House of Lords Journal Volume 63: 14 July 1831

Die Jovis, 14° Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Shaftesbury sat Speaker by virtue of a former Commission.

E. of Mar v. Lady F. J. Erskine et al.

The joint and separate Answers of The Right Honorable Lady Frances Jemima Erskine or Goodeve, and The Right Honorable Lady Jane Janet Erskine or Wilmot, the Two younger Children of the deceased John Thomas Earl of Mar, and their respective Husbands; also Robert Wardlaw Ramsey Esquire, and David Cleghorn, Writer to the Signet, Trustees appointed under their Post-Marriage Contract, to the Petition and Appeal of The Right Honorable John Francis Miller Erskine Earl of Mar, was this Day brought in.

Officers of State for Scotland v. E. of Haddington.

As was also, The Answer of The Right Honorable Thomas Earl of Haddington to the Petition and Appeal of His Majesty's Officers of State for Scotland.

Barton Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from the Bridge on the old River at Barton to Brandon Bridge, in the County of Suffolk."

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.

Grosvenor Chapel Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Establishment of a Chapel of Ease, to be called Grosvenor Chapel, in the Parish of Saint George Hanover Square, in the County of Middlesex, and for providing for the Maintenance of the said Chapel, and a Stipend for the Minister thereof."

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.

Wolverhampton Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and improving certain Roads in the Counties of Stafford and Salop, leading to and from the Town of Wolverhampton, in the County of Stafford."

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.

Gorbals Statute Labour Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to alter and amend an Act passed in the Sixth Year of the Reign of His late Majesty King George the Fourth, for regulating the Conversion of the Statute Labour within the Barony of Gorbals, in the City of Glasgow and County of Lanark."

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.

Thompson's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging Part of the Freehold Estates devised by the Will of Beilby Thompson Esquire for Freehold Lands devised by the Will of Mrs. Dorothy Wilson to Trustees for Charitable Purposes; and for amending and enlarging the Powers of an Act passed in the Third Year of His late Majesty King George the Fourth, intituled, "An Act for empowering Trustees to sell and convey Part of the Freehold and Copyhold Estates in the County of York devised by the Will of Beilby Thompson Esquire, deceased, and Part of the Freehold Estates in the same County devised by the Will of Richard Thompson Esquire, deceased, and for laying out the Money arising from such Sales respectively, under the Direction of the High Court of Chancery, in the Purchase of other Estates, to be settled to the same Uses."

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 Monday the 25th of this instant July, at the usual Time and Place; and to adjourn as they please.

Report from Comee for Privileges on Ld. Bloomfield's Claim to vote for Peers for Ireland:

The Earl of Shaftesbury reported from the Lords Committees for Privileges, to whom it was referred to consider of the Petition of The Right Honorable Benjamin Baron Bloomfield, in that Part of the United Kingdom called Ireland; praying their Lordships, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted;" "That the Committee had met, and considered the Petition to them referred; and had come to the following Resolution; (viz ^t.)

"Resolved, That it is the Opinion of this Committee, That Benjamin Baron Bloomfield, in that Part of the United Kingdom called Ireland, hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom."

Which Report, being read by the Clerk, was agreed to by the House.

Resolution that his Lordship hath made out his Claim.

Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That Benjamin Baron Bloomfield, in that Part of the United Kingdom called Ireland, hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom.

Ordered, That the Clerk of the Parliaments do transmit to the Clerk of the Crown in Ireland the said Resolution and Judgment.

Brown's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling the Trustee under the Will of Henry Brown deceased to sell certain Shares in the Leeds and Liverpool Canal Navigation, and a Share in the Liverpool Theatre, and certain Bonds from the Liverpool Dock Trustees, and of a certain Sum due on Bond from the Corporation of Liverpool, and to apply the Money arising therefrom in repairing, pulling down and rebuilding certain Houses in Paradise Street, in the Town of Liverpool aforesaid; and for other the Purposes in this Act mentioned."

