed Bill for more effectually repairing and improving the Road from Bolton-in-the-Moors to Blackburn, in the County Palatine of Lancaster, with two Branches of Road therefrom; and for making and maintaining a Branch of Road to or near the Village of Lower Darwen, was read the third time.

Resolved, That the Bill do pass: And that the title be, An Act for more effectually repairing and improving the Road from Bolton-le-Moors to Blackburn, in the County Palatine of Lancaster, with two Branches of Road therefrom; and for making and maintaining a Branch of Road to or near the Village of Lower Darwen.

Ordered, That Lord Stanley do carry the Bill to the Lords, and desire their concurrence.

Edenfield and Little Bolton Roads Bill, passed.

An ingrossed Bill for more effectually repairing and improving the Road from or near Edenfield Chapel to Little Bolton, and the Road leading from and out of the said Road at Booth Pits to or near Bury Bridge, in the County Palatine of Lancaster, and for making and maintaining three several Branches of Road communicating therewith, was read the third time.

Resolved; That the Bill do pass.

Ordered, That Lord Stanley do carry the Bill to the Lords, and desire their concurrence.

Leeds and Selby Railway Bill, reported.

Mr. Marshall reported from the Committee on the Bill for making a Railway from the Town of Leeds to the River Ouse, within the Parish of Selby, in the West Riding of the County of York; and to whom the Petitions of Isabella Ann Dowager Marchioness of Hertford, and of Owners of lands on the line of the Railway thereinafter mentioned; and, of Undertakers of the Navigation of the Rivers Aire and Calder, in the west riding of the county of York, were referred; That the Standing Orders relative to Railway Bills, had been complied with; and that they had heard counsel in support of the said Petitions; and had also heard counsel in favour of the Bill; and that they had examined the allegations of the Bill, and found the same to be true; and had gone through the Bill, and made several Amendments thereunto; and the Report was brought up, and read.

Ordered, That the Report do lie upon the Table.

Petition in favour of Shoreham Bridge Bill.

A Petition of Inhabitants of Brighthelmston, was presented, and read; taking notice of the Bill for more effectually repairing and improving the Road from Brighton to Shoreham, for building a Bridge over the River Adur at New Shoreham, and for making a Road to Lancing, and a Branch Road thereupon, all in the County of Sussex; and praying, That the same may pass into a law.

Ordered, That the said Petition do lie upon the Table.

Petition in favour of Dundee Gas (No. 2.) Bill.

A Petition of several Commissioners for the better paving, lighting, watching and cleansing the burgh of Dundee, and for building and maintaining a Bridewell there, was presented, and read; taking notice of the Bill to establish a Company for lighting with Gas the Town of Dundee, and Places adjacent, in the County of Forfar; and praying, That the same may pass into a law.

Ordered, That the said Petition do lie upon the Table.

Redcross Road Bill, reported.

Lord Francis Osborne reported from the Committee on the Bill for maintaining the Road from Haverhill, in the County of Suffolk, to Redcross, in the Parish of Great Shelford, in the County of Cambridge; That the Standing Orders relative to Turnpike Bills, had been complied with; and that they had examined the allegations of the Bill, and found the same to be true; and had gone through the Bill, and made several Amendments thereunto; and the Amendments were read, and agreed to by the House.

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

Sunderland Harbour Bill, reported.

Mr. William Russell reported from the Committee on the re-committed Bill to amend and enlarge the Powers and Provisions of several Acts relating to the Improvement and Preservation of the River Wear, and of the Port and Haven of Sunderland, in the County Palatine of Durham; That they had made several other Amendments thereunto; and the Report was brought up, and read.

Ordered, That the Report do lie upon the Table.

Petition for Provision in Hagley Inclosure Bill.

A Petition of several Proprietors of estates within the parish of Hagley, in the county of Worcester, was presented, and read; setting forth, That a Bill is depending in the House for inclosing certain Lands in the Parish of Hagley, in the County of Worcester; and that there are within the said parish certain commons or waster lands called Blakedown Common and Harberrow Common, which might be improved if divided and inclosed; and praying, That provision may be made in the Bill for the same.

