House of Lords Journal Volume 63: 22 February 1831

Die Martis, 22° Februarii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Wynford sat Speaker by virtue of a former Commission.

Galbraith v. Galbraith.

After hearing Counsel further in the Cause wherein James Galbraith and John Galbraith are Appellants, and Richard Galbraith Esquire is Respondent:

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

Certificate of Amount of the Fee Fund, delivered, & referred to a Com ee.

The Lord Speaker acquainted the House, "That the Clerk Assistant had prepared, and laid upon the Table, A Certificate of the Amount of the General Fee Fund of the House of Lords, from the 12th Day of February 1830 to the 12th Day of February 1831, and of the Application thereof."

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

Ordered, That the said Certificate be referred to the Select Committee appointed to consider of the Proceedings had in Execution of the Measures recommended in the Reports of the Lords Committees upon the Office of Clerk of the Parliaments, in the Sessions 1824 and 1826.

Unclaimed Prize Money Account delivered.

The House being informed, "That Mr. Spicer, from Chelsea Hospital, attended;"

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

"The Account of the Deputy Treasurer of the Royal Hospital at Chelsea of unclaimed Prize Money from 18th January 1809 to 31st December 1830."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Further Revenue Accounts of The East India Co. delivered.

The House being informed, "That Mr. Danvers, from the Court of Directors of The East India Company, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of the 16th Day of December last,

"An Account of the Revenues and Charges of India in each of the Three Years ended 30th April 1828, 30th April 1829 and 30th April 1830, (the last Year on Estimate,) shewing the Annual Surplus of Revenue or Charge after the Payment of Territorial Charges in England:-(In Continuation of an Account, dated the 27th January 1830, presented by Command of His late Majesty in 1830:)"

Also, "An Account of the Per-centage at which the several Heads of Revenue in India were collected in the Year 1828-29:-(In Continuation of an Account Ordered by the House 25th February 1830:)"

Also, "An Account of the Arrears of Land Revenue left outstanding, at the Close of the Official Year, at each of the Presidencies in India:-(In Continuation of an Account, dated 17th March 1830, Ordered by the House on the 25th February 1830:)"

Also, "An Account of the Sums received at the Presidencies of Fort William, Fort St. George and Bombay, for Sales of Import Goods and Stores:-(In Continuation of an Account, dated 22d December 1829, presented by Command of His late Majesty in the Year 1830:)"

And also, "An Account, in Detail, of the Revenues and Charges of the ceded and conquered Provinces under the Presidencies of Bengal, Madras and Bombay:-(In Continuation of an Account, dated 6th May 1830, Ordered by the House on 25th February 1830.)"

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Accounts be printed.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Tithe System, Petitions for Revision of: (Locking & Hutton:)

Upon reading the Petition of the Owners and Occupiers of Land in the Parishes of Locking and Hutton, in the County of Somerset, whose Names are thereunto subscribed; praying their Lordships "to adopt the earliest Measures for relieving the Country from the Exaction of Tithe, a System which is at once an oppressive Tax upon Industry, and an unreasonable and an intolerable Burden:"

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

Rotunda, Blackfriars Road:

A Petition of several Inhabitants of the Metropolis assembled in a Public Meeting at the Rotunda, Blackfriars Road, was presented and read; praying their Lordships, "That the Tithes be taken from the Clergy, and divided among the Poor, whose Number is at present very great, and seems to be rapidly increasing."

Ordered, That the said Petition be received as the Petition of Julian Hibbert, who only has signed it.

Kilcock & Cloncurry:

Upon reading the Petition of the Parishioners of the United Parishes of Kilcock and Cloncurry, in Ireland, whose Names are thereunto subscribed; praying their Lordships "to take into Consideration the Necessity of abolishing Tithes in Ireland, and also the Expediency of rendering available the enormous Property in Lands of the Irish Church for the Relief of the Poor and for the Support of the Resident and Officiating Clergy, granting to all Parties interested such Compensation as their Lordships may deem reasonable:"

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

Wilmslow:

Upon reading the Petition of the Landholders, Occupiers of Property and Inhabitants of the Parish of Wilmslow, in the County of Chester, whose Names are thereunto subscribed; praying, "That their Lordships will forthwith take the Laws relating to Tithes into their immediate and kind Consideration, and will introduce into their Lordships House a Measure to repeal the same altogether, or otherwise amend them in such a Form that the Burdens under which the Petitioners and others liable to Tithes in the United Kingdom now labour may, in a comprehensive and considerable Degree, be released:"

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

Navan.

