House of Lords Journal Volume 64: 1 August 1832

Die Mercurii, 1° Augusti 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, The Lord Chancellor in the Middle, with The Duke of Richmond on his Right Hand, and The Earl of Shaftesbury on his Left; commanded the Yeoman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

Then the said Commission was read by the Clerk as follows; (vizt.)

"WILLIAM R.

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas in Our said Parliament divers and sundry Acts have been agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act to prevent the Application of Corporate Property to the Purposes of Election of Members to serve in Parliament:" "An Act for shortening the Time of Prescription in certain Cases:" "An Act for regulating Schools of Anatomy:" "An Act to permit the Distillation of Spirits from Mangel Wurzel:" "An Act to amend Two Acts, of the Seventh Year of the Reign of His late Majesty King George the Fourth, and in the First and Second Years of the Reign of His present Majesty, for the uniform Valuation of Lands and Tenements in the several Baronies, Parishes and other Divisions of Counties in Ireland:" "An Act for the better Regulation of the Linen and Hempen Manufactures of Ireland:" "An Act to continue for One Year, and from thence to the End of the then next Session of Parliament, several Acts relating to the Importation and keeping of Arms and Gunpowder in Ireland:" "An Act to extend the Provisions of an Act of the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, relative to Remedies against the Hundred:" "An Act to continue certain Acts relating to the Island of Newfoundland, and to provide for the Appropriation of all Duties which may hereafter be raised within the said Island:" "An Act to continue, until the Thirty-first Day of December One thousand eight hundred and thirty-four, an Act of the Fifth Year of His late Majesty, relating to the Fisheries in Newfoundland:" "An Act to defray the Charge of the Pay, Clothing, and contingent and other Expences of the Disembodied Militia in Great Britain and Ireland; and to grant Allowances, in certain Cases, to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates and Serjeant Majors of the Militia, until the First Day of July One thousand eight hundred and thirty-three:" "An Act for vesting the Estates in the County of Sussex devised by a Codicil to the Will of The Right Honourable Peter late Lord Gwydir deceased, in Trustees, upon Trust to sell the same, and for laying out the Residue of the Monies arising from such Sale, after Payment thereout of a Charge affecting the same Estates, in the Purchase of other Estates, to be settled to the same Uses:" "An Act for dividing, allotting and inclosing certain open Common Salt Marshes in the Township of Walpole, in the County of Norfolk:" "An Act for naturalizing Edward Patzeker." And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; And for as much as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the accustomed Place for giving Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; Commanding also by these Presents Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Our Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain, to seal these Our Letters Patent with Our Great Seal of Our United Kingdom of Great Britain and Ireland; and also commanding Our most dear Brothers and faithful Councillors Ernest Duke of Cumberland, Augustus Duke of Sussex, Adolphus Duke of Cambridge; Our most dear Cousin and faithful Councillor William Frederick Duke of Gloucester; The Most Reverend Father in God and Our faithful Councillor William Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain; Our most dear Cousin and Councillor Henry Marquess of Lansdowne, President of Our Council; Our well-beloved and faithful Councillor John George Lord Durham, Keeper of Our Privy Seal; Our most dear Cousins and Councillors William Spencer Duke of Devonshire, Chamberlain of Our Household; Charles Duke of Richmond, George William Frederick Duke of Leeds, William Henry Duke of Portland, Arthur Duke of Wellington, Richard Duke of Buckingham and Chandos, Richard Marquess Wellesley, Steward of Our Household; Charles Marquess of Winchester, John Jeffreys Marquess Camden, Henry William Marquess of Anglesey, John Earl of Westmorland, George Earl of Carlisle, Cropley Ashley Earl of Shaftesbury, George Earl of Aberdeen, William Earl Fitzwilliam, George John Earl Spencer, John Earl of Chatham, Henry Earl Bathurst, Charles Earl Grey, John Earl of Eldon, John William Earl of Dudley, William Viscount Melbourne, Robert Viscount Melville, Henry Viscount Sidmouth, Frederick John Viscount Goderich; Our well-beloved and faithful Councillors Henry Richard Lord Holland, William Wyndham Lord Grenville, Edward Lord Ellenborough, Nicholas Lord Bexley, John Singleton Lord Lyndhurst and Charles Lord Tenterden, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite and hath been accustomed for the same, and also to enrol these Our Letters Patent, and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted and admitted good, sufficient and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding. In Witness whereof We have caused these Our Letters to be made Patent.

