House of Lords Journal Volume 64: 26 March 1832

Die Lunæ, 26° Martii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rhodes v. De Beauvoir.

After hearing Counsel further in the Cause wherein William Rhodes is Appellant, and Richard Benyon De Beauvoir is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Friday next.

Bp. Kilmore takes the Oaths.

This Day George Delapoer Lord Bishop of Kilmore took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Berwick Roads Bill:

Hodie3^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road leading from Berwick-upon-Tweed, by Ayton Bridge and Ayton, to Dunglas Bridge, and the Roads from Billie Causeway and Preston Bridge to join the said Road at or near Houndwood House and Bankhouse respectively, in the County of Berwick."

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 Mr. Cross and Mr. Trower;

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

British Commercial Insurance Co's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable The British Commercial Insurance Company to sue and be sued in the Name of One of the Directors or of the Secretary for the Time being of the Company."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

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.

Clarence Railway Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to alter, amend, enlarge and extend the Powers of several Acts passed in the Ninth and Tenth Years of the Reign of His late Majesty King George the Fourth, for making and maintaining the Clarence Railway."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

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

King's et al. Petition referred to Judges.

Upon reading the Petition of John King of Knighton, in the County of Leicester, Esquire; Samuel Miles of Narborough, in the same County, Esquire; and Matilda Hanwell Peake of Sutton Coldfield, in the County of Warwick, Widow, (on behalf of themselves, and also as Guardians and on behalf of George Peake, John Peake and Matilda Peake, the Three Infant Children of The Reverend George Peake deceased, late Vicar of Aston juxta Birmingham, in the said County of Warwick;) praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Bayley and Mr. Baron Gurney, 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.

Zemindar of Nozeed Bill, Message to H.C. for Evidence, &c on which they passed the Bill.

Ordered, That a Message be sent to the House of Commons, to request that they will be pleased to communicate to this House Copies of the Minutes of Evidence, Documents and Papers upon which they passed the Bill, intituled, "An Act for providing for the Discharge of a Claim in respect of Monies advanced by the late James Hodges Esquire on Security of the Lands of the late Zemindar of Nozeed and Mustaphanagur, in the District of Fort Saint George, in the East Indies, now under the Government of The Honorable the East India Company."

Beck to enter into a Recogce on Hay's et al 2 Appeals.

The House being moved, "That Simon Adams Beck of Lothbury, in the City of London, Gentleman, may be permitted to enter into a Recognizance for John Hay, and others, on account of their Two Appeals depending in this House, they residing in Scotland:"

The same was agreed to; and Ordered accordingly.

The Corporation of Dublin v. The Attorney General for Ireland et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein The Corporation of the City of Dublin and The Reverend William Henry Archer are Appellants, and His Majesty's Attorney General for Ireland, and others, 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.

Mansfield, &c. Roads Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing and improving the Road leading from the Alfreton Turnpike Road near Mansfield, through Tibshelf and Morton, to the Nottingham Turnpike Road near Tansley, and other Roads connected therewith, in the Counties of Nottingham and Denby," 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."

London Bridge Approaches 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 to amend several Acts relating to London Bridge and the Approaches thereto," 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 made several Amendments thereto."

Which Amendments were read by the Clerk as follow; (vizt.)

"Pr. 8. L. 29. After ("aforesaid") insert Clause A.

"Clause A. And be it further enacted, That if it shall be found necessary to take the Rectory House of the United Parishes of St. Mary, Woolnoth, and St. Mary, Woolchurch Haw, for the Purposes of the said recited Acts and this Act, the same shall and may be purchased, taken and used accordingly, in like Manner, and upon the like Terms of providing a new Parsonage House or Site in lieu thereof, and upon the like other Conditions, and with the like Powers and Provisions in respect of the same, as are in the said recited Act of the Tenth Year of the Reign of His late Majesty King George the Fourth contained with respect to the Parsonage House of St. Michael, Crooked Lane, which has been purchased and used for the Purposes of the said recited Acts."

"Pr. 15. L. 36. After ("whereon") insert ("the Residue of")

"Pr. 19. L. 9. After ("and") insert ("also as an")

"In the Schedule to the Bill:

"Pr. 25. Lines 6, 7, 8, 9, 10, 11, 12 & 13. In the Second Column leave out ("Part of the Church Yard of the United Parishes of St. Mary, Woolnoth, and St. Mary, Woolchurch Haw")

"Lines 35, 36, pent & ult. Leave out

And the said Amendments, being read a Second Time, were agreed to by the House.

