House of Lords Journal Volume 63: 2 March 1831

Die Mercurii, 2° Martii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Transfer of Aids Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act for appropriating certain Sums to the Service of the Year One thousand eight hundred and thirty-one;" to which they desire the Concurrence of this House.

Consolidated Fund (£5,000,000) Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to apply the Sum of Five Millions, out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty-one;" to which they desire the Concurrence of this House.

Pensions, &c. Duties Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act for continuing to His Majesty for One Year certain Duties on Personal Estates, Offices and Pensions in England, for the Service of the Year One thousand eight hundred and thirty-one;" to which they desire the Concurrence of this House.

Birmingham & Bromsgrove Road Bill.

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

With a Bill, intituled, "An Act for repairing the Road from Birmingham to Bromsgrove;" to which they desire the Concurrence of this House.

Pinwall Lane, &c. Roads Bill.

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

With a Bill, intituled, "An Act for repairing the Road from Measham, in the County of Derby, to Fieldon Bridge, in the County of Warwick, and other Roads communicating therewith, in the Counties of Derby, Leicester and Warwick;" to which they desire the Concurrence of this House.

Watling St. &c. Roads Bill.

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

With a Bill, intituled, "An Act for repairing the Watling Street Road, the Mancester and Wolvey Heath Road, and other Roads communicating therewith, in the Counties of Leicester and Warwick;" to which they desire the Concurrence of this House.

Clown Road Bill.

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

With a Bill, intituled, "An Act for more effectually repairing the Road from the Rotherham and Mansfield Turnpike Road at or near Clown, in the County of Derby, to the Worksop and Kelham Turnpike Road at or near Budby, in the County of Nottingham;" to which they desire the Concurrence of this House.

The said Seven Bills were, severally, read the First Time.

Papers from Ireland delivered:

The House being informed, "That Mr. Johnson, from the Office of the Chief Secretary for Ireland, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of the 14th Day of December last,

Tithe Processes;

"Returns of the Number of Processes issued in Matters of Tithes from the Bishops Courts in Ireland, from the 1st of November 1829 to the 1st of November 1830:"

Decrees therein;

Also, "Returns of the Number of Decrees issued from the same Courts in Matters of Tithes, during the same Period:"

and Costs:

And also, "Returns of the Costs paid upon such Decrees."

Mr. Johnson also delivered at the Bar, pursuant to the Directions of several Acts of Parliament,

9th Report of Inspectors General of Prisons:

"The Ninth Report of the Inspectors General on the general State of the Prisons of Ireland:"

Stamp Duties, Courts of Equity;

Also, "An Account of the Stamp Duties received on certain Proceedings in the Courts of Chancery, and in the Equity Side of the Court of Exchequer, in Ireland, in the Year ended 5th January 1831:"

and Courts of Law:

Also, "An Account of the Stamp Duties received on certain Proceedings in the Courts of Law in Ireland, in the Year ended 5th January 1831:"

Stamp Duties, & Salaries to Masters in Chancery, & Chief Remembrancer of the Exchequer:

Also, "An Account of all Sums paid into the Receipt of the Exchequer in Ireland, in the Year ended the 5th January 1831, on account of Stamp Duties granted by the Act of 4 Geo. 4, Cap. 78; and of all Salaries and Allowances which have been paid in said Year to the Masters in Chancery and to the Chief Remembrancer of the Court of Exchequer in Ireland:"

Deputy Governors, &c. County Down.

And also, "A Return of the Qualification of Deputy Governors and Militia Officers in the County of Down in the Year 1830."

And then he withdrew.

And the Titles thereof being read by the Clerk; Ordered, That the said Papers do lie on the Table.

M. of Westmeath returned a Peer for Ireland.

The House being informed, "That Mr. Thomas Jackson, from the Deputy Clerk of the Crown in Ireland, attended with the Writs and Returns for electing a Temporal Peer of Ireland in the room of Francis Earl of Bandon, deceased, with the Certificate of the Clerk of the Crown in Ireland, annexed thereto;"

He was called in; and, being sworn and examined, acquainted their Lordships, "That he received the same from the said Deputy Clerk of the Crown in Ireland, and that it was now in the same Condition as when he received it;" and then delivering the same at the Bar,

He was directed to withdraw.