Ordered, That the said Petition be referred to a Committee:-And it is referred to Mr. Lygon, &c.: And they are to meet To-morrow, in the Speaker's Chamber; and have Power to send for persons papers and records.

Petition against Tiverton Roads Bill.

A Petition of the Owners and Occupiers of lands in the parish of Oakford, in the county of Devon, was presented, and read; taking notice of the Bill for improving several Roads, and making certain new Roads, in the Counties of Devon and Somerset, leading to and from the Town of Tiverton, and for amending an Act of His present Majesty for repairing several Roads leading from and through the Town of Wiveliscombe; and praying, That the same may not pass into a law as it now stands.

Ordered, That the said Petition be referred to the Committee on the Bill.

Radstock Roads Bill, passed.

An ingrossed Bill for more effectually repairing and otherwise improving several Roads from Radstock to Buckland, Dinham, Kilmersdon, Babington and Hallatrow, and from Norton Down to Norton Saint Philip, in the County of Somerset, was read the third time; and an Amendment was made to the Bill.

Resolved, That the Bill do pass.

Ordered, That Sir William Guise do carry the Bill to the Lords, and desire their concurrence.

Axmouth Harbour Bill, passed.

An ingrossed Bill for maintaining and governing the Harbour of Axmouth, and Works connected therewith, in the Parish of Axmouth, in the County of Devon, was read the third time.

Resolved, That the Bill do pass.

Ordered, That Mr. Bastard do carry the Bill to the Lords, and desire their concurrence.

Petition against throwing open the Tade in Beer.

A Petition of Inhabitants of Nottingham and neighbourhood, was presented, and read; setting forth, That the Petitioners are owners and occupiers of inns and public-houses in Nottingham and the immediate vicinity, and have invested the whole or greater portion of their means in such property; that the partial opening of the trade in Beer by Retail has not conferred upon the public the proposed and contemplated benefits, it has neither induced the consumption of malt liquor in private houses, nor produced a cheaper and better beverage, or improved the morals of the humbler classes of society, but quite the reverse; and the Petitioners, judging from the effect of a partial trial, apprehend, that by a general opening of the trade in Beer, greater evils will result, not only to themselves individually, but to the public at large; that the Petitioners thus respectfully appeal to the justice of the House not to pass a law to the exclusive injury of one class of individuals of His Majesty's subjects; and praying, That the House will pause ere they sanction a mea sure so pregnant with mischief to the Petitioners; and that the Petitioners may be heard by counsel at the bar of the House against the passing of any Act for throwing open the trade in Beer by Retail.

Ordered, That the said Petition be referred to the Select Committee on the Sale of Beer.

St. Giles Vestry Bill, reported.

Lord John Russell reported from the Committee on the Bill for the better regulation of the Affairs of the joint Parishes of Saint Giles-in-the-Fields and Saint George Bloomsbury, in the County of Middlesex, and of the separate Parishes of Saint Giles-in-the-Fields and Saint George Bloomsbury, in the same County; and to whom the Petition of William Mathew Thiselton, of Great Russell-street, Bloomsbury; and, of Inhabitant Householders of the parishes of Saint Giles-in-the-Fields, and Saint George Bloomsbury, in the county of Middlesex, were referred; That no person appeared on behalf of the first-mentioned Petition, and that they had considered the second-mentioned Petition; and had also heard counsel in favour of the Bill; and that they had examined the allegations of the Bill, and found the same to be true; and had gone through the Bill, and made several Amendments thereunto: And the Report was brought up, and read.

And the Amendments made by the Committee to the Bill, as far as the Amendment in fo. 22. 1. 3. being read a second time, were agreed to by the House.

The Amendment in fo. 22. 1. 3. which was to fill the blank with the words "Thirty pounds," being read a second time;

An Amendment was proposed to be made to the said Amendment, by leaving out "Thirty," and inserting "Fifteen," instead thereof.

