House of Lords Journal Volume 63: 28 July 1831

Die Jovis, 28° Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Report from Com ee for Privileges on E. of Normanton'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 Welbore Ellis Earl of Normanton, 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; (vizt.)

"Resolved, That it is the Opinion of this Committee, That Welbore Ellis Earl of Normanton, 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 Welbore Ellis Earl of Normanton, 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.

Richmond Bridge Account delivered.

The House being informed, "That Mr. Smith, from the Commissioners of Richmond Bridge, attended;"

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

"Richmond Bridge Cash Account, 1830."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Staines Bridge Account delivered.

The House being informed, "That Mr. Horne, from the Commissioners of Staines Bridge, attended;"

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

"An Account of the Receipts and Disbursements of the Tolls and other Monies collected and raised by virtue of the Acts relating to the Bridge over the River Thames at Staines, in the County of Middlesex, from the 26th Day of March 1830 to the 25th Day of March 1831, both Days inclusive."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Huddersfield Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for improving and maintaining the Road from the South Side of a Bridge over the River Colne, called Engine Bridge, in the Township of Huddersfield, in the West Riding of the County of York, to Woodhead, in the County Palatine of Chester, and from thence to a Bridge over the River Mersey, called Enterclough Bridge, on the Confines of the County of Derby."

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.

West India Docks Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to consolidate and amend the several Acts for making the West India Docks."

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.

Cirencester Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving certain Roads leading to and from the Town of Cirencester, in the County of Gloucester, and Wootton Bassett, in the County of Wilts."

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.

Lincoln County Buildings Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Justices of the Peace for the Three Divisions of the County of Lincoln to purchase the Site of Lincoln Castle; and to empower the Court of Gaol Sessions for the said County to maintain and support the Judges House, County Hall and Courts of Assize; and for other Purposes affecting the County at large."

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.

Dundee Municipal Government Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for extending the Royalty of the Burgh of Dundee, and for amending the Sett or Municipal Constitution of the said Burgh."

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.

Drogheda Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and improving the Mail Coach Road through the County of Tyrone."

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.

Dean Forest Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue and amend an Act for more effectually repairing several Roads in and through His Majesty's Forest of Dean, in the County of Gloucester; and to convert certain Highways in the Parishes of Staunton and Newland, in the said County, into Turnpike Roads."

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.

Wisbech Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from the Town of Wisbech, in the Isle of Ely, in the County of Cambridge, to the Town of Thorney, in the same Isle and County."

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.

Avon, &c. Railway Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to alter the Line of the Avon and Gloucester Railway, to make certain Branches from the same, and to amend the Act for making the said Railway."

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

It was resolved in the Affirmative.

Darlington Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making a Turnpike Road (with a Branch therefrom) from the Angel Inn, near Darlington, in the County of Durham, to Barton Lane End, in the County of York."

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

It was resolved in the Affirmative.

Leven Drainage Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend and extend the Powers of an Act for recovering, draining and preserving certain Lands; and for better supplying with Water the Mills, Manufactories and other Works situated on the River Leven, in the Counties of Kinross and Fife."

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 Sir Giffin Wilson and Mr. Martin;

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

Wilson v. Ld. Kensington, & Meredith.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Thomas Wilson is Appellant, and William Baron Kensington and Edward Meredith are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Moray's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Entailed Estates of Abercairney and others, in the County of Perth, belonging to James Moray of Abercairney, Esquire, in Trustees, to sell the same or so much thereof as may be necessary, and to apply the Price arising therefrom in the Payment of the Debts affecting or that may be made to affect the said Lands and Estates."

Then several Amendments were made to the said Bill.

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 the former Messengers;

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

Watson's Name Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Wenman Langham Watson Esquire, and his Issue Male, to take the Surname and use the Arms of Samwell, pursuant to the Will of Sir Thomas Samwell Baronet, deceased," 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."

Ordered, That the said Bill be ingrossed.

Stirlingshire Roads Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for making and repairing certain Roads leading across the County of Stirling, and other Roads in the said County," was committed.

Rutherglen Railway Bill.

The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Railway from Rutherglen Green to Wellshot, in the County of Lanark," was committed.

Went (Norton, &c.) Drainage Bill, The King's Consent signified:

The Earl of Shaftesbury acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for draining and improving certain Low Lands situate within the several Townships of Norton, Campsall, Askrew, Moss, Fenwick, Little Smeaton, Stubbs Walden, Womersley, Whitley, Baln, Pollington, Snaith and Cowick, and Sykehouse, in the several Prrishes of Campsall, Womersley, Kellington, Snaith and Fishlake, all in the West Riding of the County of York," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

Bill reported.