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

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by Mr. Cross and Mr. Trower;

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

Mrs. Turton's Divorce Bill, Bower to attend.

Ordered, That William Bower do attend this House on Monday next, in order to his being examined as a Witness upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned."

Adair v. Adair et al.

Upon reading the Petition of William Adair, Appellant in a Cause depending in this House, to which Mrs. Margaret Adair or Black, and others, are Respondents; praying, "That their Lordships will be pleased to order him to be admitted to appear as Appellant in this Cause in formâ Pauperis, and to assign him for his Counsel Henry Cockburn and John Wilson, Advocates in Edinburgh, and for his Solicitor William Gibson Thomson of Old Palace Yard:"

It is Ordered, That the Petitioner be at liberty to prosecute his said Appeal in this House in formâ Pauperis, as desired.

Bp. Chichester takes the Oaths.

This Day Robert James Lord Bishop of Chichester took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Beer Act, Petition from Boldre for Modification of.

Upon reading the Petition of the Vicar, Churchwardens, Overseers and other Inhabitants of the Parish of Boldre, in the County of Southampton, whose Names are thereunto subscribed; praying their Lordships "to take into their Consideration the very great Inconvenience and Injury arising to the Peace, good Order and Morals of the People by the rapid Multiplication of Houses for the drinking of Beer on the Premises, and subject to no effectual Control whatever; and to grant a Modification of the Act passed in the First Year of His present Majesty's Reign, commonly known as the Beer Act:"

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

Bp. Cork's Petition referred to Judges in Ireland.

Upon reading the Petition of The Right Reverend Samuel Lord Bishop of Cork and Ross, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned, and that the said Petition may be referred to the Judges on the Cork Circuit:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Pennefather, in Ireland, and Mr. Baron Foster, in Ireland, or the Two going Judges of Assize on the Cork Circuit, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Oswalds' Estate Bill, Petition to change Reference to the Judges.

Upon reading the Petition of Richard Alexander Oswald Esquire and James Oswald Esquire; setting forth, "That upon the 1st Day of July instant their Lordships were pleased to order that a printed Copy of the Estate Bill of the Petitioners, now depending in their Lordships House, should be referred to Two of the Judges in Scotland, to take the Consents of such of the Heirs of Entail of the said Estates as might be in Scotland: That accordingly Lords Balgray and Corehouse met at Edinburgh on the 8th Day of July instant, and received the Consents of several Heirs of Entail, and have made their Report: That certain others of the Heirs of Entail of the said Estate, who were expected to have consented in London before the Committee on the Bill in their Lordships House, have been under the Necessity of proceeding to Scotland, so as not to be able to be in London on the Day appointed for the meeting of the Committee; and Lord Balgray and Lord Corehouse having both left Edinburgh, the Petitioners are therefore obliged to apply to their Lordships for another Reference to Two Judges, now believed to be in Edinburgh, to take the Consents of such Heirs of Entail;" and therefore praying, "That their Lordships will be pleased to order that the printed Copy of the said Bill may be referred to The Lord President of the Court of Session and Lord Meadowbank, to receive the Consents of such of the Heirs of Entail of the said Estates as may now be in Scotland:"

It is Ordered, That a printed Copy of the said Bill, signed by the Clerk of the Parliaments, be referred to The Lord President of the Court of Session, in Scotland, and Lord Meadowbank, in Scotland, to receive the Consents to the said Bill of such of the Heirs of Entail of the said Estates as may now be in Scotland, and thereafter to report to the House thereupon.

Ramié's Leave for a Naturalization Bill:

Upon reading the Petition of Charles Francis Ramié of the Island of Jersey, Merchant; praying, "That Leave may be given to bring in a Bill for his Naturalization:"

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill presented.

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act for naturalizing Charles Francis Ramié."

The said Bill was read the First Time.

