House of Commons Journal Volume 85: 19 May 1830

Mercurii, 19 die Maii; Anno 11 Georgii IV ti Regis, 1830.

PRAYERS.

Returns from Court of Chancery, presented. No. 428.

THE House being informed that Mr. Smith, from the Office of the Masters of the High Court of Chancery, attended at the door, he was called in; and at the bar presented to the House,-Further Returns to an Order of the House, dated the 19th day of March last, for an Account of all sums of Money received in each of the Offices of the several Masters in Chancery, in each year, during the last three years, to the present time, for Copies of Papers, and other Proceedings; distinguishing how much of such sums was received by, or applied for the benefit of, each Master, and how much for their respective Clerks:-And then he withdrew.

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

Returns respecting Bankrupts, presented. No. 429.

The House being informed that Mr. Hore, from the Lord Chancellor's Secretary of Bankrupts' Office, attended at the door, he was called in; and at the bar presented to the House, pursuant to their Orders,-A Return of the several Fees or sums of Money which have been received in the Office of the Patentee for the execution of the Laws and Statutes concerning Bankrupts, in each year, from the 1st of January 1827 to the 31st of December 1829 inclusive; and of the Person or Persons, by name, the duties of such office have been executed, and of how much of such sums have been retained by such person or persons, and of how much of such sums have been applied for the benefit of any other persons, and whom by name.

A Return to an Order of the House, dated the 8th day of April last, for an Account of the number of Bankrupt Petitions which have been contested, which have been heard and decided by the Lord Chancellor, in each year, during the last six years; distinguishing how many of such Petitions as have been Appeal Petitions have been affirmed in each year, and how many have been reversed in each year; distinguishing how much business has been heard and decided in each Term of each year;-and an Account of the number of Bankrupt Petitions which have been contested which have been heard and decided by the Vice-Chancellor, in each year, during the last six years; distinguishing how much of such business has been heard and decided in each Term of each year.

An Account of all sums of Money paid into the First Fruits Office, Temple, during the ten years last past, by the several Archbishops, Bishops, Deans, Archdeacons and Prebends of England and Wales, and which said Money has been paid into the Receipt of His Majesty's Exchequer:-And then he withdrew.

Ordered, That the said Papers do lie upon the Table; and, except the Account from the First Fruits Office, be printed.

Returns of Commissioners of Paving St. Pancras, &c. presented.

The House being informed that Mr. Wilkinson, from the Lucas Estate District, Saint Pancras, attended at the door, he was called in; and at the bar presented to the House, pursuant to their Orders,-Returns from the Commissioners for paving, &c. the Lucas Estate District, and the Doughty-street District, in the parish of Saint Pancras, in the county of Middlesex, of an account of the Monies received and expended by them for each of the years 1827, 1828 and 1829; particularly distinguishing the sums paid for paving, for lighting, and for watering; the amount of Salaries to Officers (describing the Officer and amount of Salary), and the Poundage to Collectors; the amount of rent of any house, offices, yard or premises; the amount paid for interest or annuities;-also, a Statement of the amount of Debt remaining chargeable upon the Rates of the District; and the amount of Rate or Assessment in the pound for each of the said years:-And then he withdrew.

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

Wallis's Divorce Bill, passed.

An ingrossed Bill from the Lords, intituled, An Act to dissolve the Marriage of Thomas Wallis, Esquire, with Charlotte Augusta Amelia, his now Wife, and to enable him to marry again, and for other purposes, was read the third time.

Resolved, That the Bill do pass.

Ordered, That Mr. Alderman Wood do carry the Bill to the Lords; and acquaint them, that this House hath agreed to the same without any Amendment.

Petition referred to a Committee.

The House was moved, That the Petition of the Lord Provost, Magistrates and Town Council of the city and royal burgh of Perth, which was presented to the House upon the 3d day of this instant May, praying that they may be heard by themselves, their counsel or agents, against the Bill for more effectually maintaining, improving and extending the Harbour of Dundee, in the County of Forfar, might be read; and the same being read;

Ordered, That the said Petition be referred to the Committee on the Bill; and that the Petitioners be heard by themselves, 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.

Time for Report of Dartmouth Bridge Bill.