Which Certificate was read, and is as follows; (viz ^t.)

"In pursuance of an Act passed in the Fortieth Year of the Reign of His Majesty King George the Third, entitled, "An Act to regulate the Mode by which the Lords Spiritual and Temporal, and the Commons, to serve in the Parliament of the United Kingdom on the Part of Ireland, shall be summoned and returned to the said Parliament," I do hereby certify, That the several Writs hereunto annexed, for electing a Temporal Peer of Ireland in the room of Francis Earl of Bandon, deceased, did issue from this Office to the Peers therein severally named, and that the said Peers did severally make the Returns thereto which to the said Writs are respectively annexed: And I further certify, That it appears from the said Writs and Returns, that The Most Honorable George Thomas John Marquess of Westmeath has been chosen by a Majority of Votes to be the Peer to sit and vote on the Part of Ireland in the House of Lords of the United Kingdom, in the room of the said Francis Earl of Bandon: All which I attest this Twenty-sixth Day of February One thousand eight hundred and thirty-one.

"To the Clerk of the Parliament of the United Kingdom of Great Britain and Ireland."

"Granard.

"Tho. Bouchier, Dep. Clk. Crown & Hanaper in Ireland."

Ld. Macdonald's Petition claiming a Right to vote for Peers for Ireland, referred to Com ee for Privileges.

Upon reading the Petition of The Right Honorable Godfrey Lord Macdonald Baron of Slate, in the County of Antrim, in the Kingdom of Ireland; setting forth, "That the Petitioner's late Father, Sir Alexander Macdonald Baronet, was created a Peer of the Kingdom of Ireland by Letters Patent bearing Date the 25th Day of July 1776, by the Style and Title of Lord Macdonald Baron of Slate, in the County of Antrim, in Ireland, to hold the same to him and the Heirs Male of his Body lawfully begotten: That the said Alexander Lord Macdonald died the 12th Day of September 1795, leaving Alexander Wentworth Macdonald his eldest Son and Heir, who thereupon became Lord Macdonald Baron of Slate, and died unmarried the 19th Day of June 1824; whereupon the said Dignity devolved upon the Petitioner, the Second but now eldest surviving Son of the said Alexander First Lord Macdonald Baron of Slate;" and therefore praying, That his Right to vote at the Election of Representative Peers for Ireland may be admitted and recognized by their Lordships:"

It is Ordered, That the said Petition be referred to the Lords Committees for Privileges, to consider and report.

Maxwell & Co. v. Stevenson & Co. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Thomas Stevenson and Company, Respondents in a Cause depending in this House, to which Messieurs Maxwell and Company are Appellants; praying their Lordships "to order that their Case may be received:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Graham v. Shand et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of William Shand and others, Respondents in a Cause depending in this House, to which Barron Graham Esquire is Appellant; praying their Lordships "to order that their Case may be received:"

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

Cathcart v. Sir J. A. Cathcart & Ritchie, Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Sir John Andrew Cathcart Baronet and Henry Ritchie Esquire, Respondents in a Cause depending in this House, to which John Cathcart Esquire is Appellant; praying their Lordships " to order that the Petitioners Case may be received:"

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

Warburton v. Loveland, in Error.

Ordered, That the Errors assigned upon the Writ of Error wherein Elizabeth Warburton is Plaintiff, and James Loveland, Lessee of George Ivie and others, is Defendant, be argued by Counsel at the Bar on Friday next.

Lysaght & Davoren v. Walker et al, in Error, to be heard:

Ordered, That the Errors assigned upon the Writ of Error wherein John Lysaght and James Davoren are Plaintiffs, and Thomas Walker, and others, are Defendants, be argued by Counsel at the Bar on Friday next.

Plaintiff's Petition to postpone the Hearing.

Upon reading the Petition of John Lysaght and James Davoren, Plaintiffs in the last-mentioned Cause; praying their Lordships, "That the said Writ of Error may stand over until after the Assizes, or until such Time as to their Lordships may seem meet, the Petitioners Counsel being absent from Town:"

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

Allen et al. v. Winter et al. Appeal dismissed.

Upon reading the Petition of James Allen, and others, Appellants in a Cause depending in this House, to which James Winter, and others, are Respondents; praying their Lordships, "That the said Appeal may be dismissed, without Costs, the Agents for the Respondents having signed the said Petition, as consenting thereto:"

It is Ordered, That the said Appeal be dismissed this House, without Costs, as desired.

