House of Lords Journal Volume 63: 8 March 1831

Die Martis, 8° Martii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Macdonald's Claim, Com ee to meet:

Ordered, That the Committee for Privileges, to whom the Petition of Godfrey Lord Macdonald Baron of Slate, in the County of Antrim, in the Kingdom of Ireland; praying, "That his Right to vote at the Election of Representative Peers for Ireland may be admitted and recognized by their Lordships," stands referred, do meet to consider of the said Claim on Thursday next.

Message to H.C. for Sir J. Macdonald to attend the Com ee.

Ordered, That a Message be sent to the House of Commons, to request that they will give Leave to Sir James Macdonald Baronet, a Member of that House, to attend their Lordships, in order to his being examined as a Witness before the Lords Committees for Privileges, to whom the Petition of Lord Macdonald, claiming a Right to vote at the Elections of Peers for Ireland to sit in the Parliament of the United Kingdom, stands referred.

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

Upon reading the Petition of the Freeholders, Householders and other Inhabitants of the Town and Borough of Hungerford, and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "for the Adoption of such Measures as they may deem meet for the Accomplishment of such a Reform in the Representation of the People in the Commons House of Parliament as will secure the independent Expression of Public Opinion in the Election of Members of Parliament; and that such Reform may include the Vote by Ballot and Triennial Parliaments; and that the Elective Franchise may be extended to Individuals paying Taxes to such an Amount as the Legislature may deem meet:"

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

Ld. Mayor, &c. of London:

Upon reading the Petition of The Lord Mayor, Aldermen and Livery of the City of London, in Common Hall assembled, whose Names are thereunto subscribed:

Students of Law below the Bar.

And also, Upon reading the Petition of the Students and Members of the Inns of Court practising below the Bar, whose Names are thereunto subscribed; severally praying their Lordships, "That the Measure for reforming the Representation of the People in the Commons House of Parliament may pass into a Law:"

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

Colvin et al. v. Newberry & Benson, in Error.

The Lord Tenterden, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein,

David Colvin, James Colvin, Richard Campbell Bazett, and Alexander Colvin, since deceased, are Plaintiffs,

and

Nicholas Newberry and Thomas Starling Benson are Defendants.

Watling St. &c. Roads Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the 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," 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."

Dean & Chapter of Canterbury's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for assisting the Dean and Chapter of the Cathedral and Metropolitical Church of Christ, Canterbury, to take down and rebuild the North-western Tower of the same Church."

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. Harvey and Mr. Roupell;

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

Birmingham Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road from Birmingham to Bromsgrove."

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

It was resolved in the Affirmative.

Pinwall Lane, &c. Roads Bill:

Hodie 3^a vice lecta est Billa, 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."

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

It was resolved in the Affirmative.

Clown Road Bill:

Hodie 3^a vice lecta est Billa, 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."

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

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 3 preceding Bills.

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

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Suits in Common Law Courts Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to prevent the Expence and Delay of Suits in the Common Law Courts at Westminster."

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

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

Macclesfield Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from the Broken Cross, in Macclesfield, to Nether Tabley, in the County of Chester."

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.

Richmond Lunatic Asylum Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act for appropriating the Richmond Lunatic Asylum in Dublin to the Purposes of a District Lunatic Asylum."

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

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Churches Building Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act to amend and render more effectual an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty, intituled, "An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes," and for the Lords to to be summoned;

The House was accordingly adjourned during Pleasure, and again 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 on Friday next.

8th Report from Appeal Com ee.

The Earl of Shaftesbury reported from the Lords Committees 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; and to report to the House; and to whom were referred certain Petitions in the following Causes; the Magistrates and Town Council of Dundee against Kay and another; and Baird against Ross; "That the Committee had met, and considered the Appellant's Petition in the Cause Baird against Ross, praying their Lordships to grant him another Month's Time to deposit his Case; and the Committee are of Opinion, That the Petitioner may be allowed a Month's further Time to deliver in his printed Case: And that the Committee had also considered the Petition of The Honorable William Ogilvy, residing at Airlie Castle, in the County of Forfar, praying that their Lordships will be pleased to allow him to interpose as a Party Respondent in the Appeal the Magistrates and Town Council of the Royal Burgh of Dundee against Kay and another, and to be heard by his Counsel and Agents against the same; and had also considered the Petition of John Mackenzie Lindsay, Merchant, Burgess and Guild Brother of the Royal Burgh of Dundee, praying their Lordships to order that he may be allowed to appear as a Respondent in the said Cause, and have Leave to state against the said Appeal all legal Objections which he may have to urge against the same as well on the Head of Acquiescence as any other Ground; and had heard the Agents thereon, and the Committee are of Opinion, under the Circumstances of the Case, That the said Petitioner John Mackenzie Lindsay may be allowed to appear as a Party Respondent to the said Appeal, and be heard by his Counsel against the same; but with a Saving of all Objections which may be made, on the Hearing of the Appeal, to the Competency of his being so let in as a Respondent, and subject also to such Order as the House may think fit to make, on the Hearing of the Appeal, as to the Matter of Costs; and the Committee are further of Opinion, That the said Petitioner John Mackenzie Lindsay should be ordered forthwith to put in his Answer to the said Appeal in Writing, and deposit Prints of his Case; and the Committee are also of Opinion, That the Prayer of the Petition of the said William Ogilvy ought not to be complied with."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

Marine Mutiny Bill.