Upon reading the Petition of the Inhabitants of the Parish of Navan, in the County of Meath, whose Names are thereunto subscribed; praying their Lordships "to exonerate the Roman Catholics of this Parish from a Burden so grievous, so oppressive and so intolerable as the paying for the Maintenance of the Protestant Rector and for the Improvement of the Protestant House of Worship:"

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

Religious Rights, Petition from Navan respecting.

Upon reading the Petition of the Inhabitants of the Parish of Navan, in the County of Meath, whose Names are thereunto subscribed; praying their Lordships "to repeal the Law by which there exists in Ireland a particular privileged State Religion, so that Persons of all Religious Persuasions may be placed on an equal and just Footing:"

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

Education, (Ireland,) Petition from Ardagh for regulating Grants for.

Upon reading the Petition of the Roman Catholic Parishioners of Ardagh, in the Barony of Tyrawley, County of Mayo, whose Names are thereunto subscribed; taking notice of the System of Exclusion adopted by the Kildare Street Society for the Education of the Poor of Ireland; and praying their Lordships "to devise such a Plan as will render Knowledge accessible to all Classes of His Majesty's Subjects, without Religious Distinction:"

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

Tithe & Vestry Acts, (Ireland,) Petition from Kilfian respecting.

Upon reading the Petition of the Inhabitants of the Parish of Kilfian, in the Barony of Tyrawley, County of Mayo, whose Names are thereunto subscribed; complaining of the enormous Tithes, and Vestry Cesses and County Taxes; and praying, "That their Lordships will grant the Petitioners Legislative Relief from the varied Oppressions under which they groan, or grant them the Means to emigrate into one of the Foreign Colonies of our Empire:"

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

Reform of Parliament, &c. Petitions in favor of: (Holbeach:)

Upon reading the Petition of the Farmers and Tradesmen residing in the Parish of Holbeach, in the County of Lincoln, and Neighbourhood thereof, whose Names are thereunto subscribed; praying their Lordships "to adopt immediate Measures for effecting the total Repeal of the Assessed Taxes and of the Duty on Malt; and also for effecting such a Reform in the Constitution of the Commons House of Parliament as will give to the People a full and fair Representation therein, and which, in the Opinion of the Petitioners, cannot be sufficiently effected unless Parliaments be triennial, and unless, in many Instances, the Qualification to vote at Elections for Members to serve in the Commons House thereof be extended, and all Votes at such Elections be allowed to be given by Ballot:"

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

Heptonstall:

Upon reading the Petition of the Merchants, Manufacturers and others, Inhabitants of the Township of Heptonstall, in the Parish of Halifax, in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "to enact that the future Duration of Parliaments shall not be extended beyond the Period of Three Years; to grant the Petitioners a considerable Extension of the Elective Franchise; that no Plan of Reform may receive the Sanction of their Lordships that does not aim at the Extinction of undue Influence in the Exercise of the Elective Franchise, and the Abolition of Bribery and Corruption; and that the Vote be by Ballot:"

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

Gloucester.

Upon reading the Petition of The Mayor, Aldermen, Sheriffs and Common Council of the City of Gloucester, in Common Council assembled, under their Common Seal; praying their Lordships "to revise the present System of the Representation, and with that view to aid and support His Majesty's present Ministers in such Measures of practical and efficient Reform as will conduce to the Satisfaction of the People and the Prosperity of the Nation:"

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

Galway Elective Franchise, Petition from Ballindooly for Extension of.

Upon reading the Petition of the Protestant Freemen and Inhabitants of the Parish of Ballindooly, in the County of the Town of Galway, whose Names are thereunto subscribed; praying, "That their Lordships will be 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.