Slavery, Petitions for Abolition of: (Gloucester:)

Upon reading the Petition of the Inhabitants of the City of Gloucester and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to fix as early a Day as possible when Slavery shall cease to exist in every Part of the British Dominions:"

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

Lanhilleth:

Upon reading the Petition of the Inhabitants of the Parish of Lanhilleth and its Vicinity, in the County of Monmouth, whose Names are thereunto subscribed:

Newport:

Also, Upon reading the Petition of the Inhabitants of Newport, in the County of Monmouth, whose Names are thereunto subscribed:

Framlingham:

And also, Upon reading the Petition of the Inhabitants of Framlingham, in the County of Suffolk, and its Vicinity, whose Names are thereunto subscribed; severally praying their Lordships "to take such Measures as shall seem best adapted to secure the early and utter Extinction of Slavery in the British Colonies:"

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

Stroud:

Upon reading the Petition of the Inhabitants of Stroud and its Vicinity, in the County of Gloucester, whose Names are thereunto subscribed; praying their Lordships "not to suffer the Law tolerating Slavery to continue, but to do it away, and abolish Slavery entirely, in a just and honorable Manner towards all Parties concerned, and in such Time and on such Terms as Parliament may think best:"

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

Mynyddyslwyn:

Upon reading the Petition of the Minister, Churchwardens and others, Inhabitants of the Parish of Mynyddyslwyn, in the County of Monmouth, whose Names are thereunto subscribed; praying their Lordships "to take the System of Slavery into their most serious Consideration, and enact such Laws as shall serve to ameliorate the present degraded Condition of Slaves:"

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

Brecon.

Upon reading the Petition of the Bailiff, Recorder, Aldermen, Town Clerk, Burgesses and Inhabitants of the Borough of Brecon, whose Names are thereunto subscribed; praying their Lordships "to adopt the most efficient Measures for the Abolition of Slavery, and particularly that their Lordships will provide that the Children whose Parents are now in Slavery, and who may have been born since the Commencement of the Reign of His present most gracious Majesty, and likewise the Children who may hereafter be born of such Parents, shall be declared free Subjects from their Birth, and enjoy in their future Lives equal Protection in their Persons and Property in common with all other of His Majesty's Subjects in the Colonies:"

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

Labourers Wages, Petition of Woollen Manufacturers, Gloucestershire, respecting.

Upon reading the Petition of the Woollen Manufacturers in the County of Gloucester, whose Names are thereunto subscribed; praying their Lordships "to pass such Law as shall be effectual to prevent the injurious System of Truck, or paying Wages to Labourers otherwise than in Money, now so generally prevailing in Manufacturing Districts, by which every Description of Commodity is forced upon the poor and oppressed Workmen, frequently of the worst Kind and at extravagant Prices:"

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

Reform of Parliament, Petitions in favor of: (Croydon:)

Upon reading the Petition of the Inhabitants of Croydon and the several Parishes contained in the Hundred of Wallington, whose Names are thereunto subscribed; praying their Lordships "to take into Consideration the Plans of the present Administration for lessening Taxation and effecting Reform in Parliament; and that the Rotten Boroughs of Haslemere, Reigate, Bletchingley and Gatton be disfranchised, and that the Elective Franchise be given to Eight of the most largelypopulated and unrepresented Towns or Hundreds within the County of Surrey, by which Means the Proportion of Representation, as arranged on the Unions of Scotland and of Ireland, would not be altered, while general as well as local Relief would be afforded:"

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

Norwich:

Upon reading the Petition of the Electors and Inhabitants of the City and County of the City of Norwich, in Public Meeting assembled; praying their Lordships "to institute such a Reform in the House of Commons as shall materially shorten the Duration of Parliaments, and give to every Man a Voice in the Election of those by whom he is taxed; and in order to guarantee to every Individual the free Exercise of the Right of Suffrage, as well as to secure to Society its conscientious Discharge, that in all future Elections for Members of the House of Commons the Votes be taken by Ballot, without which it is the Petitioners decided Opinion that no Measure of Reform will be found to answer the desired End:"

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

Horton:

Upon reading the Petition of the Inhabitants of the Township of Horton, in the County of York, whose Names are thereunto subscribed; praying their Lordships, "That the Elective Franchise may be extended to every Man who is in any Way called upon to contribute to either National or Local Taxation; that, in order to prevent that Bribery, corrupt Influence, Profligacy and Expence with which Elections for Members of the House of Commons are now generally attended, Annual Parliaments may be established; and that, in order effectually to prevent all Force, Fear or Intimidation, and all Bribery and undue Influence of any kind from acting on the Minds of Electors, all Electors may give their Vote by Ballot:"

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

Bethersden:

Upon reading the Petition of the Inhabitants of the Parish of Bethersden, in the County of Kent, whose Names are thereunto subscribed; praying their Lordships "for a full, free and effectual Reform in the Commons House of Parliament; a Reform that will satisfy the just and anxious Expectations of the Country; that the most rigid Economy may be enforced in every Department of the State; that, in order to alleviate the oppressive Weight of Taxation, all the Public Property which is commonly called Church Property and Crown Lands may be appropriated for that Purpose; that their Lordships will fully and entirely restore those great Constitutional Rights which the People of this Country formerly indisputably possessed; viz. the Right of having Triennial Parliaments, as recognized by the great Constitutional Act the 6th of William and Mary, Chapter 2d; the Right of having all Placemen dismissed from this House, agreeable to the great Constitutional Act of Settlement which placed the present illustrious Family on the Throne; the Right of having the large Towns and populous Districts of the Country represented, in the Place of all the decayed Boroughs; and that their Lordships will secure to the People the Freedom of Election, preventing Bribery and Corruption, and the wealthy and powerful from evading and usurping the Right of the People in choosing their own Representatives, by a well-organized System of voting by Ballot:"

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

New Town, &c. Manchester.

Upon reading the Petition of the Residents of New Town, Miles Platting Saint George's Road, Oldham Road, and Islington, in the Parish of Manchester, in the County Palatine of Lancaster, whose Names are thereunto subscribed; praying their Lordships "for a full and effectual Reform of this House; and that their Lordships will establish in this Country Annual Parliaments, Universal Suffrage, and the only sure Remedy from that most destructive Evil, Bribery and Corruption, the Vote by Ballot:"

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

Wimborne Minster Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from Wimborne Minster to Blandford Forum, in the County of Dorset."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

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.

Bristol Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to alter, amend and enlarge the Powers of an Act passed in the Third Year of the Reign of His late Majesty King George the Fourth, for regulating the Poor of the City of Bristol, and for other Purposes connected therewith."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Exchequer Bills Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising the Sum of Twelve Millions by Exchequer Bills, for the Service of the Year One thousand eight hundred and thirty-one."

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."

Bp. Worcester Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Folliott Herbert Walker Lord Bishop of Worcester, praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable The Right Reverend The Lord Bishop of Worcester, and his Successors, to grant Leases of certain Hereditaments belonging to the Episcopal See of Worcester, situate, arising or growing within the Parish of Ripple, in the County of Worcester."

Galway Elective Franchise, Petitions for Extension of: (Rahoon:)

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Rahoon, in the County of the Town of Galway, whose Names are thereunto subscribed:

Nuns' Island:

Also, Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Nuns' Island, in the County of the Town of Galway, whose Names are thereunto subscribed:

Moycullen.

And also, Upon reading the Petition of the Inhabitants of the Parish of Moycullen, County of Galway, whose Names are thereunto subscribed; severally praying, "That their Lordships will be pleased to equalize Civil Rights in Galway, by extending to the Roman Catholic Mercantile and Trading Classes the Elective Franchise in as full and ample a Manner as the same is now enjoyed by Protestants:"

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

Lunatics Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to diminish the Inconvenience and Expence of Commissions in the nature of Writs De lunatico inquirendo; and to provide for the better Care and Treatment of Idiots, Lunatics and Persons of unsound Mind, found such by Inquisition;" 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 Bill, as amended, be printed.

Canada Lands Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend the Laws relating to Lands holden in Free and Common Soccage in the Province of Lower Canada."

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 Sir Giffin Wilson;

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

Dartford Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing the Road leading from Dartford to Sevenoaks, in the County of Kent," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tertium diem instantis Martii, horâ decimâ Auroræ Dominis sic decernentibus.