House of Lords Journal Volume 63: 22 August 1831

Die Lunæ, 22° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

M. of Headfort's Claim, Com ee to meet:

Ordered, That the Committee for Privileges, to whom the Petition of Thomas Marquess of Headfort, Earl of Bective, Viscount and Baron Headfort, of that Part of the United Kingdom of Great Britain and Ireland called Ireland, praying, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred, do meet to consider of the said Petition on Wednesday next.

Message to H.C. for Mr. Conollyto attend the Com ee.

Ordered, That a Message be sent to the House of Commons, to request that they will give Leave to Edward Michael Conolly Esquire, 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 The Marquess of Headfort, claiming a Right to vote at the Elections of Peers for Ireland to sit in the Parliament of the United Kingdom, stands referred.

Bp. of Cork Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Samuel Lord Bishop of Cork and Ross, 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 repeal an Act passed in the Parliament of Ireland in the Thirty-second Year of the Reign of King George the Third, relating to a Portion of the Lands of Ballinaspeg, near the City of Cork, belonging to the See of Cork; and to enable the Bishops of that See to demise the same under certain Restrictions."

Mrs. Turton's Divorce Bill:

Hodie 3 ^a vice lecta est Billa, 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."

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. Adam and Mr. Roupell;

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

Galway Harbour Bill:

Hodie 3 a vice lecta est Billa, intituled, "An Act to amend and enlarge the Powers of an Act passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act 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."

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

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by the former Messengers;

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

Eau Brink Drainage Bill read 2 a, & committed:

Hodie 2 ^a vice lecta est Billa, intituled, "An Act to alter, amend and enlarge the Powers of the several Acts now in force relating to the new River or Cut from Eau Brink to King's Lynn, in the County of Norfolk, called the Eau Brink Cut; and to raise further Funds for carrying the said Acts into Execution."

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

Their Lordships, or any Five of them, to meet on Wednesday next, at Two o'Clock in the Afternoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Petition against it, referred to the Com ee:

Upon reading the Petition of Sir Henry Paston Bedingfeld Baronet, taking notice of the last-mentioned Bill, and praying, "That their Lordships will not permit the same to pass into a Law as it now stands, and that he may be heard by his Agents or Counsel against the Whole, or such Parts of it as affect his Rights, Interests and Property:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, and that the Petitioner be at liberty to be heard by his Agents or Counsel against the same, as desired; and that Counsel be heard for the Bill at the same Time, if they think fit.

All Lords added to the Com ee:

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee to whom the said Bill stands committed, be added thereto.

Com ee to appoint a Chairman:

Ordered, That the Committee to whom the said Bill stands committed do appoint their own Chairman.

Further Petitions against it, referred to the Com ee.

Upon reading the Petition of the Owners of Lands lying within the Operation of the several Acts of Parliament commonly called the "Eau Brink Acts," and also of such Occupiers of Lands as are liable to the Taxes imposed by the said Acts, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That the same may not pass into a Law, and that they may be heard by themselves, their Counsel or Agents, against the same, or such Parts thereof as affect their Rights and Interests:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, and that the Petitioners be at liberty to be heard by themselves, their Counsel or Agents, against the same, as desired.

Upon reading the Petition of the Proprietors of Lands lying within the Operation of certain Acts of Parliament commonly called the "Eau Brink Acts," whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That the same may not pass into a Law:"

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

Visct Ashbrook's Claim, Message to H.C. for Mr. Pryse to attend the Com ee.

Ordered, That a Message be sent to the House of Commons, to request that they will give Leave to Pryse Pryse Esquire, 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 Viscount Ashbrook, claiming a Right to vote at the Elections of Peers for Ireland to sit in the Parliament of the United Kingdom, stands referred.

Drogheda Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and improving the Mail Coach Road through the County of Tyrone," 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."

Eiston v. Houston, Appellant's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of John Eiston, Appellant in a Cause depending in this House, to which Margaret Houston is Respondent; praying, "That their Lordships will be pleased to order that the Time for lodging his printed Case may be extended to One Month from this Date:"

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.

Glendonwyn & Kennedy v. Goldie et al. Petition of 2 Respondents to lodge their Cases, referred to Appeal Com ee.