Rhodes v. De Beauvoir, Appellant's Petition to print Supplemental Appendix, referred to Appeal Com ee.

Upon reading the Petition of William Rhodes, Appellant in a Cause depending in this House, to which Richard Benyon De Beauvoir is Respondent; praying their Lordships, "That he may be at liberty to print a Supplemental Appendix; but in case their Lordships shall refuse to allow him to do so, that their Lordships will direct the Respondent to expunge so much of his Case as relates to any Matters which have transpired since the Date of the said Decree:"

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.

Ashton-under-Lyne Tithes Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for settling disputed Rights respecting Tithes within the Parish of Ashton-under-Lyne, in the County Palatine of Lancaster, and for fixing certain Annual Payments in lieu thereof," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Aylsham & Cromer Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing the Road from Norwich to Cromer, in the County of Norfolk, and Two Branches of Road leading towards Holt and towards Wolterton, in the said County," 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."

Doncaster & Tadcaster Road Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and improving the Road from Doncaster, through Ferrybridge, to the South Side of Tadcaster Cross, in the West Riding of the County of York," was committed.

Southampton Pier Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for erecting and maintaining a Pier and other Works for the more conveniently landing and embarking Passengers in the Port of the Town of Southampton," was committed.

Cheltenham Roads Bill.

The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing and improving several Roads leading into and from the Town of Cheltenham, in the County of Gloucester; and for making new Branches of Roads to communicate therewith," was committed.

Ferrybridge Inclosure Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing the several Open Common Fields, Mesne Inclosures, Ings, Common or Stinted Pastures and Balks within the Manor and Township of Ferrybridge otherwise Ferryfryston, in the West Riding of the County of York," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Wooler & Breamish Roads Bill.

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

With a Bill, intituled, "An Act for consolidating the Trusts of certain Roads called the Breamish and Wooler Turnpike Roads, in the County of Northumberland, and for more effectually improving and maintaining the same;" to which they desire the Concurrence of this House.

Langley Inclosure Bill.

A Message was brought from the House of Commons, by Colonel Wood and others;

With a Bill, intituled, "An Act for inclosing Lands in the Hamlet of Langley, in the Parish of Claverdon, in the County of Warwick;" to which they desire the Concurrence of this House.

Hatton, &c. Inclosure Bill.

A Message was brought from the House of Commons, by Colonel Wood and others;

With a Bill, intituled, "An Act for inclosing Lands in the several Parishes of Hatton, Haseley and Wroxhall, in the County of Warwick;" to which they desire the Concurrence of this House.

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

Desvignes' Naturalization Bill.

A Message was brought from the House of Commons, by Colonel Wood and others;

To return the Bill, intituled, "An Act for naturalizing Peter Hubert Desvignes and George Desvignes;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Durham & Shotley Bridge Road Bill.

A Message was brought from the House of Commons, by Colonel Wood and others;

With a Bill, intituled, "An Act for more effectually repairing and improving the Road between the City of Durham and the Village of Shotley Bridge, in the County of Durham;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hebeler's Naturalization Bill.

A Message was brought from the House of Commons, by Colonel Wood and others;

To return the Bill, intituled, "An Act for naturalizing Bernhard Hebeler;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Abergavenny Roads Bill.

A Message was brought from the House of Commons, by Colonel Wood and others;

With a Bill, intituled, "An Act for more effectually repairing certain Roads leading to and from the Town of Abergavenny, in the County of Monmouth; and for making and maintaining several new Branches of Road to communicate therewith;" to which they desire the Concurrence of this House.

Exeter Roads Bill.

A Message was brought from the House of Commons, by Colonel Wood and others;

With a Bill, intituled, "An Act to amend an Act of His late Majesty King George the Fourth, for repairing the several Roads leading to and from the City of Exeter, and for making certain new Lines of Road to communicate with the same, and for keeping in Repair Exe Bridge and Countess Wear Bridge; and to make and maintain other Roads communicating with the said Roads;" to which they desire the Concurrence of this House.