"Witness Ourself at Westminster, the First Day of August, in the Third Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Bathurst."

Then The Lord Chancellor said,

"In obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

Then the Deputy Clerk of the Crown, at the Table, read the Titles of the Bills to be passed, severally, as follow; (vizt.)

1. "An Act to prevent the Application of Corporate Property to the Purposes of Election of Members to serve in Parliament."

2. "An Act for shortening the Time of Prescription in certain Cases."

3. "An Act for regulating Schools of Anatomy."

4. "An Act to permit the Distillation of Spirits from Mangel Wurzel."

5. "An Act to amend Two Acts, of the Seventh Year of the Reign of His late Majesty King George the Fourth, and in the First and Second Years of the Reign of His present Majesty, for the uniform Valuation of Lands and Tenements in the several Baronies, Parishes and other Divisions of Counties in Ireland."

6. "An Act for the better Regulation of the Linen and Hempen Manufactures of Ireland."

7. "An Act to continue for One Year, and from thence to the End of the then next Session of Parliament, several Acts relating to the Importation and keeping of Arms and Gunpowder in Ireland."

8. "An Act to extend the Provisions of an Act of the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, relative to Remedies against the Hundred."

9. "An Act to continue certain Acts relating to the Island of Newfoundland, and to provide for the Appropriation of all Duties which may hereafter be raised within the said Island."

10. "An Act to continue, until the Thirty-first Day of December One thousand eight hundred and thirtyfour, an Act of the Fifth Year of His late Majesty, relating to the Fisheries in Newfoundland,"

11. "An Act to defray the Charge of the Pay, Clothing, and contingent and other Expences of the Disembodied Militia in Great Britain and Ireland; and to grant Allowances, in certain Cases, to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates and Serjeant Majors of the Militia, until the First Day of July One thousand eight hundred and thirty-three."

To these Bills the Royal Assent was pronounced, severally, by the Additional Clerk Assistant, in these Words; (vizt.)

"Le Roy le veult."

12. "An Act for vesting the Estates in the County of Sussex devised by a Codicil to the Will of The Right Honourable Peter late Lord Gwydir deceased, in Trustees, upon Trust to sell the same, and for laying out the Residue of the Monies arising from such Sale, after Payment thereout of a Charge affecting the same Estates, in the Purchase of other Estates, to be settled to the same Uses."

13. "An Act for dividing, allotting and inclosing certain open Common Salt Marshes in the Township of Walpole, in the County of Norfolk."

14. "An Act for naturalizing Edward Patzeker."

To these Bills the Royal Assent was pronounced, severally, by the Additional Clerk Assistant, in these Words; (vizt.)

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Taxed Carts Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to reduce the Duties now payable in certain Cases on Carriages with less than Four Wheels;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Prisoners Removal (Ireland) Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to authorize for One Year the Removal of Prisoners from the several Gaols in Ireland, in Cases of epidemic Diseases;"

The said Bill was accordingly read the Third Time.

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 2 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.

Forgery Bill.

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

With a Bill, intituled, "An Act for abolishing the Punishment of Death in Cases of Forgery;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Dublin Coal Meters Bill.

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

With a Bill, intituled, "An Act to authorize the Commissioners of His Majesty's Treasury to grant Compensation to the Inspectors and Coal Meters of the City of Dublin; and to impose a Rate upon Coals imported into the Port of Dublin to provide a Fund for such Compensation;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Admission of Freemen (Ireland) Bill.

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

With a Bill, intituled, "An Act to explain Doubts that have arisen respecting the Stamp Duty payable by Freemen of Corporations entitled by virtue of Trade and Residence in the Corporate Towns and Counties of Cities and Towns in Ireland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Vist Lorton, & King, v. E. of Kingston et al. et e con. Petition of a Respondent for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of George Earl of Kingston, One of the Respondents in a Cause depending in this House, to which Robert Edward Viscount Lorton and The Honorable Robert King are Appellants, et e contra; praying, "That their Lordships will be pleased to grant him Time to lay his printed Case in the Original Appeal on the Table of this House, until Friday the 21st Day of September next (the Day allowed by their Lordships Standing Order for laying the Petitioner's printed Case in the Cross Appeal on their Lordships Table as aforesaid:)"

It is Ordered, That the said Petition be referred to the Appeal Committee.

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

Bankrupt Laws Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend the Laws relating to Bankrupts."