Newdegate et al. v. Newdigate.

Upon reading the Petition and Appeal of Charles Newdigate Newdegate, Charles Newdegate an Infant, by the said Charles Newdigate Newdegate his Father and next Friend, and Edward Miller Mundy; complaining of a Decree of the Court of Chancery, of the 25th Day of November 1826, in as much as such Decree did not give to the Petitioners the whole of the Relief prayed by their said Bill, and, in particular, that the Construction put upon the Will of the said Testator by the said Decree was incorrect; and which Decree was duly inrolled on the 26th Day of March 1832; and also of an Order of the said Court, of the 31st January 1832, because if the Construction put upon the said Will of the said Testator by the said Decree was correct, still no Part of the Petitioners said Bill ought to have been dismissed, or, if dismissed, such Dismissal ought to have been without Prejudice to their filing any new Bill; and praying, "That the said Decree, and subsequent Order, may be reversed, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Francis Newdigate may be required to answer the said Appeal:"

It is Ordered, That the said Francis Newdigate may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 9th Day of April next; and Service of this Order upon the Solicitor or Clerk in Court of the said Respondent shall be deemed good Service.

Reade Pedigree, Return respecting, delivered.

The House being informed, "That Mr. Young, from the Heralds College, attended;"

He was called in; and delivered at the Bar,

"A Return to an Order of the 16th of this instant March, directing, That there be laid before this House, A Copy of the Proceedings of the Chapter of the College of Arms, London, of the 30th April 1810, relative to the Read Pedigree; also, A Copy of the Proceedings of the Chapter of the said College, of the 2d June 1811, and of all Documents therein entered, relative to the Claims of Rear Admiral Sir Chichester Fortescue Knt. Ulster King of Arms, and also of those relative to the Read Pedigree; also, Copies of the Proceedings of the Chapter of the said College, of the 13th June 1813, 3d July 1813 and 6th June 1813, relative to the Read Pedigree; and also, A Copy of a Letter from Sir William Betham, Deputy Ulster King of Arms, to George Nayler Esq. York Herald, dated 31st March 1814, relative to the Read Pedigree, and to the Entries in the Baronets Book of the said College, and of all other Correspondence which was laid before the Chapter of the said College or remains among their Papers, relative to the Matter of Read."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Ordered, That the said Return be printed.

Five Oaks Road Bill, Petition against, referred to the Com ee:

Upon reading the Petition of the Land Owners, Occupiers and other Inhabitants in the several Parishes of Slinfold and Itchingfield, in the County of Sussex, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for more effectually repairing and maintaining the Turnpike Road from or near a Place called The Five Oaks, in the Parish of Billingshurst, to join the Horsham and Guildford Turnpike Road on Broadbridge Heath, in the County of Sussex;" and praying their Lordships, That they may be heard by their Agents, Counsel and Witnesses against the same, and that the said Bill may not pass into a Law as it now stands, but that a lower Rate of Toll may be payable at the Gate erected on the old Road between Slinfold and Itchingfield and Horsham, which will not be injurious to the Trustees as regards the Public, who have the Benefit of the Communication opened by travelling the whole Line, in as much as at such Second Gate erected on the new Part the Remainder of a full Toll may be collected:"

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 Agents, Counsel and Witnesses 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 last-mentioned 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 Petition against, referred to the Com ee.

Upon reading the Petition of the Inhabitants, Land Owners and Occupiers of the Town and in the Parish of Horsham, in the County of Sussex, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That they may be heard by their Agents, Counsel and Witnesses against the same, and that the said Bill, as it now stands, may not pass into a Law, but that a lower Rate of Toll, proportionate to the Distance of the old Road between Horsham and Itching field, and the Expence laid out thereupon by the Trustees, may be payable at any Gate erected or to be erected on such Portion of the Road:"

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 Agents, Counsel, and Witnesses against the same, as desired.

Tithes, (Ireland,) Petition from Crossmolina for Abolition of, & Repeal of the Vestry Act, Ireland.

Upon reading the Petition of the Inhabitants of the Town and Parish of Crossmolina, in the County of Mayo, whose Names are thereunto subscribed; praying their Lordships "to take into their Consideration the Expediency of abolishing Tithe in Ireland, and of repealing the obnoxious Vestry Act, Ireland:"

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

Education (Ireland,) Petition of Clergy of Diocese of Cork against proposed Plan.

