House of Lords Journal Volume 63: 2 September 1831

Die Veneris, 2° Septembris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Leys & Co. v. Ld. Forbes et al.

After hearing Counsel fully in the Cause wherein Leys, Masson and Company are Appellants, and James Ochoncar Lord Forbes, and others, are Respondents:

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

Sir M. P. Stewart v. Porterfield.

After hearing Counsel, in Part, in the Cause wherein Sir Michael Porterfield Shaw Stewart Baronet is Appellant, and James Corbet Porterfield Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off 'till To-morrow, Eleven o'Clock.

The Burntisland Whale Fishing Co. et al. v. Trotter et al.

Ordered, That the Cause wherein The Burntisland Whale Fishing Company, and others, are Appellants, and William Trotter Esquire, and others, are Respondents, be heard by Counsel at the Bar on Tuesday next.

Cabbell et al. v. Brock.

Ordered, That the Cause wherein William Burridge Cabbell, and others, are Appellants, and James Brock is Respondent, be heard by Counsel at the Bar on Tuesday next.

Earl Stanhope's Estate Bill.

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

To return the Bill, intituled, "An Act to effect a Partition of certain Freehold, Copyhold or Customary and Leasehold Estates in the County of Lincoln, late the Property of The Right Honorable Sir Joseph Banks Baronet, deceased;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Land Tax Double Assessments Bill.

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

With a Bill, intituled, "An Act to explain and amend Two Acts of the Thirty-fourth and Thirty-eighth Years of His Majesty King George the Third, so far as the same relate to Double Assessments of the Land Tax;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Message from H.C. for Report on the Poor Laws:

A Message was brought from the House of Commons, by Mr. Sadler and others, as follows; (vizt.)

"My Lords,

"The Commons have directed me to request that your Lordships will be pleased to communicate to them a Copy of the Report and Minutes of Evidence taken before the Select Committee appointed by your Lordships, in the last Session, to consider of the Poor Laws."

And then they withdrew.

It was moved, "That a Copy of the said Report and Minutes of Evidence be communicated to the Commons, as desired."

The same was agreed to, and Ordered accordingly.

Report communicated.

The Messengers were again called in, and a Copy of the said Report and Minutes were delivered to them.

Magistrates struck out of the Commission in Ireld, Return of, 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 12th Day of August last,

A Return of the Names and Residences of all Magistrates who have been struck out of the Commission of the Peace in Ireland during the last Four Years, ending June 1831."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

M. of Bute's et al. Petition to change Reference to the Judges.

Upon reading the Petition of John Crichton Marquess of Bute and Earl of Dumfries, and others; praying, That their Lordships will be pleased to refer the Consideration of their Petition for a Private Bill, presented to the House on Wednesday last, to The Lord Chief Justice of the Court of Common Pleas and Mr. Justice Littledale, instead of The Lord Chief Justice of the Court of Common Pleas and Mr. Justice James Parke, the said Mr. Justice James Parke not having returned to Town since the Northern Circuit:"

It is Ordered, That the Consideration of the last-mentioned Petition be, and is hereby referred to The Lord Chief Justice of the Court of Common Pleas and Mr. Justice Littledale, 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.

Report from Com ee on M. of Ely'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 John Marquess of Ely of that Part of the United Kingdom called Ireland, and Baron Loftus of England; 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 John Marquess of Ely of that Part of the United Kingdom called Ireland, and Baron Loftus of England, 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 John Marquess of Ely of that Part of the United Kingdom called Ireland, and Baron Loftus of England, 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.

Contempts in Ecclesiastical Courts Bill presented.

The Lord Chancellor presented to the House a Bill, intituled, "An Act for enforcing the Process upon Contempts in the Courts Ecclesiastical of England and Ireland."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Galway Elective Franchise, Petition of Catholic Freemen of Galway for Extension of.

Upon reading the Petition of the Roman Catholic Freemen of Galway, whose Names are thereunto subscribed; praying, "That their Lordships will be graciously 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 Petition do lie on the Table.

Cape Wines, Petition of Merchants, &c. against proposed Duty on.

Upon reading the Petition of the Merchants, Ship Owners and others, engaged in the Trade to the Colony of the Cape of Good Hope, whose Names are thereunto subscribed; praying their Lordships "not to pass any Act by which a greater Duty than One Half the Duty payable on Foreign Wines shall be levied on Cape Wines subsequent to 1834; and further, that so long as discriminating Duties are imposed for the Protection of any other Classes of His Majesty's Subjects, either at Home or Abroad, the Colony of the Cape of Good Hope may not be excluded from the common Benefits of the same System by which the other Parts of the British Dominions are governed:"

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

Decrees in Equity Bill presented.

The Lord Plunket presented to the House a Bill, intituled, "An Act for the better Execution of Decrees and Orders made in the Courts of Chancery and Exchequer in England and Ireland respectively."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Sub-letting Act (Ireland) Amendment Bill reported:

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 repeal an Act passed in the Seventh Year of His late Majesty King George the Fourth, intituled, "An Act to amend the Law of Ireland respecting the Assignment and Subletting of Lands and Tenements;" and to substitute other Provisions in lieu thereof."

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.

Order for 3 a.

Ordered, That the said Bill be read the Third Time on Monday next.

Message to H.C. for Mr. O'Ferrall to attend Com ee on Baking Trade (Ireland) Bill.

Ordered, That a Message be sent to the House of Commons, to request that they will give Leave to Richard More O'Ferrall Esquire, a Member of that House, to attend their Lordships in order to his being examined as a Witness before the Select Committee appointed by this House to enquire into the Expediency or Inexpediency of the Regulations contained in the Bill, intituled, "An Act to regulate the Baking Trade in Ireland."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, tertium diem instantis Septembris, horâ undecimâ Auroræ, Dominis sic decernentibus.