University of Cambridge, &c. Petition referred to Judges.

Upon reading the Petition of The Chancellor, Masters and Scholars of the University of Cambridge, and The Master, Fellows and Scholars of Trinity Hall in the same University, and the Governors and Visitors of the Botanic Garden of the said University, under their Common Seals; 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. Justice Gaselee and Mr. Justice James Parke, 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.

Slavery, Petition from Kilsyth for Abolition of.

Upon reading the Petition of the Inhabitants of the Burgh of Barony and Parish of Kilsyth, whose Names are thereunto subscribed; praying their Lordships "forthwith to pass a Law for the early and utter Extinction of Slavery in the British Colonies:"

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

Com ee on Office of Clerk of the Parliaments, Lords added to.

Ordered, That The Lord Chancellor, The Earl of Eldon, The Viscount Sidmouth and The Lord Holland be added to the Select Committee appointed to consider of the Proceedings had in Execution of the Measures recommended in the Reports of the Lords Committees upon the Office of Clerk of the Parliaments, in the Sessions 1824 and 1826.

Slavery, Petition of Planters, &c. resident in Edinburgh against Abolition of, without Compensation.

Upon reading the Petition of the Planters, Merchants and others, chiefly resident in Edinburgh, having Interest in the West India Colonies, whose Names are thereunto subscribed; praying, "That their Lordships will refuse their Sanction to all such Petitions as pray for Emancipation of the Slaves in the West India Colonies, until the Amount of the full and complete Indemnity and Compensation to which the Petitioners and their Fellow Colonists are entitled has been ascertained, and until an adequate Fund has been provided and set apart, out of which the Payment of the Indemnity and Compensation may be made simul et semel with the Adoption of any such Measure; and further, that, for the Satisfaction of the Country, their Lordships will be pleased to institute an Enquiry into the Condition of the Negroes, and into the State of Slavery as it now exists in the West India Colonies, which Enquiry the Petitioners feel assured will relieve both their Fellow Colonists and themselves from the Obloquy under which they now labor:"

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

Local Jurisdictions Bill, Petition from Sleaford in favor of.

Upon reading the Petition of the Merchants, Tradesmen and other Inhabitants of the Town of Sleaford, in the County of Lincoln, and of Persons residing in the Neighbourhood thereof, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for establishing Courts of Local Jurisdiction;" and praying, "That the same may be passed into a Law, and that the Provisions therein contained for the Recovery of Debts in the Counties of Kent, Durham and Northumberland, may be extended to the several Parts or Divisions of the County of Lincoln:"

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

Coals carried Coastwise, Petitions from Liskeard & Hythe for Repeal of Duty on.

Upon reading the Petition of the Inhabitants of the Town of Liskeard, in the County of Cornwall, and its Neighbourhood, whose Names are thereunto subscribed; praying, "That their Lordships will take the Subject of the Duty on Coals carried Coastwise into their Consideration, and, by a Repeal of the Duties on Coal and Culm, relieve the Petitioners from an Impost so unequal and oppressive:"

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

Upon reading the Petition of The Mayor, Jurats and Inhabitants of the Town and Port of Hythe, in the County of Kent, and the Vicinity thereof, whose Names are thereunto subscribed; praying, "That the Duties upon Coals carried Coastwise may be repealed; and that Coals may be hereafter sold by Weight instead of Measure:"

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

Dean & Chapter of Canterbury's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for assisting the Dean and Chapter of the Cathedral and Metropolitical Church of Christ, Canterbury, to take down and rebuild the North-western Tower of the same Church."

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

Their Lordships, or any Five of them, to meet on Monday the 7th of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Maiden Newton Inclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for inclosing Lands within the Parish of Maiden Newton, in the County of Dorset."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

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

Pentland v. Booth & Dickson, Petition to revive, referred to Appeal Com ee.

Upon reading the Petition of Walter Dickson, One of the Respondents in a Cause depending in this House, to which George Pentland is Appellant, and James Booth and the Petitioner are Respondents; and of Edward Browne Esquire, One of the Directors and a Trustee for the Royal Exchange Assurance Corporation; and of Samuel Fenning Esquire, Secretary of, and also a Trustee for the same Corporation; praying, "That the said Appeal may be revived, and that the said Edward Browne and Samuel Fenning may be added as Parties thereto:"

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.