And the Question being put, That "Thirty" stand part of the said Amendment;

So it was resolved in the Affirmative:-And the said Amendment was agreed to by the House.

Then the Amendments made by the Committee to the Bill, as far as the Amendments in fo. 22. 1. 13. being read a second time, were agreed to by the House.

The Amendment in fo. 22. 1. 13. which was to fill the blank with the words "Thirty pounds," being read a second time;

And a Motion being made, and the Question being put, That this House doth agree with the Committee in the said Amendment;

So it was resolved in the Affirmative:-And the said Amendment was agreed to by the House.

Then the Amendments made by the Committee to the Bill, as far as the Amendment in fo.23. 1. 2. being read a second time, were agreed to by the House.

The Amendment in fo. 23. 1. 2. which was to fill the blank with the word "Four," being read a second time;

And a Motion being made, and the Question being proposed, That this House doth agree with the Committee in the said Amendment; (it was proposed to fill the blank with the word "Three," instead of the word "Four")

And the Question being put, That this House doth agree with the Committee in the said Amendment, to fill the blank with the word "Four;"

So it was resolved in the Affirmative. Then the residue of the Amendments made by the Committee to the Bill, being read a second time, were agreed to by the House.

A Motion was made, and the Question being put, That the Bill be re-committed;

So it passed in the Negative.

Ordered, That the Bill, with the Amendments, be in grossed.

Tanjore Commissioners Bill, passed.

An ingrossed Bill to continue an Act of the fifth year of His present Majesty, for enabling the Commissioners acting in execution of an Agreement made between the East India Company and the private Creditors of the late Rajah of Tanjore, the better to carry the same into effect, was read the third time.

Resolved, That the Bill do pass.

Ordered, That Mr. Astell do carry the Bill to the Lords, and desire their concurrence.

The Lords have agreed to

A Message from the Lords, by Mr. Wingfield and Sir Giffin Wilson:

Mr. Speaker,

The Lords have agreed to the several Bills following, without any Amendment; viz.

Catterick Bridge and Durham Road Bill.

A Bill, intituled, An Act for maintaining the Road from Catterick Bridge, in the County of York, by the Towns of Yarm and Stockton, and through the Town of Sedgefield, to the City of Durham:

Brechfâ Road Bill.

A Bill, intituled, An Act for more effectually amending, improving and maintaining the Road leading from Nantgaredig to Brechfâ, and from Brechfâ to the River Tivy, near Llanllooney Church; and also, a Road from Brechfâ aforesaid to Llansawel, all in the County of Carmarthen:

Rawcliffe Inclosure Bill.

A Bill, intituled, An Act for dividing and inclosing certain Moss and other Grounds in the Manors and Townships of Out Rawcliffe and Middle Rawcliffe, and Stalmine-with-Stainall, in the Parishes of Saint Michael-uponWyer and Lancaster, in the County Palatine of Lancaster:-And then the Messengers withdrew.

Acle and Yarmouth Road Bill, reported.

Mr. Rumbold reported from the Committee on the Bill for making a Turnpike Road from the Bridge over the River Bure at Great Yarmouth to Acle, with certain Branches therefrom, all in the County of Norfolk; That they had examined the allegations of the Bill, and found the same to be true; and had gone through the Bill, and made several Amendments thereunto; and the Amendments were read, and agreed to by the House.

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

Petition against Dewsbury Road and Bridge Bill.

A Petition of the Right honourable the Earl of Cardigan, and, of Owners and Proprietors of estates, and other Inhabitants of the township of Ossett, in the parish of Dewsbury, in the west riding of the county of York, was presented, and read; taking notice of the Bill for making and maintaining a Road from Dewsbury to Horbury Bridge, in the West Riding of the County of York, with a Branch Road therefrom; and praying, That they may be heard by their counsel or agents against certain parts thereof.

Ordered, That the said Petition be referred to the Committee on the Bill; and that the Petitioners be heard by their counsel or agents upon their Petition, if they think fit.