Ordered, That the Committee on the Bill for building and establishing a Floating, Chain or other Bridge over the River Dart, from or near to Lower Sand Quay Point, in the County of Devon, unto a certain Place called Old Rock, in the said County, and for building Quays and Landing Places, and for making convenient Roads, Avenues and Approaches thereto, with Branches therefrom, have leave to make their Report on or before Thursday the 27th day of this instant May.

Galway Dock and Canal Bill, reported.

Mr. O'Hara reported from the Committee on the recommitted Bill for making and maintaining a navigable Cut or Canal from Lough Corrib to the Bay of Galway, and for the Improvement of the Harbour of Galway; That they had made several other Amendments thereunto; and the Amendments were read, and agreed to by the House.

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

Power to a Committee.

Ordered, That the Select Committee on Holyhead Roads, have Power to report from time to time.

Petition for establishing Poor Laws in Ireland.

A Petition of the Working and Laborious Classes of Dublin, was presented, and read; praying the House to take into their consideration the justice and the wisdom of an immediate extension of the principle of the English Poor Laws to Ireland.

Ordered, That the said Petition be referred to the Select Committee on Irish Poor.

Petition for abolition of Slavery.

A Petition of the Minister and Members of the Congregation of Protestant Dissenters of the Independent denomination at Booth, near Halifax, was presented, and read; praying for the abolition of Slavery in all parts of His Majesty's dominions.

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

Petitions for mitigating Punishment for Forgery.

A Petition of Inhabitants of Chudleigh;-of Teignmouth;-of the Local Directors and Manager of the Provincial Bank of Ireland at Kilkenny;-of Inhabitants of Leeds;-of the Local Directors and Manager of the Provincial Bank of Ireland at Galway;-at Coleraine;-at Ballina, in the county of Mayo;-and, at Armagh,-were presented, and read; setting forth, That the Petitioners are deeply interested in the protection of property from Forgery, and in the conviction and punishment of persons guilty of that crime; that they find, by experience, that the infliction of death, or even the possibility of the infliction of death, has a tendency to prevent the prosecution and punishment of the criminal, and this endangers the property which it is intended to protect; and praying, That the House will not withhold from them that protection to their property which they would derive from a more lenient law.

And the said Petitions were ordered to lie upon the Table; and, except the three first, to be printed.

Petition in favour of Sale of Beer Bill.

A Petition of the Clergy, Gentry and Inhabitants of Henley-upon-Thames, was presented, and read; taking notice of the Bill to permit the general Sale of Beer by Retail in England; and praying, That the House will introduce into the Bill sufficient restrictions to prevent the consumption of Beer on the premises where sold, except under proper authority and sanction.

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

Petition against Abolition of Jurisdiction of Chester.

A Petition of the Mayor, Aldermen and Burgesses, and other Inhabitants of Congleton, was presented, and read; taking notice of the Bill for the more effectual Administration of Justice in England and Wales, wherein it is proposed to abolish the separate Jurisdiction of the County Palatine of Chester; and praying, That the same may not pass into a law.

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

Petition to be printed.

Ordered, That the Petition of the Inhabitants of Dungannon, praying that a corresponding Duty with the proposed increase of Duty on Corn Spirits may be imposed on Rum, which was yesterday presented to the House, be printed.

Petition against Renewal of East India Charter.

A Petition of Land-owners, Inhabitants, Agriculturists, Yeomen and others, of Ermington, was presented, and read; praying, That the House will not allow the period to elapse which is by law required to give notice for the termination of the existing Charter of the East India Company.

Ordered, That the said Petition be referred to the Select Committee on East India Company's Affairs.

Petition against Duties on Stamps, Tobacco, and Spirits (Ireland.)

A Petition of Inhabitants of New Ross, in the county of Wexford, was presented, and read; setting forth, That the Petitioners perceive with the deepest feelings of regret and alarm, that it is the intention of the Chancellor of His Majesty's Exchequer to endeavour to assimilate the English and Irish Stamp Duties, to impose a heavy Duty on Irish Tobacco equal to a prohibition, and also a new Tax on Irish Spirits; and praying the House not to impose the contemplated Taxes on that already depressed and impoverished country.