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 Tuesday next.

Boundaries (Ireland) 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 settle and describe the Limits of Cities, Towns and Boroughs in Ireland, in so far as respects the Election of Members to serve in Parliament."

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

"In the Schedule annexed to the Bill:

"Pr. 10. L. 28. In the Second Column leave out ("North") and insert ("East")

"Pr. 16. L. 29. In the Second Column after ("described") insert ("also beyond the Lagan, the Townland of Ballymacarrett")

"Pr. 23. L. 22. Leave out ("Bonlic") and insert ("Bonlie")

"L. 27. Leave out ("Bonlic") and insert ("Bonlie")

"L. 28. Leave out ("Bonlic") and insert ("Bonlie")

"L. 29. Leave out from ("about") to ("Yards") in Line 31, and insert ("Six hundred and forty-four")

Then the Two first Amendments made by the Committee to the said Bill, being read a Second Time, were, severally, agreed to by the House.

Then the following Amendments were made by the House to the said Bill:

In the Schedule annexed to the Bill:

Pr. 18. L. 15. In the Second Column leave out ("K.")

L. 24. In the Second Column leave out ("M.")

L. 28. In the Second Column leave out ("O.")

The rest of the Amendments made by the Committee to the said Bill, being read a Second Time, were, severally, agreed to by the House.

Order for 3 a.

Ordered, That the said Bill be read the Third Time To-morrow; and that the Lords be summoned.

Russian Dutch Loan Bill passed:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to enable His Majesty to carry into Effect a Convention made between His said Majesty and The Emperor of all the Russias;"

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

Which being objected to;

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was read the Third Time.

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

It was resolved in the Affirmative.

Protest thereupon:

"DISSENTIENT:

"1st.-Because, admitting that the Payment made by His Majesty's Government, subsequently to the Possession and Sovereignty of the Belgick Provinces having passed away and been severed from the Dominions of His Majesty The King of the Netherlands, might have been justified by a liberal Construction of the Treaty, and by the Circumstances under which the Separation was effected, we are of Opinion that such Payment was not warranted by the Act of the 55th of George 3d, Ch. 115, and was consequently illegal; and we think that the Proposal of any Legislative Measure to authorize future Payments, ought to have been preceded by the Introduction of a Bill of Indemnity for such Violation of the Law.

"2d.-Because we cannot but regard the Convention entered into by His Majesty and The Emperor of Russia, on the 16th of November 1831, and the Principles on which that Convention is founded, as forming Part of a new System of Policy by which the Relations of Great Britain with Holland and Belgium are hereafter to be regulated; and we think it premature, and unfair, to call upon the House for a Vote which, by Implication, may be construed to sanction the Adoption of a System not yet explained to us, and to approve the Course of a Negociation not yet terminated; more especially, as we are still ignorant in what Degree the Independence and essential Interests of one of the most intimate and valued Allies of this Country may be affected by the Result.

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.

Ecclesiastical Corporation Lands Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act to authorize the identifying of Lands and other Possessions of certain Ecclesiastical and Collegiate Corporations."

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.

Customs Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend the Laws relating to the Customs."

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."

Order for 3 a.

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

Post Roads (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend an Act of the Forty-fifth Year of His Majesty King George the Third, relating to Post Roads in Ireland."

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."

Order for 3 a.

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

Registry of Deeds (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to regulate the Office for registering Deeds, Conveyances and Wills in Ireland."

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."

Order for 3 a.

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

Charitable Institutions (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to make a better Provision for the Superintendence of Charitable Institutions in Ireland maintained in the Whole or in Part by Grand Jury Presentments; and for the more effectual Audit of the Accounts of the same."

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."

Order for 3 a.

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

Tithes & Church Rates, (Ireland,) Petition from Tallow, &c. for Abolition of.

Upon reading the Petition of the Inhabitants of Tallow Lismore and Cappoquin, in the County of Waterford, whose Names are thereunto subscribed; praying their Lordships "for the speedy and total Extinction of Tithes and Church Rates in Ireland; and that their Lordships will adopt, with respect to Compensation to the existing Protestant Clergy, such a Course as may protect existing Interests without bringing the Established Church into Collision with the People, an Event which the Petitioners believe will not only perpetuate Heart-burnings, Jealousy and Ill-will, but will tend to shake the whole Framework of Society in Ireland, this ill-fated Portion of the Empire:"

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

Adjourn.

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