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

With a Bill, intituled, "An Act for the Regulation of His Majesty's Royal Marine Forces while on Shore;" to which they desire the Concurrence of this House.

Winchester Road Bill.

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

With a Bill, intituled, "An Act for more effectually repairing and improving the Road from Lower Saint Cross Mill Lane, on the Road from the City of Winchester to Southampton, to Park Gate, on the Road from Southampton to Gosport, in the County of Southampton;" to which they desire the Concurrence of this House.

Cleeve & Evesham Road Bill.

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

With a Bill, intituled, "An Act for more effectually repairing the Road from Albion Street, in the Town of Cheltenham, in the County of Gloucester, to Bunch Lane, in or near the Village of Bishop's Cleeve, in the said County, to join the Turnpike Road leading from the Town of Evesham, in the County of Worcester, to the said Town of Cheltenham;" to which they desire the Concurrence of this House.

Haslemere Road Bill.

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

With a Bill, intituled, "An Act for more effectually amending and widening the Road from a Place near the Village of Milford, in the County of Surrey, through Haslemere to the Forty-third Mile Stone at Carpenter's Heath, and from thence to a Bridge near the Blue Bell Inn, over Houndley's Water, at the Boundary of the said County of Surrey;" to which they desire the Concurrence of this House.

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

Leave to Sir J. Macdonald to attend Comee on Ld. Macdonald's Claim.

The Messengers sent to the House of Commons this Day, being returned; acquainted the House, "That the Commons do give Leave to Sir James Macdonald Baronet, a Member of that House, to attend their Lordships, in order to his being examined as a Witness before the Lords Committees for Privileges, to whom the Petition of Lord Macdonald, claiming a Right to vote at the Elections of Peers for Ireland, to sit in the Parliament of the United Kingdom, stands referred, as desired, if he think fit."

Papers delivered:

The House being informed, "That Mr. Charles Crafer, from the Treasury, attended;"

He was called in; and delivered at the Bar, pursuant to an Address to His Majesty of the 25th Day of February last,

Drainage of Land: (Ireland):

"A Copy of a Memorial to the Lords of His Majesty's Treasury from The Earls of Clanricarde and Clancarty, dated 30th May 1825, concerning the Drainage of a large Tract of Land, by removing Obstructions in the River Shannon."

Mr. Charles Crafer also delivered at the Bar, pursuant to Orders of the 14th Day of December and 22d Day of February last,

Lead imported & exported:

"An Account of the Quantity of Foreign Lead and Lead Ore imported from 1st January 1830 to 1st January 1831; also, An Account of the Total Amount of Duty paid on the same:"

Also, "An Account of the Quantity of British Lead and Lead Ore exported from 1st January 1830 to 1st January 1831; the Countries and Places to which such Exports have been made, and the Periods; and from what Ports of the United Kingdom the Exports have been made:"

Drainage of Land: (Ireland:)

And also, "A Copy of the Report of Mr. John Grantham, Engineer, upon the Subject of the Drainage of a large Tract of Land, by removing Obstructions in the River Shannon."

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

Military Account Office: (Ireland:)

"A Copy of the Treasury Minute, dated 21st January 1831, discontinuing the Salaries of Commissioners and Clerks of the Military Account Office in Ireland, and granting Retired Allowances:"

Receivers General of Taxes:

And also, "An Account of the Salaries, Allowances or other Emoluments in any Manner accruing to the several Receivers General of the Taxes, within the Year ending 5th January 1831."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

The House being informed, "That Mr. Shipdem, from the Commissioners of Dovor Harbour, attended;"

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

Dovor Harbour.

"An Account of the Receipt and Application of the Monies received by the Warden and Assistants of the Harbour of Dovor, in the County of Kent, from the 10th Day of October 1829 to the 10th Day of October 1830."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Canada Timber, Petition of Chamber of Commerce, Plymouth, against Increase of Duty on.

Upon reading the Petition of the Merchants, Ship Owners and other Members of the Chamber of Commerce of the Port of Plymouth; praying their Lordships "not to sanction the proposed Measures of His Majesty's Ministers for increasing the Duties on North American Timber:"

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

Poor Settlement Bill.

Ordered, That the Bill, intituled, "An Act to explain and amend an Act of the Sixth Year of His late Majesty King George the Fourth, as far as regards the Settlement of the Poor by the renting and Occupation of Tenements," be read a Second Time on Thursday next.

Adjourn.

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