House of Lords Journal Volume 63: 21 July 1831

Die Jovis, 21° Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Burns & Grier v. Stewart.

After hearing Counsel fully in the Cause wherein John Burns and Robert Grier are Appellants, and Duncan Stewart is Respondent:

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

Bp. Gloucester takes the Oaths.

This Day James Henry Lord Bishop of Gloucester took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Naval Station, Harbour of Cove, Petition from Cork against Removal of.

Upon reading the Petition of the Merchants, Traders and other Inhabitants of the City of Cork, whose Names are thereunto subscribed; praying their Lordships, "That at the Moment when One hundred and fifty thousand Pounds is in course of Expenditure upon new Works at Portsmouth, the perfect and magnificent Magazines in the Cove of Cork shall not be abandoned, that they may not stand a Monument of by-gone Grandeur or Marks of a neglected Country; that while Woolwich, Deptford, Sheerness, Chatham, Portsmouth, Plymouth, and even Pembroke, as well as Jamaica, Bermuda, Malta, Cape of Good Hope, Bombay, and other Foreign Stations, are all enjoying extensive and lucrative Establishments, that Ireland shall not be the Victim of unwise and misplaced Economy, but that the Flag and the Establishment hitherto enjoyed may be restored to the Irish Station:"

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

Beer Act, Petition from Southborough for Alteration of.

Upon reading the Petition of the Minister, Chapelwardens and Inhabitants of Southborough, in the Parish of Tonbridge, Kent, whose Names are thereunto subscribed; praying, "That their Lordships will, at the earliest Opportunity, take into their serious Consideration the Propriety of repealing that Part of the Beer Act as permits the Beer to be consumed on the Premises:"

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

Darlington Road Bill.

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

With a Bill, intituled, "An Act for making a Turnpike Road (with a Branch therefrom) from the Angel Inn near Darlington, in the County of Durham, to Barton Lane End, in the County of York;" to which they desire the Concurrence of this House.

Worcester County Hall, &c. Bill.

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

With a Bill, intituled, "An Act for erecting a County Hall and Courts of Justice, and also for providing Accommodation for His Majesty's Justices of Assize, in and for the County of Worcester;" to which they desire the Concurrence of this House.

Leven Drainage Bill.

A Message was brought from the House of Commons, by Sir Michael Shaw Stewart and others;

With a Bill, intituled, "An Act to amend and extend the Powers of an Act for recovering, draining and preserving certain Lands; and for better supplying with Water the Mills, Manufactories and other Works situated on the River Leven, in the Counties of Kinross and Fife;" to which they desire the Concurrence of this House.

The said Three Bills were, severally, read the First Time.

Oaths before The Lord Steward Bill.

A Message was brought from the House of Commons, by Sir Michael Shaw Stewart and others;

With a Bill, intituled, "An Act to repeal so much of certain Acts as requires certain Oaths to be taken by Members of the House of Commons before The Lord Steward or his Deputies;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Yorkshire Fire & Life Insurance Co's Bill.

A Message was brought from the House of Commons, by Sir Michael Shaw Stewart and others;

With a Bill, intituled, "An Act to enable "The Yorkshire Fire and Life Insurance Company" to sue and be sued in the Name of their Secretary, or of any One of the Directors of the said Company;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Pilots Fund Account delivered.

The House being informed, "That Mr. Berthon, from the Trinity House, attended;"

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

"Account of the Receipt and Appropriation of the Pilots Fund of the Corporation of Trinity House of Deptford Strond, distinguishing the several Sources of Income and Heads of Expenditure, in the Year ending 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.

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

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Charleville, in the County of Cork, whose Names are thereunto subscribed; praying their Lordships "to place at the Disposal of the Roman Catholic Bishops and an equal Number of liberal Protestant Trustees such a Sum as they may deem sufficient to confer the important Benefit of Education on the Poor of Ireland:"

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

Dean Forest Boundaries Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for ascertaining the Boundaries of the Forest of Dean, and for inquiring into the Rights and Privileges claimed by Free Miners of the Hundred of Saint Briavel's; and for other Purposes;"

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 Mr. Cross and Sir Giffin Wilson;

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.

Assessed Taxes Composition Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue Compositions for Assessed Taxes until the Fifth Day of April One thousand eight hundred and thirty-three; and to grant Relief in certain Cases."

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

It was resolved in the Affirmative.