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

Petition against Stamp Duty on Newspapers.

A Petition of Members of the City of London Literary and Scientific Institution, was presented, and read; setting forth, That were the Taxes on Newspapers so far reduced as to enable the proprietors to sell them at one-half the present price, the Petitioners can for themselves state, that they would, in consequence, obtain a more extensive supply of these publications, and the Petitioners entertain no doubt that the larger proportion of those persons who now subscribe for in part or hire a Newspaper, would, to obtain the greater convenience of having the entire property and control over it, purchase a paper for their entire and separate use; many persons who now do not habitually read Newspapers would, as the Petitioners conceive, subscribe for or purchase Newspapers when sold at reduced rates; the Petitioners believe that an increase would thus be produced to the revenue from this source by a reduction and better adjustment of the Taxes in question; that the Petitioners are strengthened in this conclusion by the well-known fact, that in the metropolis of France, which possesses a less numerous and less wealthy population, their less taxed public journals, which contain much less information of general interest, have on an average upwards of three times the amount of sale obtained by the most able journals published in the British metropolis; that the expense of advertising not only forms a large portion of the cost of all books of public instruction, but the exceedingly high rate of the tax on advertisements prevents the regular and constant diffusion of information amongst the public, with regard to courses of public instruction delivered at that and similar institutions in the metropolis, and throughout the country; that considerable evidence may be adduced to prove that the present high Tax on Advertisements operates to prevent the formation of a regular practice or habit of advertising by public bodies similar to the Petitioners, and by individuals to whom such a practice or habit would be serviceable; and that, in the opinion of the Petitioners, the full consideration of the whole of the evidence which may be adduced as to the present operation of this Tax, would produce the conviction in the minds of the House, that the revenue would not be injured, but, on the contrary, would be benefited by a considerable reduction.

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

Petition respecting Duty on Spirits.

A Petition of Growers of and Dealers in Barley, residing in the counties of Norfolk and Suffolk, and in the neighbourhood of Great Yarmouth, was presented, and read; praying, That if an additional Duty be imposed on British Spirits, a similar increase of Duty may take place on Rums and other Spirits.

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

Petition of Thomas Eyre Lee.

A Petition of Thomas Eyre Lee, of Birmingham, in the county of Warwick, Gentleman, was presented, and read; setting forth, That the Petitioner was Solicitor in favour of a Bill lately pending in the House for making a Canal to be called, "The Birmingham and London Junction Canal;" that the revived Committee on Standing Orders in respect of such Bill, have presented a Report to the House, in which it is stated, that the Subscription List has been culpably deposited and attested by the Petitioner under circumstances developed and recorded in the Minutes of Evidence; that, although the Petitioner is aware that such Report was not the unanimous vote of the said Committee, he does not rest any of his defence upon that point, the Petitioner being anxious that every circumstance connected with his conduct should receive a full and complete investigation, and fearlessly, yet humbly submits, that a perusal of the evidence will relieve the Petitioner from every charge of culpability; that by the Standing Orders of the House it is not required that any particular amount should appear in a Subscription List, and that the one deposited by the Petitioner was limited, as is usually done, to about four-fifths of the Estimate; that the name of no person was introduced into such Subscription List without reference to a letter written by or in the name of some person applying for shares in the Undertaking, in a way which the Petitioner believed to be bonâ fide; that at the time the Petitioner deposited the said Subscription List, he had not the slightest knowledge or suspicion that it contained the name of any one individual who was unable or unwilling to pay the amount of his subscription; that the said Bill was read a first time in the House on the 8th day of March, and that until certain Petitions were presented to the House on the 11th day of March, the Petitioner had no idea that any person, whose name was entered in the said Subscription List, was unable or unwilling to pay, or that any applications for shares in the said Undertaking had been made in fictitious names; that the Undertaking, when completed, would be of great public benefit and utility, and is supported by persons of undoubted property and great respectability; that the Petitioner has been informed, and believes, that names of subscribers able to pay, might readily be found, in lieu of all those persons who might be unable to fulfil the engagement to pay contained in their letters; that the Petitioner utterly denies having intentionally done, or been party or privy to, any act or proceeding as respects the said Bill, in any way inconsistent or at variance with the Standing Orders, or involving any breach of privileges of the House; the Petitioner therefore prays to be heard by his counsel against the Report of the said Committee, or that the House will institute an inquiry directly into his conduct in such manner as they may think right, and not allow him to be condemned by proceedings in which he was only incidentally before the Committee, and permit him fully and fairly to meet and rebut the charges alleged, and the evidence by which they are endeavoured to be affixed to him, which evidence, although perfectly admissible in a proceeding affecting the privileges of the House, the Petitioner is satisfied no Committee of the House, or any Court of Justice, on inquiry, would have allowed to have been received as affecting him, if his character had been the direct object of inquiry.