Sir S. Stirling & Pearson v. Kelly et al. et e con.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Sir Samuel Stirling Baronet and Alexander Pearson are Appellants, and Mrs. Marian Kelly or M'Kenzie, and others, are Respondents, et e contra:"

It is Ordered, That this House will hear the said Causes, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Message to H.C. for Mr. Estcourt & Mr. Sadler to attend Com ee on the Poor Laws.

Ordered, That a Message be sent to the House of Commons to request, that they will give Leave to Thomas Grimstone Bucknall Estcourt Esquire, and Michael Thomas Sadler Esquire, Members of that House, to attend their Lordships, in order to their being examined as Witnesses before the Select Committee appointed by this House to consider of the Poor Laws.

Union with Ireland, Petitions from Kilkevan & Galtrim for Repeal of.

Upon reading, the Petition of the Inhabitants of the Parishes of Kilkevan, Ballimitty and Ambrosetown, in the County of Wexford, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Freeholders and Inhabitants of the Parish of Galtrim, County of Meath, in that Part of the United Kingdom called Ireland, whose Names are thereunto subscribed; severally praying, "That their Lordships will repeal the Legislative Union between Great Britain and Ireland:"

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

Petition of Corporation of Smiths, Dublin, that the Parliament do sit in Dublin every Third Year.

Upon reading the Petition of the Master, Wardens and Brethren of the Corporation of Smiths or Guild of Saint Loy, Dublin, under their Common Seal; praying their Lordships "to address His Majesty, praying him to call His Parliament in the City of Dublin every Third Year, when their Lordships will be enabled to see and hear the many and great Evils under which Ireland labours, and which the Petitioners conceive Five Sixths of their Lordships House know only by Name, thus forming an intimate Connexion between the Two Countries of reciprocal Value, not as at present to the almost total Destruction of that of the Petitioners:"

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

Drainage of Land near the River Shannon, Papers respecting, delivered.

Ordered, That there be laid before this House, "A Copy of the Report of Mr. John Grantham, Engineer, to The Lord Lieutenant of Ireland, dated 31st December1822, concerning the Drainage of a large Tract of Land by removing Obstructions in the River Shannon:"

And also, "A Copy of a Memorial presented to The Lord Lieutenant of Ireland, on the 30th of May 1825, by The Earls of Clanricarde and Clancarty, on the same Subject."

Court of Chancery, J. Harrington's Petition for Reform in.

Upon reading the Petition of Joseph Harrington of North Street, Westminster, in the County of Middlesex, Gentleman; praying, "That their Lordships will be pleased to take into immediate Consideration the State of the Practice of the Court of Chancery, and the Evils and Sacrifices it entails upon the Property of the Suitors of the Court, and more especially that Portion of such Practice as relates to Proceedings in the Offices of the Masters of the Court, and the enormous Expences incurred therein under the existing System, and which, the Petitioner submits, are productive of the most unjust, and in many Instances most ruinous Consequences to innocent Individuals; and that their Lordships will adopt such Measures as will ensure to the Suitors of the Court of Chancery a speedy Attainment of Justice in that Court, at a fair and moderate Expence:"

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

Lunatics Bill presented.

The Order of the Day being read for the Lords to be summoned;

The Lord Chancellor presented to the House a Bill, intituled, "An Act to diminish the Inconvenience and Expence of Commissions in the nature of Writs De lunatico inquirendo; and to provide for the better Care and Treatment of Idiots, Lunatics and Persons of unsound Mind, found such by Inquisition."

The said Bill was read the First Time.

Ordered. That the said Bill be printed.

Commons Answer to Message of this Day.

The Messengers sent to the House of Commons this Day, being returned; acquainted the House, "That the Commons return for Answer, That they will send an Answer by Messengers of their own."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum tertium diem instantis Februarii, hora decimâ Auroræ, Dominis sic decernentibus.