Upon reading the Petition of the Clergymen of the Diocese and County of Cork, whose Names are thereunto subscribed; praying, "That their Lordships will take the Plan of Education of the Poor of Ireland proposed by His Majesty's Ministers into their Consideration, and employ all their Influence and Weight that a System of Education so unscriptural and prejudicial, alike injurious to the Interests of the Established Church, of sound Protestantism and the Moral and Spiritual Welfare of the Irish Peasantry, shall not be attempted to be carried into Effect; but that all the Aid of a Public Nature that has hitherto been granted by the Country shall continue to flow through the usual Channel of the Educational Societies,-those of the Association for discountenancing Vice, and the Society for promoting the Education of the Poor of Ireland:"

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

Report of Visiting Magistrates of Winchester Gaol, Address for.

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 Copy of the Report made by the visiting Magistrates of the Gaol and Bridewell at Winchester at the Epiphany Sessions of the present Year, and ordered by the Magistrates then present to be transmitted to His Majesty's Secretary of State for the Home Department."

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

Reform (England) Bill.

A Message was brought from the House of Commons, by Lord John Russell and others;

With a Bill, intituled, "An Act to amend the Representation of the People in England and Wales;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Thursday the 5th of April next.

Caversham Inclosure Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing Lands in the Parish of Caversham, in the County of Oxford," 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."

Islington Church Rates Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to equalize the Ecclesiastical Burthens of the Parish of Saint Mary, Islington, in the County of Middlesex; for partially altering the Application of the Rents and Profits of the Stone Fields Estate within the said Parish; for letting the Pews in the Parish Church of Saint Mary, Islington, and the Chapel of Ease thereto; and for other Purposes connected therewith," was committed; "That they had considered the said Bill, and examined the Allegations therof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto."

Which Amendments were read by the Clerk as follow; (vizt.)

"Pr. 3. L. 11. Leave out ("last-mentioned") and in the same Line after ("Acts") insert ("for building and promoting the building of additional Churches")

"Pr. 4. L. 25. Leave out from ("be") to ("extended") in Line 27.

"Pr. 7. L. 29. After ("made") insert ("of") and in the same Line leave out ("subsisting of") and insert ("charged upon")

"L. 37. After ("Act") insert ("or any Act thereby repealed")

"Pr. 10. L. 19. After the Second ("Time") insert ("as and when they shall become due and be received")

"Pr. 13. L. 1. After ("severally") insert ("from Time to Time and at all Times hereafter")

"L. 23. Leave out from ("Poor") to ("Provided") in Press 14, Line 25, and insert ("for any Period determining at Lady Day or Michaelmas Day next after such Letting, and so on from Lady Day to Michaelmas Day, or from Michaelmas Day to Lady Day, or from any intermediate Day at which the same shall again be let to the then next Lady Day or Michaelmas Day, and so on from Time to Time, to such Persons as shall be Inhabitants within the said District of St. Mary's, according to the List or Scale of Pew Rents herein-after mentioned: Provided always, that all such Pews or Seats as shall not be taken at the Rent respectively fixed thereon, within Twenty-eight Days next after Public Notice in the said Parish Church and Chapel of Ease respectively of the letting of the said Pews and Seats under or by virtue of this Act, or which, after having been let, shall remain vacant for Fourteen Days after the Expiration of such Letting, shall or may be let to any Inhabitant of any adjoining District or Parish, at the Rent respectively fixed upon such Pews or Seats, for any Period determining as aforesaid, and so on as aforesaid, but so that, at the Expiration of every such Period at the Lady Day or Michaelmas Day then next, such last-mentioned Pews or Seats shall be inserted in a List of vacant Pews or Seats for Fourteen Days next before such Lady Day or Michaelmas Day, and shall or may, during such Period of Fourteen Days, be taken in preference by the Inhabitants of the said District of St. Mary's, in manner above mentioned; and all such Pews or Seats as may not be so taken by any Inhabitant of St. Mary's within such Period of Fourteen Days shall or may again be let, and so on from Time to Time, to any Inhabitant of any adjoining District or Parish, in manner aforesaid")

"Pr. 20. L. 36. Leave out from ("the") to ("And") in Line 37, and insert ("Day on which this Act shall come into Operation")

"Pr. 23. L. 20. Leave out the Second ("and")

"L. 21. After ("enforced") insert ("and applied")

"At the End of the Bill insert Clause A.