Ordered, That counsel be admitted to be heard in favour of the Bill, against the said Petition.

Committee on Lord Ellenborough's Divorce Bill.

Ordered, That the Order of the day, for the House to resolve itself into a Committee of the whole House, to consider further of the ingrossed Bill from the Lords, intituled, An Act to dissolve the Marriage of the Right honourable Edward Baron Ellenborough with the Right honourable Jane Elizabeth Baroness Ellenborough his now Wife, and to enable him to marry again, and for other purposes therein mentioned, be now read; and the same being read:-The House resolved itself into the Committee; and, after some time spent therein, Mr. Speaker resumed the Chair; and Sir George Clerk reported from the Committee, That they had heard counsel and examined witnesses for the Bill; and that no counsel or party appeared before the Committee to oppose the Bill; and that the Committee had directed him to report the Bill to the House without any Amendment.

Minutes ordered; No. 214. presented.

Ordered, That the Minutes of the Evidence taken before the Committee, be laid before this House.

Sir George Clerk accordingly presented the said Minutes.

Ordered, That the said Minutes do lie upon the Table; and be printed.

Petition for repeal of Duty on Candles.

A Petition of Tallow Chandlers resident in Leeds, was presented, and read; praying he House to repeal the laws relative to the Excise Duty upon Candles.

Ordered, That the said Petition do die upon the Table; and be printed.

Petitions for repeal of East India Charter.

A Petition of Inhabitants of the Clothing district of Stanningley;-of Mirfield;-and, of Stanley-cum-Wrenthorpe, in the county of York,-were presented, and read; praying, That the trade between this country, China, and the interior of India may be completely opened to the enterprise, skill and industry of all British subjects, without distinction or reservation.

And the said Petitions were ordered to be referred to the Select Committee on East India Company's Affairs.

A Petition of Inhabitants of the Clothing district of Rawden, in the county of York, was also presented, and read; praying, That the East India Company's monopoly may be abolished.

Ordered, That the said Petition do lie upon the Table; and be printed.

Insolvent Debtors Bill, presented. No. 216.

Mr. Solicitor General presented a Bill to continue and amend the Laws for Relief of Insolvent Debtors in England: And the same was read the first time; and ordered to be read a second time upon Tuesday the 27th day of this instant April.

Ordered, That the Bill be printed.

Court of Session (Scotland) Bill, ordered.

Ordered, That leave be given to bring in a Bill for uniting the Benefits of Jury Trial in Civil Causes with the Ordinary Jurisdiction of the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments of Scotland: And that the Lord Advocate, Mr. Secretary Peel and Mr. Solicitor General do prepare, and bring it in.

And the House having continued to sit till after twelve of the clock on Friday morning;

Veneris, 2 die Aprilis, 1830:

Mayor of Galway to be heard by Counsel.

The House was moved, That the Petition of James Hardiman Burke, Esquire, Mayor of Galway, which was presented to the House upon Tuesday last, praying that he may be heard by counsel against the Bill to repeal so much of an Act passed in Ireland, in the fourth year of the reign of King George the First, for the better regulating the Town of Galway, and for strengthening the Protestant Interest therein, as limits the Franchise created by the said Act to Protestants only, might be read; and the same being read;

Ordered, That James Hardiman Burke, Esquire, the Mayor of Galway, be heard by his counsel before the Committee on the said Bill.

Forgeries Punishment Bill, ordered.

The House was moved, That the several Acts relative to the Punishment for Forgery, might be read; and the same being read;

Ordered, That leave be given to bring in a Bill for reducing into one Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery: And that Mr. Secretary Peel, Mr. Attorney General and Mr. Solicitor General do prepare, and bring it in.

Administration of Assets (Ireland) Bill, ordered.

