House of Lords Journal Volume 64: 6 August 1832

Die Lunæ, 6° Augusti 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Ferrier v. The Trustees of Wood, et al.

The Answer of William Mowbray Esquire, and others, Trustees of the deceased Peter Wood Esquire, Merchant in Leith; and of Mrs. Rachel Thomson M 'Kerras otherwise Veitch, Relict of John Veitch Esquire, of Olive Bank, to the Petition and Appeal of Charles Ferrier, Accountant in Edinburgh, Trustee of John White, was this Day brought in.

Public Accounts (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for transferring the Powers and Duties of the Commissioners of Public Accounts in Ireland to the Commissioners for auditing the Public Accounts of Great Britain."

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.

Robertson to enter into a Recogce on Ferrier's Appeal.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Charles Ferrier, on account of his Appeal depending in this House, he being resident in Scotland:"

The same was agreed to; and Ordered accordingly.

Miller v. E. of Glasgow et al.

Upon reading the Petition and Appeal of Andrew Miller, Writer in Paisley, Collector of an Assessment imposed on the Heritors of the Parish of Neilston by the Presbytery of Paisley; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 5th Day of July 1830; and also of Three Interlocutors of the Lords of Session there, of the Second Division, Two of the 1st Day of February 1831, and One of the 4th Day of March 1831; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that The Right Honorable George Earl of Glasgow, Archibald Speirs Esquire, of Elderslie; Colonel William Mure of Caldwell; Colonel Robert Fulton of Hartfield; Henry Dunlop of Arthurlie; William Lowndes of Arthurlie; William Craig of Kirkton; James Wylie of Carsewell; Hugh Stewart of Carsewell; John Gemmell of Holehouse; Captain Mathew Anderson of Broadlee; Mrs. Janet Wood, Spouse of Captain Peter Montgomery of Kirkstyle, and her said Husband for his Interest; Andrew Young of Snyps; John Cuthbertson of Carsewell; John Cuthbertson of Lyoncross; William Craig of Kirkhill, and John Robertson of Aldmuir, may be required to answer the said Appeal:"

It is Ordered, That the said George Earl of Glasgow, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 3d Day of September next; and Service of this Order upon the said Respondents, or upon any one of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Attwood et al. v. Kinnear & Co.

Upon reading the Petition and Appeal of Matthias Attwood Esquire, of Gracechurch Street, London, Banker and Member of Parliament; Thomas Hamlet Esquire, of Cavendish Square, London; John Jones Esquire, of Harley Street, Cavendish Square, London; Samuel Eustace Magan Esquire, Merchant, Austin Friars, London; Charles Pearson Esquire, of Greenwich, in the County of Kent; Edward Stewart junior, Esquire, Merchant, Broad Street, London; George Whittaker Esquire, Merchant, Ave Maria Lane, London; John Wilkin Esquire, of Spring Gardens, London; Jacob George Wrench Esquire, Lower Thames Street, London, Merchant; William Thompson Esquire, of Upper Thames Street, London, Merchant and Member of Parliament, all presently or lately Directors of the British Gas Light Company, carrying on Business in Number 11, George Yard, Lombard Street, London, being also presently or lately Partners of the said Company, and specially appointed to direct, manage and carry on the whole Business and Concerns thereof; and William Campbell, Writer to the Signet, and James Ogilvie Mack, Solicitor in the Supreme Courts of Scotland, their Mandatories; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 12th of November 1831; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 11th of July 1832; and praying, "That the same may be reversed, varied, altered or amended, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Thomas Kinnear and Sons as a Company, and Thomas Kinnear, George Kinnear and I. G. Kinnear, the Individual Partners of the said Firm or Company, may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Kinnear and Sons, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 3d Day of September next; and Service of this Order upon the said Respondents, or upon any one of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

28th Report of Comrs of the Caledonian Canal delivered.

The Earl of Shaftesbury laid before the House, pursuant to the Directions of an Act of Parliament,

"The Twenty-eighth Report of the Commissioners for making and maintaining the Caledonian Canal."

And the Title thereof being read by the Clerk;

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

Half Pay Receipt Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable the Officers in His Majesty's Army, and their Representatives, and the Widows of Officers, and Persons on the Compassionate List, and also Civil Officers on Retired or Superannuation Allowances payable by the Paymaster General of His Majesty's Forces, to draw for and receive their Half Pay and Allowances."

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."

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

Pr. 11. L. 16. Leave out ("Assistant")

L. 19. Leave out ("Assistant")

Order for 3 a.