"Clause A. And be it further enacted, That this Act shall commence and take effect upon Easter Tuesday after the passing thereof, except as to any Matters or Things in relation to which any prior Day or Time is herein-before mentioned."

And the said Amendments, being read a Second Time, were agreed to by the House.

Common Law Courts Process Bill.

Ordered, That the Bill, intituled, "An Act for Uniformity of Process in Personal Actions in His Majesty's Courts of Law at Westminster," be read a Second Time To-morrow.

Agricultural Labourers Employment Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act for encouraging and facilitating the Employment of Labourers in Agriculture;" and for the Lords 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 Bill, as amended, be printed.

Juries (Ireland) Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for consolidating and amending the Laws relative to Jurors and Juries in Ireland;" and for the Lords to be summoned;

Ordered, That the House be put into a Committee upon the said Bill on Tuesday the 3d of April next; and that the Lords be summoned.

Annual Trade & Navigation Accounts delivered.

The House being informed, "That Mr. Irving, Inspector General of the Imports and Exports of Great Britain, attended;"

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

"An Account of the Value of the Imports into and of the Exports from the United Kingdom of Great Britain and Ireland during each of the Three Years ending the 5th January 1832, calculated at the Official Rates of Valuation, and distinguishing the Amount of the Produce and Manufactures of the United Kingdom exported, from the Value of Foreign and Colonial Merchandize exported; also, stating the Amount of the Produce and Manufactures of the United Kingdom exported therefrom, according to the Real or Declared Value thereof:"

Also, "An Account of the Value of the Imports into and of the Exports from Great Britain during each of the Three Years ending the 5th January 1832, calculated at the Official Rates of Valuation, and stated exclusive of the Trade with Ireland; distinguishing the Amount of the Produce and Manufactures of the United Kingdom exported, from the Value of Foreign and Colonial Merchandize exported; also, stating the Amount of the Produce and Manufactures of the United Kingdom exported from Great Britain, according to the Real or Declared Value thereof:"

Also, "An Account of the Value of all Imports into and of all Exports from Ireland during each of the Three Years ending 5th January 1832, calculated at the Official Rates of Valuation, and stated exclusively of the Trade with Great Britain; distinguishing the Amount of the Produce and Manufactures of the United Kingdom exported, from the Value of Foreign and Colonial Merchandize exported; also, stating the Amount of the Produce and Manufactures of the United Kingdom exported from Ireland, according to the Real or Declared Value thereof:"

Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, that were built and registered in the several Ports of the British Empire in the Years ending 5th January 1830, 1831 and 1832 respectively:"

Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys usually employed in navigating the same, that belonged to the several Ports of the British Empire on the 31st December 1829, 1830 and 1831 respectively:"

Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys employed in navigating the same, (including their repeated Voyages,) that entered Inwards and cleared Outwards at the several Ports of the United Kingdom, from and to Foreign Parts, during each of the Three Years ending 5th January 1832:"

Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, that were built and registered in the several Ports of the British Empire (except Ireland) in the Years ending 5th January 1830, 1831 and 1832 respectively:"

Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys usually employed in navigating the same, that belonged to the several Ports of the British Empire (except Ireland) on the 31st December 1829, 1830 and 1831 respectively:"

Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys employed in navigating the same, (including their repeated Voyages,) that entered Inwards and cleared Outwards at the several Ports of Great Britain, from and to all Parts of the World, during each of the Three Years ending 5th January 1832; also, shewing the Number and Tonnage of Shipping entered Inwards and cleared Outwards during the same Period (exclusive of the Intercourse with Ireland:)"

Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, that were built and registered in the several Ports of Ireland in the Years ending 5th January 1830, 1831 and 1832 respectively:"

Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys usually employed in navigating the same, that belonged to the several Ports of Ireland on the 31st December 1829, 1830 and 1831 respectively:"

And also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys employed in navigating the same, (including their repeated Voyages,) that entered Inwards and cleared Outwards at the several Ports of Ireland, from and to all Parts of the World, during each of the Three Years ending 5th January 1832: also, shewing the Number and Tonnage of Shipping entered Inwards and cleared Outwards during the same Period (exclusive of the Intercourse with Great Britain.)"

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum septimum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.