The House was moved, That the Act 38 Geo. 3, c. 87, for the Administration of Assets in cases where the Executor to whom Probate has been granted is out of the Realm, might be read; and the same being read;

Ordered, That leave be given to bring in a Bill to amend and extend to Ireland all the provisions of an Act pa sed in the Parliament of Great Britain, in the 38th year of George the Third, intituled, "An Act for the Administration of Assets in cases where the Executor, to whom Probate has been granted, is out of the Realm:" And that Mr. Moore and Dr. Lushington do prepare, and bring it in.

Convention of Commerce with Austria, presented.

Mr. Secretary Peel presented to the House, by His Majesty's command,-Copy of a Convention of Commerce and Navigation between His Britannick Majesty and the Emperor of Austria, signed at London, December 21st, 1829.

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

Forgeries Punishment Bill, presented. No. 217.

Mr. Secretary Peel presented a Bill for reducing into one Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery: And the same was read the first time; and ordered to be read a second time upon Monday the 26th day of this instant April.

Ordered, That the Bill be printed.

Four per Cent. Annuities Bill, presented.

Mr. Dawson presented a Bill for transferring certain Annuities of Four Pounds per Centum per Annum, into Annuities of Three Pounds and Ten Shillings, or Five Pounds per Centum per Annum: And the same was read the first time; and ordered to be read a second time this day.

Correspondence relating to Morden College, presented.

Mr. William Peel presented to the House, pursuant to their Address to His Majesty,-A Copy of all Correspondence between the Commissioners of Charities and the Trustees of Morden College, in the Parish of Kidbrook, in the County of Kent.

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

Bogs Drainage (Ireland) Bill, committed.

A Bill for draining and allotting the Bogs of Ireland, was, according to Order, read a second time; and committed to a Committee of the whole House for Monday next.

Labourers Wages Bill, ordered.

The House, according to Order, resumed the adjourned Debate upon the Motion made upon Wednesday the 17th day of March last, That leave be given to bring in a Bill to amend and render more effectual the Laws prohibiting the Payment of Wages otherwise than in Money;

And the Question being put;

Ordered, That leave be given to bring in the Bill: And that Mr. Benson and Mr. Littleton do prepare, and bring it in.

Fisheries Bill, deferred.

The Order of the day being read, for the second reading of the Bill to continue, for a time to be limited, the several Acts for the Encouragement and Improvement of the British and Irish Fisheries;

Ordered, That the Bill be read a second time this day.

Arms (Ireland) Bill, deferred.

The Order of the day being read, for the second reading of the Bill to regulate the Importation of Arms, Gunpowder and Ammunition into Ireland, and the making, selling and keeping of Arms;

Ordered, That the Bill be read a second time this day.

Tolls and Customs (Ireland) Bill, deferred.

The Order of the day being read, for the second reading of the Bill to consolidate and amend the Laws respecting Tolls, Customs, and all other Duties taken by local Authority in Fairs, Markets, Sea-ports, and all other Places in Ireland;

Ordered, That the Bill be read a second time this day.

Report Supply, deferred.

The Order of the day being read, for receiving the Report from the Committee of the whole House, to whom it was referred, to consider further of the Supply granted to His Majesty;

Ordered, That the Report be received this day.

Galway Franchise Bill, deferred.

The Order of the day being read, for the House to resolve itself into a Committee of the whole House, upon the Bill to repeal so much of an Act passed in Ireland, in the fourth year of the reign of King George the First, for the better regulating the Town of Galway, and for strengthening the Protestant Interest therein, as limits the Franchise created by the said Act to Protestants only;

Resolved, That this House will, this day, resolve itself into the said Committee.

Fever Hospitals (Ireland) Bill, deferred.

The Order of the day being read, for the House to resolve itself into a Committee of the whole House, upon the Bill to extend the Powers of Grand Juries in the execution of an Act of the fifty-eighth year of his late Majesty's reign, for establishing Fever Hospitals in Ireland;

Resolved, That this House will, this day, resolve itself into the said Committee.

Court of Session (Scotland) Bill, presented. No. 218.

The Lord Advocate presented a Bill for uniting the benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other alterations and reductions in the Judicial Establishments of Scotland: And the same was read the first time; and ordered to be read a second time upon Friday the 30th day of this instant April.