Militia Ballots Suspension Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to suspend, until the End of the next Session of Parliament, the making of Lists, and the Ballots and Enrolments, for the Militia of the United Kingdom."

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

It was resolved in the Affirmative.

Wooler & Breamish Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for consolidating the Trusts of certain Roads called the Breamish and Wooler Turnpike Roads, in the County of Northumberland, and for more effectually improving and maintaining the same."

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

It was resolved in the Affirmative.

Belfast Bridge Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for erecting and maintaining a Bridge over the River Lagan at Belfast, and for making suitable Approaches thereto."

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 4 preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers;

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

Abergavenny Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually repairing certain Roads leading to and from the Town of Abergavenny, in the County of Monmouth; and for making and maintaining several new Branches of Road to communicate therewith."

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.

Rothesay Harbours & Gaol Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for improving, repairing and maintaining the Harbours of the Burgh of Rothesay, in the County of Bute; and for building and maintaining a Gaol, Court House and Offices for the said Burgh and County."

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

Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Wakefield & Austerlands Road Bill read 2 a, & committed:

Hodie 2^a vice lecta est Billa, intituled, "An Act for maintaining the Road from Wakefield to Austerlands, in the West Riding of the County of York."

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

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

Petition against it, referred to the Com ee:

Upon reading the Petition of the several Trustees for executing an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, intituled, "An Act for more effectually repairing and improving the Road from Standedge, in Saddleworth, in the County of York, to Oldham, in the County of Lancaster, and other Roads in the said County of York; and for making and maintaining Two new Branches to communicate therewith," whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That the same may not pass into a Law as it now stands, and that they may be heard by themselves, their Counsel, Agents and Witnesses, against the same:"

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 themselves, their Counsel, Agents and Witnesses, 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.

Frodingham, &c. Inclosure & Drainage Bill.

Hodie2^a vice lecta est Billa, intituled, "An Act for inclosing, draining and warping Lands within the Townships or Hamlets of Frodingham, Scunthorpe, Bromby, and Gunhouse, (otherwise Gunnas,) all in the Parish of Frodingham, in the County of Lincoln."

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

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

Kirkby-in-Kendal Inclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for inclosing Lands within the Townships or Divisions of Hugill, Applethwaite and Troutbeck, in the Parishes of Kirkby-in-Kendal and Windermere, in the County of Westmorland."

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.

Glasgow Improvement Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend certain Acts passed in the Reign of His late Majesty King George the Fourth, for opening a Street from the Cross of Glasgow to Monteith Row."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Crediton Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making and maintaining a Turnpike Road from the South End of Mitford Bridge, in the Parish of Tedburn Saint Mary, to Chudleigh Bridge, and from Crockham Bridge to the Exeter Turnpike Road in Chudleigh, all in the County of Devon."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Aylesbury Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road from Aylesbury, in the County of Buckingham, to Hockliffe, in the County of Bedford."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Langport Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending certain Roads in the County of Somerset, and for placing them, and other Roads, under the Care and Management of the Trustees of the Langport, Somerton and Castle Cary Roads."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Wendover Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act for more effectually repairing and improving the Road from Wendover to the Town of Buckingham, in the County of Buckingham."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Report from Com ee on E. of Mulgrave'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 The Right Honorable Constantine Henry Earl of Mulgrave in England and Baron Mulgrave in Ireland; praying, "That his Right to vote at the Election of Peers for Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships;" "That the Committee had met, and considered the Petition to them referred, and had come to the following Resolution; (viz ^t.)

"Resolved, That it is the Opinion of this Committee, That Constantine Henry Earl of Mulgrave in England and Baron Mulgrave in Ireland 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 Constantine Henry Earl of Mulgrave in England and Baron Mulgrave in Ireland 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.

Polewart Peerage, Petition of Claimant to revive former Proceedings.

Upon reading the Petition of Hugh Scott Esquire, of Harden; praying, "That their Lordships will be pleased to order that the former Proceedings on the Claim of Lady Paterson Anstruther to the Barony of Polewort or Polwarth may be revived; and that the Petitioner may have the Benefit of all the Proofs taken before their Lordships House or the Lords Committees for Privileges on such Claim, and all such other Benefit as the Case may allow; and that the Petitioner may be permitted to prove his present Right to the said Barony; and that such early Day may be fixed for hearing the Petitioner's Claim, and receiving his Evidence in support thereof, as to their Lordships may be convenient:"

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

Frodingham, &c. Inclosure & Drainage Bill, Witnesses to attend the Com ee.