Upon reading the Petition of Alexander Goldie and Xaveria Glendonwyn, Two of the Respondents in a Cause depending in this House, to which Mrs. Ismene Magdalina Glendonwyn or Scott and Robert Kennedy are Appellants, and Alexander Goldie, and others, are Respondents; praying their Lordships, "That they may be permitted now to lodge the Prints of their Cases:"

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

Report from Com ee on the Library, &c.

The Earl of Shaftesbury reported from the Lords Committees appointed a Select Committee to consider of some Additions to be made to the Library of this House, and of other Matters relating thereto; and to whom it was an Instruction to consider of some Mode for more effectually ventilating the House; "That the Committee had met, and had considered the said Instruction as to the Ventilation of the House, and had conferred with Sir Benjamin Stephenson, Surveyor General of the Board of Works, and Mr. Smirke, thereon, and had received from Mr. Smirke some Suggestions recommending certain Alterations in the present Mode of ventilating the House; and the Committee beg to submit, that Authority should be given to this Committee to employ Mr. Smirke in carrying into Effect the Plans proposed by him for improving the Ventilation of the House."

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

Warrington, &c. Railway Bill, S. Massey to attend the Com ee.

Ordered, That Samuel Massey do attend this House on Wednesday next, to be sworn, in order to his being examined as a Witness before the Committee to whom the Bill, intituled, "An Act to enable the Company of Proprietors of the Warrington and Newton Railway to extend the said Railway from the Termination thereof at Bank Quay, in the Parish of Warrington, in the County Palatine of Lancaster, to Norton, in the County Palatine of Chester," stands committed.

Lord Lieutenants (Ireland) Bill.

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

To return 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;" and to acquaint this House, That they have agreed to the same, with some Amendments, to which they desire their Lordships Concurrence.

The House proceeded to take the said Amendments into Consideration:

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

And, A Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Belfast Harbour Bill.

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

To return the Bill, intituled, "An Act for the further Improvement of the Port and Harbour of Belfast, in Ireland, and for other Purposes;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Exeter Roads Bill.

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

To return the 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;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto.

Levyssohn's Naturalization Bill.

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

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

Education, (Ireland,) Petition from Glenarm for continuing Grants for.

Upon reading the Petition of the Inhabitants of the Town and Parish of Glenarm, in the County of Antrim, whose Names are thereunto subscribed; praying their Lordships "to afford, as they have heretofore done, their Countenance and Protection, on Public Grounds, to the Society for promoting the Education of the Poor of Ireland, by continuing the usual Grants to it:"

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

North Shields Road Bill, Petition against, referred to the Com ee.

Upon reading the Petition of the Inhabitants of the Townships of Byker, Walker, Walls-End, Willington, Chirton, Preston and Tynemouth, in the County of Northumberland, being the whole of the Townships through which passes, in the said County of Northumberland, the Turnpike Road from North Shields, in the said County, to the Town of Newcastle upon Tyne, and who are rated to the Repairs of the said Turnpike Road, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for more effectually repairing the Road from North Shields, in the County of Northumberland, to the Town of Newcastle upon Tyne, and certain Branches communicating therewith; and also for making and repairing additional Branches of Road;" and praying their Lordships, That the same may not pass into a Law, or that it may be so altered and modified as to separate such Parts of the said Road and its Branches as lie within the County of the Town of Newcastle upon Tyne from those Portions of the same which lie within the County of Northumberland, so that in future each of the said Portions of Road may form a distinct Trust, and be under the Management of a distinct Body of Trustees; and that it may be enacted, that no Person being a Member of the Corporation of Newcastle upon Tyne shall ever be competent to act as a Trustee of that Portions of the Road which lies within the County of Northumberland, or to hold any Place of Profit or Emolument under the Trust thereof; and that, on the Separation of the Trusts of the Road in manner before mentioned, the Petitioners are ready and willing to bear such Proportion of the Debt on the said Road as by their Lordships may be deemed just and reasonable; and that the Petitioners may be heard before their Lordships by their Counsel, Agents and Witnesses, touching the Matter of their Petition:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, and that the Petitioners be at liberty to be heard by their Counsel, Agents and Witnesses, touching the Matter of their Petition, as desired.

Com ee on the Library, Ld. Lyndhurst added to.