Ordered, That the Bill be printed.

Accounts of Spirits, ordered.

Ordered, That there be laid before this House, an Account of the quantity of home-made Spirits, stated in Imperial Gallons at Proof, that paid Duty in England in each of the four years preceding 5th January 1826; and showing the average Gallons for these four years.

Ordered, That there be laid before this House, a similar Account for the four years from 5th January 1826 to 5th January 1830.

Ordered, That there be laid before this House, an Account of the quantity of Rum, stated in Imperial Gallons at Proof, that paid Duty in England in each of the four years preceding 5th January 1826; and showing the average Gallons for these four years.

Ordered, That there be laid before this House, a similar Account for the four years from 5th January 1826 to 5th January 1830.

Address respecting Hereditary Revenue (Scotland.)

Resolved, That an humble Address be presented to His Majesty, that He will be graciously pleased to give directions, that there be laid before this House, an Account of the amount of the Reserved Hereditary Revenue of the Civil Establishment of Scotland, in the years ending 10th October 1821, 1822, 1823, 1824, 1825, 1826, 1827, 1828, and 1829; together with an Account of the Payments made therefrom; distinguishing pensions from other payments.

Ordered, That the said Address be presented to His Majesty, by such Members of this House as are of His Majesty's most honourable Privy Council.

Report on Manufactures of Scotland, ordered.

Ordered, That there be laid before this House, a Copy of a Report of a Committee of the Trustees for the Encouragement of Manufactures in Scotland to the said Trustees, within the last six months, containing a Statement of the Establishment, Funds and Expenditure of the Board.

Powers to Committee on Select Vestries.

Ordered, That the Select Committee appointed to inquire into the general operation and effect of the Laws and Usages under which Select and other Vestries are constituted in England and Wales, and to report their Observations thereupon to the House, have Power to report their Opinion thereupon, together with the Minutes of the Evidence taken before them.

Report from Committee on Select Vestries. No. 215.

Mr. Hobhouse reported from the Select Committee appointed to inquire into the general operation and effect of the Laws and Usages under which Select and other Vestries are constituted in England and Wales, and to report the same, with their Observations thereupon to the House, and who were empowered to report their Opinion, together with the Minutes of the Evidence taken before them; That they had examined the matters to them referred; and had directed him to report the same to the House, together with several Resolutions thereupon, and an Appendix; and the Resolutions of the Committee were read; and are as followeth;

1. Resolved, That it appears to this Committee, that great discontent has from time to time prevailed, and still continues to prevail, in many parishes.

2. Resolved, That it appears to this Committee, that such discontent has, for the most part, arisen from the want of an efficient control over those vestrymen, governors or guardians of the poor, overseers, churchwardens and others, who have directed the assessment, collection and expenditure of the funds raised for parochial purposes.

3. Resolved, That it appears to this Committee, that the Acts 58 Geo. 3, c. 69, and 59 Geo. 3, c. 12, under which the rate-payers are empowered to elect annually a committee for the management of their parochial concerns, have proved highly beneficial, and that the application of the representative system, with certain regulations, both under these Acts, and also by special statute, to several parishes of large extent and numerous population, has been productive of much good, and comparatively few disadvantages.

4. Resolved, That this Committee do therefore recommend to Parliament the introduction of a general measure, which shall give to all parishes the power of partaking the benefits, either of the above-mentioned Acts, or of some new law, founded upon an elective principle.

Ordered, That the Report and Appendix do lie upon the Table; and be printed.

Labourers Wages Bill, presented. No. 219.

Mr. Benson presented a Bill to amend and render more effectual the Provisions of divers Acts for securing to certain Artificers, Workmen and Labourers, in such Acts mentioned, the due Payment of their Wages in Money: And the same was read the first time; and ordered to be read a second time upon Friday the 30th day of this instant April.

Ordered, That the Bill be printed.

And then the House, having continued to sit till half an hour after two of the clock on Friday morning, adjourned till this day.