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

Soldiers Families Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to repeal several Acts for enabling the Wives and Families of Soldiers, and the Widows and Families of deceased Soldiers, to return to their Homes."

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.

Sugar Duties Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to His Majesty, until the Fifth Day of April One thousand eight hundred and thirty-three, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty-two."

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.

Tithes, (Ireland,) Petition from Tacumshane for Abolition of.

Upon reading the Petition of the Inhabitants of the Parish of Tacumshane, in the County of Wexford, whose Names are thereunto subscribed; praying their Lordships "not to pass any Law enforcing the Payment of Tithes, whereby the many are compelled to extravagantly support the Clergy of the few; and to repeal all Laws connected with the same:"

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

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Exchequer Bills Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising the Sum of Thirteen millions eight hundred and ninety-six thousand six hundred Pounds by Exchequer Bills, for the Service of the Year One thousand eight hundred and thirty-two."

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.

Mills & Factories, Petitions from the Minories & Halifax for regulating Hours of Labour in.

Upon reading the Petition of the Inhabitants of the Minories and the Neighbourhood, whose Names are thereunto subscribed; praying their Lordships "to restrict the actual working of Children in all the Mills and Factories of the United Kingdom to Ten Hours per Day for Five Days, and Eight on the remaining Day; and to prevent any Child under Nine Years of Age being worked in any Factory or Mill:"

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

Upon reading the Petition of the Inhabitants of the Town and Parish of Halifax, in the County of York, whose Names are thereunto subscribed; praying their Lordships "to pass a Bill limiting the Hours of Labour of young Children in Factories of the United Kingdom to Ten Hours per Day for Five Days, and Eight Hours on Saturdays; also to prevent any Child under Nine Years of Age being worked therein; and to enforce the keeping of a Time Book:"

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

Education, (Ireland,) Petition of Synod of Argyll against proposed Plan.

Upon reading the Petition of the Ministers and Elders of the Provincial Synod of Argyll, in Synod assembled; praying their Lordships "to refuse their Support to the System of Education adopted by His Majesty's Ministers in regard to Ireland, until ample Provision be made for the Religious Instruction of Protestants and others, by the Introduction of a Daily Bible Class in which the Sacred Scriptures are read, at the usual School Hours, in the Protestant authorized Version, without Note or Comment:"

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

12th Report of Church Comrs delivered.

The Lord Bishop of London laid before the House, pursuant to the Directors of an Act of Parliament,

"Twelfth Report of His Majesty's Commissioners for building new Churches."

And the Title thereof being read by the Clerk;

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

Ordered, That the said Report be printed.

The Lord's Day, Petition of Clergy of Huddersfield for better Observance of.

Upon reading the Petition of the Clergy of Huddersfield and its Vicinity, in the County of York, whose Names are thereunto subscribed; praying their Lordships "to provide an adequate Remedy for the increasing Profanation of the Lord's Day, which must in its direct and indirect Consequences provoke the Indignation of the Almighty; and, above all, that the Official Members of the Legislature will abstain from devoting that Day, as the Petitioners have lamented to hear has lately been the Case, to the Transaction of Public Business:"

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

Criminal Laws, Petitions for Alteration of:

(Kildare:)

Upon reading the Petition of the Inhabitants of Kildare and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "as well upon the Ground of Policy as of Adherence to every sacred Principle, that the Punishment of Death for Forgery may be abolished in all Parts of the United Kingdom; and that a Secondary Punishment be substituted suitable to the benign Spirit of the Christian Revelation:"

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

Athy:

Upon reading the Petition of the Inhabitants of Athy and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "on the Ground of Policy, as well as every sacred Principle, to substitute a Secondary Punishment for the Crime of Forgery, which may be the Means of suppressing that Crime, and commend itself to the Feelings of the Community:"

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

Cootehill:

Upon reading the Petition of the Inhabitants of Cootehill, in the County of Cavan, whose Names are thereunto subscribed; praying their Lordships "to pass a Law by which the Punishment of Death shall be abolished for all Offences against Property, and to substitute such Penalties as shall be commensurate to the Offence:"

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

Newtown Limivady:

Upon reading the Petition of the Residents of Newtown Limivady and the Neighbourhood, in the County of Londonderry, Ireland, whose Names are thereunto subscribed:

Rathangan:

And also, Upon reading the Petition of the Residents of Rathangan, County Kildare, and the Vicinity, whose Names are thereunto subscribed; severally praying their Lordships "to substitute a mitigated Punishment for all Cases of Forgery in the United Kingdom, which when uniformly enforced will much more effectually suppress Crime, and commend itself to the conscientious Feelings of the Community:"

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

Thornton Rusts:

Upon reading the Petition of the Inhabitants of the Township of Thornton Rusts, in the County of York, whose Names are thereunto subscribed; praying their Lordships "to substitute other Laws more equitable and efficacious against the Violations of the Rights of Property instead of those which enact the Forfeiture of Human Life:"

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

Members of the Leinster Circuit Bar.