Belfast Bridge Bill.

A Message was brought from the House of Commons, by Colonel Wood and others;

With a Bill, intituled, "An Act for erecting and maintaining a Bridge over the River Lagan at Belfast, and for making suitable Approaches thereto;" to which they desire the Concurrence of this House.

Forfarshire Roads Bill.

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

With a Bill, intituled, "An Act for more effectually making, amending, widening, repairing, and keeping in Repair certain Roads in the County of Forfar;" to which they desire the Concurrence of this House.

Kinrossshire, &c. Roads Bill.

A Message was brought from the House of Commons, by Admiral Adam and others;

With a Bill, intituled, "An Act for more effectually making and repairing certain Roads in the Counties of Fife, Kinross, Perth and Clackmanan;" to which they desire the Concurrence of this House.

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

Frauds on Creditors Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to prevent Debtors from defrauding their Creditors by lying in Prison or absconding from England;" and for the Lords to be summoned;

It was moved, "That the said Bill be now read the Third Time."

Which being objected to;

It was moved, "to leave out ("now") and insert ("this Day Week")

After Debate,

The Question was put, "Whether the Word ("now") shall stand Part of the Motion?"

It was resolved in the Negative.

Ordered, That the said Bill be read the Third Time on this Day Week; and that the Lords be summoned.

Lord Lieutenants (Ireland) Bill.

Ordered, That the Bill, intituled, "An Act to provide for the better Order and Government of Ireland, by Lieutenants for the several Counties, Counties of Cities and Counties of Towns therein," be read the Third Time To-morrow; and that the Lords be summoned.

Officers of State for Scotland v. E. of Haddington, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of Thomas Earl of Haddington, Respondent in a Cause depending in this House, to which His Majesty's Officers of State for Scotland are Appellants; praying, "That their Lordships will be pleased to order that the Prints of his Appeal 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.

Frauds on CreditorsBill, Tighe's Petition against.

Upon reading the Petition of Robert Stearne Tighe, late of Mitchelstown, in the County of West-Meath, Esquire, but now a Prisoner for Debt in the Marshalsea of the Court of King's Bench; taking notice of a Bill depending in this House, intituled, "An Act to prevent Debtors from defrauding their Creditors by lying in Prison or absconding from England;" and praying, "That the same may not be passed into a Law, but may be referred to the Consideration and Correction of the Commissioners of Common Law Enquiry:"

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

Compositions for Tithes, (Ireland,) Address for Return respecting.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "A Return of every Rectory, Vicarage and Curacy, whether Perpetual or Impropriate, in Ireland; specifying the Amount of the Composition for Tithes in such as have been compounded for under the Acts for that Purpose, whether with the Incumbent or Impropriator, and the Number of Statute Acres in each Parish so compounded."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Union with Ireland, Petition from Belfast for Repeal of.

Upon reading the Petition of the Citizens, Mechanics, Tradesmen and other Inhabitants of the Town of Belfast, whose Names are thereunto subscribed; praying their Lordships "to restore to Ireland her domestic Legislature, and thus save her from impending Ruin, by raising her to that Scale among Nations for which Nature intended her, and restoring to her People those just Rights of which they have been deprived by the basest Treachery, foulest Bribery, and most profligate Corruption:"

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

Dean Forest Boundaries Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for ascertaining the Boundaries of the Forest of Dean, and for inquiring into the Rights and Privileges claimed by Free Miners of the Hundred of Saint Briavel's; and for other Purposes;"

Ordered, That the House be put into a Committee upon the said Bill on Tuesday next.

Customs, &c. Oaths Abolition Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to abolish certain Oaths and Affirmations taken and made in the Customs and Excise Departments of His Majesty's Revenue, and to substitute Declarations in lieu thereof;"

Ordered, That the said Bill be read the Third Time To-morrow.

Adjourn.

Comes Shaftesbury declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quintum diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.