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

Petition respecting discharge of Insolvent Debtors.

A Petition of William Owen, Chairman of a Meeting of the Magistrates of the county of Montgomery, was presented, and read; setting forth, That the task of discharging Insolvent Debtors at Quarter Sessions, the said Magistrates have found to be not only difficult, but painful, and open to objections to which a Commissioner upon his circuit is not exposed; that County Magistrates, whose attention is only called to the subject occasionally, cannot be prepared to administer this peculiar branch of the law to their own satisfaction, or be so competent as Commissioners, from their daily habits, must be; they therefore most respectfully but earnestly pray of the House, That the Magistrates of Montgomeryshire may be relieved from the above Duty, as the Magistrates of the English counties have been, and now are.

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

Petition for repeal of Duty on Candles.

A Petition of the Manufacturers of Tallow Candles residing in Edinburgh, was presented, and read; praying, That the Excise Duty upon Tallow Candles may be repealed.

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

Charitable Institutions Bill, ordered.

Ordered, That leave be given to bring in a Bill to declare in what cases the Possessions of certain Charitable Institutions shall be liable to the payment of Rates for local purposes: And that Mr. Alderman Thompson and Mr. Nicolson Calvert do prepare, and bring it in.

Newborough Church Bill, ordered.

Ordered, That leave be given to bring in a Bill for endowing the Parish Church of Newborough, in the County of Northampton, and three Chapels, called Portland Chapel, Oxford Chapel, and Welbeck Chapel, situate in the Parish of Saint Mary-le-Bone, in the County of Middlesex, and also a Chapel erected on Sunk Island, in the River Humber: And that Lord Viscount Lowther and Mr. Chancellor of the Exchequer do prepare, and bring it in.

The Lords have agreed to

A Message from the Lords, by Mr. Stratford and Mr. Harvey:

Mr. Speaker,

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

Heigham Bridge Bill.

A Bill, intituled, An Act for building a Bridge over the River Wensum, in the Hamlet of Heigham, and the Parish of Saint Clement, in the County of the City of Norwich:

Portman Market Bill.

A Bill, intituled, An Act for establishing a Market in the Parish of Saint Mary-le-Bone, in the County of Middlesex:

Cowfold and Henfield Roads Bill.

A Bill, intituled, An Act for more effectually repairing the Roads from Hand Cross, through Cowfold to Corner House, and from thence to the Turnpike Road from Horsham to Steyning, and from Corner House aforesaid to the Maypole, in the Town of Henfield, and certain Branches therefrom, all in the County of Sussex:

Ideridgehay, &c. Roads Bill.

A Bill, intituled, An Act for improving and maintaining the Turnpike Roads from the Wirksworth Turnpike Road, in the Hamlet of Ideridgehay, to the Town of Duffield, and from the Market-place in Wirksworth to the Turnpike Road leading from Derby to Brassington, and from the said Market-place to the Turnpike Road leading from Wirksworth Moor to Matlock Bath, all in the County of Derby:

Inverness-shire Statute Labour Bill.

A Bill, intituled, An Act for making and maintaining Roads, Bridges and Ferries, and for converting, regulating and making effectual the Statute Labour in the County of Inverness:

Standon Inclosure Bill.

A Bill, intituled, An Act for inclosing Lands in the Parish of Standon, in the County of Hertford:

Southwold Haven Bill, with an Amendment.

The Lords have agreed to the Bill, intituled, An Act for more effectually improving the Harbour of Southwold, in the County of Suffolk, with an Amendment; to which Amendment the Lords desire the concurrence of this House:-And also,

The Lords have passed, Welsh Mining Company's Estate Bill.