Then The Earl of Shaftesbury reported from the Lords Committees, to whom the last-mentioned Bill 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."

Proceedings on East India Judicature Act.

The Earl of Shaftesbury reported from the Lords Committees appointed to examine the Lists laid upon the Table on Tuesday last, pursuant to the Directions of an Act made in the 26th Year of the Reign of His late Majesty King George the Third, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies, and for other Purposes therein mentioned; and to report to the House the Titles of such Lords as shall appear upon Ten such Lists; "That the Committee had met, and examined the said Lists; and that the Titles of the following Lords are the only Titles that appear upon Ten Lists:

"Duke of St. Albans.

"Duke of Rutland.

"Marquess of Bute.

"Marquess of Cleveland.

"Earl of Shrewsbury.

"Earl of Essex.

"Earl of Abingdon.

"Earl of Stamford & Warrington.

"Earl of Carnarvon.

"Earl of Oxford.

"Earl of Verulam.

"Earl Brownlow.

"Earl of Morley.

"Viscount Bolingbroke.

"Viscount Hood.

"Bishop of London.

"Bishop of Winchester.

"Baron Audley.

"Baron Dacre.

"Baron Grantham.

"Baron Yarborough.

"Baron Bayning.

"Baron Ailsa.

"Baron Wharncliffe.

"Baron Seaford.

"Baron Skelmersdale."

Then it was moved, "That the Clause in the said Act directing that the Names of such Persons who shall appear to hold or to have held any of the Offices or Employments therein specified shall be struck out of the said Report, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Titles be referred to the same Committee, to report the Names of those who shall appear to hold or to have held any of the Offices or Employments specified in the said Act:

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

Sir R. Vaughan v. Lady C. Hamilton et al.

The House being informed, "That Lady Charlotte Sophia Baillie Hamilton, and others, Respondents to the Appeal of Sir Robert Williams Vaughan Baronet, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of George Sutherland, Clerk to Thomson Paul of the City of Edinburgh, Writer to the Signet, of the due Service of the said Order, being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Norwich Poor Bill.

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

With a Bill, intituled, "An Act for the better Management of the Poor in the several Parishes and Hamlets in the City of Norwich and County of the same City;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Thompson's Estate Bill:

Hodie 3^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 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."

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 the former Messengers;

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

Wendover Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend an Act for more effectually repairing and improving the Road from Wendover to the Town of Buckingham, in the County of Buckingham," 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."

Manchester & Sheffield Railway Bill, Petition in favor of, referred to the Com ee.

Upon reading the Petition of the Gentry, Bankers, Merchants, Manufacturers and other Inhabitants of Sheffield, in the West Riding of the County of York, and the Neighbourhood, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for making a Railway from Manchester, in the County Palatine of Lancaster, to Sheffield, in the West Riding of the County of York;" and praying their Lordships, "That the same may pass into a Law:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed.

Education, (Ireland,) Petition from Kilshannick for altering Grants for.

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Kilshannick, in the County of Cork, Ireland, whose Names are thereunto subscribed; praying their Lordships "to grant a Portion of the Annual Grant which has been heretofore given to certain Societies for the Mental Improvement of the Poor of Ireland, to the Roman Catholic Clergy of said Parish, for the Education of the poor neglected Children committed to their Care:"

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

Roll of Peers delivered.

The Lord Speaker acquainted the House, "That the Clerk Assistant had prepared and laid on the Table the Roll of Peers, pursuant to the Order of the House."

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

Ordered, That the said Roll be printed.

Labourers Wages, Petitions from Stafford-shire & Merthyr Tydfil respecting.

Upon reading the Petition of the Workmen and Labourers residing in the various Parishes comprising the South-west District of the County of Stafford, whose Names are thereunto subscribed; praying their Lordships "to investigate the Evils ascribable to the cruel and oppressive Practices of those Masters who, in the arbitrary Pursuit of the Truck System, compel the Petitioners, some by direct and others by indirect Means, to take the Whole or the greatest Part of their hard earned Wages in Provisions and other Articles; and administer effectual Relief in the Premises:"

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

Upon reading the Petition of the Owners of Property, Tradesmen and others, Inhabitants of the Parish of Merthyr Tydfil, in the County of Glamorgan, whose Names are thereunto subscribed; praying, "That their Lordships will take such Measures as may seem fit to set aside the Evasion now practised, and to render effective those Laws prohibiting the Payment of Wages in Provisions or otherwise than in Money, which, until evaded, have so long worked well for every Class and Body of the Labourers and Tradesmen of the Kingdom at large:"

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

Union of Parishes, &c. (Ireland) Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, intituled, "An Act to consolidate and amend the Laws in force in Ireland for Unions and Divisions of Parishes, and for uniting or disappropriating Appropriate Parishes or Parts of Parishes; and to make further Provision with respect to erecting Chapels of Ease, and making Perpetual Cures."