Upon reading the Petition of the Members of the Leinster Circuit Bar, whose Names are thereunto subscribed; praying their Lordships "to substitute a Law which, when uniformly enforced, will much more effectually suppress the Crime of Forgery than the present sanguinary Enactments, commending itself at the same Time to the conscientious Feelings of the Community:"

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

Reform (Ireland) Bill.

The Order of the Day being read for taking into Consideration the Amendment made by the Commons to the Amendments made by this House to the Bill, intituled, "An Act to amend the Representation of the People of Ireland;" and for the Lords to be summoned;

The House accordingly proceeded to take the said Amendment into Consideration.

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

And, A Message was sent to the House of Commons, by Mr. Adam and Mr. Roupell, to acquaint them therewith.

Labourers Employment Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for the better Employment of Labourers in Agricultural Parishes until the Twenty-fifth Day of March One thousand eight hundred and thirty-four;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Message to H.C. with an Amendment to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with One Amendment, to which their Lordships desire their Concurrence.

Law of Debtor & Creditor, Petition of Debtors in King's Bench Prison respecting.

Upon reading the Petition of the Prisoners for Debt in the King's Bench Prison, whose Names are thereunto subscribed; praying their Lordships, "That in the Consideration of the important Question of Debtor and Creditor, about to be deliberated, the Law of Arrest for Debt may be abrogated, and a more humane Law substituted, or such other Provision made for the Protection of Debtor and Creditor as to their Lordships may seem meet:"

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

Sewers Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to amend the Laws relating to Sewers;"

Ordered, That the said Order be discharged.

Bills of Exchange Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for regulating the protesting for Non-payment of Bills of Exchange drawn payable at a Place not being the Place of the Residence of the Drawee or Drawees of the same;"

Ordered, That the said Order be discharged.

Stealing from the Person & Larceny, Accounts respecting, Ordered.

Ordered, That there be laid before this House, "An Account of the Number of Commitments for stealing from the Person, during the Years 1805, 1806 and 1807, in England and Wales:"

Also, "An Account of the Number of Commitments for stealing from the Person, during the Years 1809, 1810 and 1811, in England and Wales:"

And also, "An Account of the Number of Persons who, having before been convicted of Larceny, have been convicted of a Second Larceny, since the passing of the Statute subjecting such Persons to Transportation for Life, in England and Wales, and of the Sentences passed on such Persons."

Education, (Ireland,) Petitions from Newton & Rivington, &c. in favor of proposed Plan.

Upon reading the Petition of the Inhabitants of the Townships of Newton and Failsworth, with their Vicinity, in the Parish of Manchester and County of Lancaster, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Inhabitants of the Township of Rivington and its Vicinity, in the Parish of Bolton, in the County of Lancaster, whose Names are thereunto subscribed; severally praying their Lordships "to give every Facility that may be requisite to the Execution of the Plan for the Education of the Irish Peasantry which has been lately proposed by His Majesty's Ministers:"

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

Suitors Fund, Court of Chancery, Accounts respecting, Ordered.

Ordered, That there be laid before this House, "An Account of the Money that has been already accumulated from Interest on the Interest of the Money paid into the Court of Chancery, and which is now remaining in the Suitors Fund:"

Also, "An Account of the Interest that has been paid in each Year, for the last Three Years, on the Interest of Money now lodged in the Court of Chancery:"

And also, "An Account of the Amount of the existing Charges on these Funds."

Exports & Imports to & from Haiti, & Price of Sugar before & after Revolution in St. Domingo, Accounts of, Ordered.

Ordered, That there be laid before this House, "The Particulars of the Exports from this Country to Haiti, and of the Imports into this Country from Haiti, for Five Years, up to the latest Period to which the Account can be made up:"

And also, "An Account of the Price of Sugar for Three Years, before the Revolution in St. Domingo, and for Three Years subsequent to that Event."

Chancery Offices abolishing Bill.

Ordered, That the Bill, intituled, "An Act to abolish certain Sinecure Offices connected with the Court of Chancery," be read the Third Time To-morrow.

Adjourn.

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