The Lords have passed a Bill, intituled, An Act for dissolving a certain Partnership Company, known by the name of the Welsh Iron and Coal Mining Company, and for enabling the Directors and Trustees thereof to dispose of the Estate and Effects of the concern, and divide the Surplus, after payment of Debts and Expenses, amongst the Shareholders of the capital Stock therein, and for other purposes; to which the Lords desire the concurrence of this House:-And also,

Hamerton's Divorce Bill.

The Lords have passed a Bill, intituled, An Act to dissolve the Marriage of William Medows Hamerton, Esquire, with Isabella Frances his now Wife, and to enable him to marry again, and for other purposes; to which the Lords desire the concurrence of this House:-And then the Messengers withdrew.

Charitable Institutions, Bill, presented. No. 430.

Mr. Alderman Thompson presented a Bill to declare in what cases the Possessions of certain Charitable Institutions shall be liable to the payment of Rates for local Purposes: And the same was read the first time; and ordered to be read a second time upon Monday next.

Ordered, That the Bill be printed.

Newborough Church Bill, presented. No. 431.

Lord Viscount Lowther presented a Bill for endowing the Parish Church of Newborough, in the County of Northampton, and three Chapels, called Portland Chapel, Oxford Chapel, and Welbeck Chapel, situate in the Parish of Saint Mary-le-Bone, in the County of Middlesex, and also a Chapel erected on Sunk Island, in the River Humber: And the same was read the first time; and ordered to be read a second time upon Tuesday next.

Ordered, That the Bill be printed.

Committee on Welsh Judges Compensation.

Ordered, That the Order of the day, for the House to resolve itself into a Committee of the whole House, to consider of compensating certain Judges or other Officers of the Courts of Great Sessions in Wales, 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 Alexander Grant reported from the Committee, That they had come to a Resolution, which they had directed him to report to the House.

Ordered, That the Report be received To-morrow.

Galway Franchise Bill, reported.

Ordered, That the Order of the day, for receiving the Report from the Committee of the whole House, on 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, be now read; and the same being read;

Mr. Spring Rice accordingly reported from the Committee the Amendments which they had made to the Bill; and the Report was brought up, and read.

Then the counsel against the Bill was called in;

And the Petition of James Hardiman Burke, Esquire, Mayor of Galway, which was presented to the House upon the 30th day of March last, was read.

And the counsel for the Petitioner was heard; and then he was directed to withdraw.

And the Amendments made by the Committee to the Bill, 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 Amendments:-And a Debate arising in the House thereupon;

Ordered, That the Debate be adjourned till To-morrow.

Ecclesiastical Leases (Ireland) Bill, deferred.

The Order of the day being read, for taking into further consideration the Report from the Committee of the whole House, on the Bill to amend the Laws respecting the Leasing Powers of Bishops and Ecclesiastical Corporations in Ireland;

Ordered, That the Report be taken into further consideration upon Friday next.

Supply, deferred.

The Order of the day being read, for the House to resolve itself into a Committee of the whole House, to consider further of the Supply granted to His Majesty;

Resolved, That this House will, upon Friday next, resolve itself into the said Committee.

Ways and Means, deferred.

The Order of the day being read, for the House to resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply granted to His Majesty;

Resolved, That this House will, upon Friday next, resolve itself into the said Committee.

Hamerton's Divorce Bill, read.

An ingrossed Bill from the Lords, intituled, An Act to dissolve the Marriage of William Medows Hamerton, Esquire, with Isabella Frances his now Wife, and to enable him to marry again, and for other purposes, was read the first time; and ordered to be read a second time.

Welsh Mining Company's Estate Bill, read.

An ingrossed Bill from the Lords, intituled, An Act for dissolving a certain Partnership Company, known by the name of the Welsh Iron and Coal Mining Company, and for enabling the Directors and Trustees thereof to dispose of the Estate and Effects of the concern, and divide the Surplus, after payment of Debts and Expenses, amongst the Shareholders of the capital Stock therein, and for other purposes, was read the first time; and ordered to be read a second time.

And then the House adjourned till To-morrow.