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 on Wednesday next.

Slavery, Petition from Synod of Caithness & Sutherland for Abolition of.

Upon reading the Petition of the Members of the Provincial Synod of Caithness and Sutherland, met in Synod at Thurso, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as may, with the least possible Delay consistent with the Safety of the Population of the West Indies, put an entire Stop to Slavery, that unchristian System, which has but too long prevailed in that Part of His Majesty's Dominions:"

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Thursday next.

Churches Building Bill.

The Order of the Day being read for the House to be 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 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 by The Lord Chancellor:

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.

Tithes Composition Bill.

It was moved, "That the Order made on Thursday last, "That the House be again put into a Committee upon the Bill, intituled, "An Act for encouraging and facilitating Compositions for Tithes and other Payments arising and payable to Incumbents of Ecclesiastical Benefices in England and Wales,"on Monday the 1st of August next; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the House be again put into a Committee upon the said Bill on Monday the 8th of August next; and that the Lords be summoned.

Fortresses in the Netherlands, Papers respecting, delivered.

The Earl Grey (by His Majesty's Command) presented to the House,

"Protocol of a Conference held at the Foreign Office, April 17, 1831, between the Plenipotentiaries of Austria, Great Britain, Prussia and Russia:

And also, "Note addressed by the Plenipotentiaries of Austria, Great Britain, Prussia and Russia, to the Plenipotentiary of France, on the 14th of July 1831, respecting the Fortresses on the Frontiers of the Netherlands;" with Translations.

And the Titles thereof being read by the Clerk;

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

The Queen's Annuity Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for enabling His Majesty to make Provision for supporting the Royal Dignity of The Queen, in case She shall survive His Majesty;"

The said Bill was accordingly read a Second Time.

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.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday next.

Lunatics, C. Dunne's Petition respecting, referred to Com ee on Lunatics Bill.

Upon reading the Petition of Charles Dunne, Member of the Royal College of Surgeons in London, and of the Faculty of Medicine at Paris; praying their Lordships "to amend the Laws relative to the Care and Treatment of Lunatics:"

It is Ordered, That the said Petition be referred to the Committee to whom the Bill, intituled, "An Act for regulating for Three Years, and from thence until the End of the then next Session of Parliament, the Care and Treatment of Insane Persons in England," stands referred.

Payment of Wages in Goods Repeal Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to repeal several Acts and Parts of Acts prohibiting the Payment of Wages in Goods, or otherwise than in the current Coin of the Realm;" 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 directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be ingrossed.

Payment of Wages in Money Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to prohibit, in certain Trades and in certain Parts of Great Britain, the Payment of Wages in Goods, or otherwise than in the current Coin of the Realm," 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.

Polewart Peerage, Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of Hugh Scott Esquire, of Harden, eldest Son and Heir of the late Walter Scott Esquire, of Harden, and Lady Diana Scott, also deceased, to His Majesty, praying, "That His Majesty will be pleased to make such Reference to the House of Lords on the Right of the Petitioner to the Barony of Polewart, and of this Petition, as may effectually revive the former Proceedings before this House relative to the said Barony, and enable the Petitioner to have the Benefit of all Proofs taken before their Lordships, or their Committee of Privileges, on the former Reference to this House of the Petition and Claim of Dame Ann Paterson Anstruther to the said Barony, and all such other Benefit as the Nature of the Case shall properly allow, and at the same Time to prove the present Right of the Petitioner to the said Barony;" with His Majesty's Reference thereof to this House, stands referred, do meet to consider of the said Claim on Tuesday next, at Three o'Clock; and that Notice thereof be given to His Majesty's Attorney General, and The Lord Advocate for Scotland."

Coal, &c. Duties Repeal Bill.

Ordered, That the Bill, intituled, "An Act to discontinue or alter the Duties of Customs upon Coals, Slates, Cotton, Wool, Barilla and Wax," be read a Second Time on Thursday next; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum nonum diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.