Ordered, That The Lord Lyndhurst be added to the Select Committee appointed to consider of some Additions to be made to the Library of this House, and of other Matters relating thereto.

Kennet Navigation Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to alter and amend the several Acts for making navigable the River Kennet, in the County of Berks;"

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

Beer Act Amendment Bill, Petition of Clergy of Sittingbourne & Ospringe respecting.

Upon reading the Petition of the Clergy of that Part of the Diocese of Canterbury comprehended in the Deaneries of Sittingbourne and Ospringe, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to amend an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;" and praying, "That their Lordships would be pleased to introduce into the same a Clause to prohibit Houses known by the Name of Beer Shops, from being open for the Sale of Beer on the Lord's Day; or if their Lordships should not think fit to comply with this Prayer in its full Extent, that they would be pleased to accede to it so far at least as to have it enacted that on such Day no Beer should be sold in any such Shops, to be consumed upon the Premises; and further, that all Beer Shops should be compelled by Law to close on every Day of the Week at an Hour not later than Eight o'Clock in Summer, and Six o'Clock in Winter:"

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

Augmentation of Ecclesiastical Benefices 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 extend the Provisions of an Act passed in the Twenty-ninth Year of the Reign of His Majesty King Charles the Second, intituled, "An Act for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies;" and for other Purposes;" 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 Report be received To-morrow.

Plurality of Benefices Bill.

Ordered, That the Bill, intituled, "An Act to restrain and regulate the holding of Plurality of Dignities and Benefices by Spiritual Persons," be read a Second Time on Thursday next; and that the Lords be summoned.

Leave to Mr. Pryse to attend the Com ee on Visct Ashbrook's Claim.

The Messengers sent to the House of Commons this Day, to request, "That they would give Leave to Pryse Pryse Esquire, 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 Viscount Ashbrook, claiming a Right to vote at the Elections of Peers for Ireland to sit in the Parliament of the United Kingdom, stands referred," being returned; acquainted the House, "That the Commons had given Leave to Pryse Pryse Esquire to attend the said Committee, if he think fit."

Commons Answer to Message of this Day.

The Messengers sent to the House of Commons this Day, to request, "That they would give Leave to Edward Michael Conolly Esquire, 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 The Marquess of Headfort, claiming a Right to vote at the Elections of Peers for Ireland to sit in the Parliament of the United Kingdom, stands referred," being returned; acquainted the House, "That the Commons return for Answer, That they will send an Answer by Messengers of their own."

Poor Relief Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to amend the Laws for the Relief of the Poor;"

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.

Dublin Railway Bill, T. Flanagan's Petition against.

Upon reading the Petition of Thomas Flanagan of the City of Dublin, Gentleman, taking notice of a Bill depending in this House, intituled, "An Act for making and maintaining a Railroad from Westland Row, in the City of Dublin, to the Head of the Western Pier of the Royal Harbour of Kingstown, in the County of Dublin, with Branches to communicate therewith;" and praying their Lordships, "That he may be personally heard, or by his Agent or Counsel, against the same, or against such Parts thereof as may affect Petitioner and Fellow Citizens of Dublin:"

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

Beer Act Amendment Bill.

Ordered, That the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to amend an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England," be received on Thursday next; and that the Lords be summoned.

Arbitration Bill.

The Earl of Shaftesbury (according to Order) reported the Amendment made by the Committee of the Whole House to the Bill, intituled, "An Act for settling Controversies by Arbitration."

And the said Amendment, being read Twice by the Clerk, was agreed to by the House.

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

Interpleader Bill.

The Earl of Shaftesbury (according to Order) reported the Amendment made by the Committee of the Whole House to the Bill, intituled, "An Act to enable Courts of Law to give Relief against adverse Claims made upon Persons having no Interest in the Subject of such Claims."

And the said Amendment, being read Twice by the Clerk, was agreed to by the House.

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

Candle Duties Repeal Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to repeal the Duties of Excise and Drawbacks on Candles."

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."

Receivers of Taxes Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for transferring the Duties of Receivers General of the Land and Assessed Taxes to Persons executing the Offices of Inspectors of Taxes and for making other Provisions for the Receipt and Remittance of the said Taxes."

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."

Adjourn.

Comes Shaftesbury declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem instantis Augusti, horâ undecimâ Auroræ, Dominis sic decernentibus.