Ordered, That John Nicholson, Patteson Holgate and William Hutchinson do attend this House on Wednesday next, to be sworn, in order to their being examined as Witnesses before the Committee to whom the Bill, intituled, "An Act for inclosing, draining and warping Lands within the Townships or Hamlets of Frodingham, Scunthorpe, Bromby, and Gunhouse, (otherwise Gunnas,) all in the Parish of Frodingham, in the County of Lincoln," stands committed.

Langley Inclosure Bill.

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

Hatton, &c. Inclosure Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing Lands in the several Parishes of Hatton, Haseley and Wroxhall, in the County of Warwick," was committed.

Handsworth Road Bill.

The Earl of Shaftesbury also reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually maintaining and improving the Road from Soho Hill, in the Parish of Handsworth, to the Walsall Road on the Northern Side of Hamstead Bridge, and another Road from Brown's Green to the Friary, in the County of Stafford," 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."

Langton's Act Amendment Bill.

The Earl of Shaftesbury reported from the Lords Committees appointed a Select Committee to enquire into the Expediency or Inexpediency of the Regulations contained in the Bill, intituled, "An Act to amend an Act for vesting and securing to John Stephen Langton Esquire certain Profits and Emoluments for a limited Time;" "That the Committee had met, and considered the said Bill; and that it appears to the Committee that it is expedient that the House should proceed in the Consideration of the said Bill."

And the said Report being read by the Clerk;

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

Patison & Blincow v. Allan & Co. et al.

Upon reading the Petition and Appeal of John Patison junior, Writer to the Signet, residing in Edinburgh, Trustee on the Sequestrated Estates of William Blincow and Company, Silk Warehousemen in Edinburgh; and of William Blincow, sole Partner of that Concern, as an Individual; complaining of Two Interlocutors of the Lords of Session in Scotland, of the First Division, of the 3d December 1828 and the 22d January 1831; and also of Four Interlocutors of the Lord Ordinary there, of the 5th February (signed 3d March) 1831, the 3d March, the 19th of May and the 1st and 29th of June 1831, in so far as they contain Decrees of Absolveter in favor of the Defenders, or Findings and Decernitures against the Petitioners; and praying, "That the same may be reversed, varied or altered, so far as complained of, 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 Alexander Allan and Company, and William Allan, Thomas Allan and John Martin, may be required to answer the said Appeal:"

It is Ordered, That the said Alexander Allan and Company, 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 Thursday the 18th Day of August next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Bryden et al v. Bryden et al.

Upon reading the Petition and Appeal of William Alexander Bryden, Joseph Bryden, James Bryden, Esther Bryden, Robert Bryden, and Agnes Bryden, Children of John Bryden of Halldykes, County of Dumfries; and the said John Bryden as Administrator in Law for his said Children; of the said William Alexander Bryden, as Heir Male in Heritage of the late Adam Bryden his Uncle; and of Robert Kennedy, Writer to the Signet, Tutor ad litem to the said William Alexander Bryden; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 10th July 1830; and also of Two Interlocutors of the Lords of Session there, of the First Division, of the 17th February and 9th July 1831; and praying, "That the same may be reversed, varied or altered, 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 Jessie Bryden, Agnes Bryden and John Sanders may be required to answer the said Appeal:"

It is Ordered, That the said Jessie Bryden, Agnes Bryden and John Sanders may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of August next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Paterson v. Sanderson.

Upon reading the Petition of Robert Sanderson, Respondent in a Cause depending in this House, to which James Paterson is Appellant; praying, "That their Lordships will be pleased to order him to be admitted to defend as Respondent in this Cause in formâ Pauperis, and to assign for his Counsel Mr. Serjeant Spankie and Mr. Wilson, and for his Solicitor Mr. A.H. Smith:"

It is Ordered, That the Petitioner be at liberty to defend as Respondent in the said Appeal in this House in formâ Pauperis, as desired.

Capsicum Account of Import of Ordered.

Ordered, That there be laid before this House, "An Account of the Quantity of Capsicum and Capsicum Pods imported into the Ports of Great Britain for the last Seven Years, distinguishing each Year, and the Amount of Duty paid thereon."

Education (Ireland,) Petition from Dromara, &c. for continuing Grants for.

Upon reading the Petition of the Inhabitants of Dromara, Dromore and Garvaghy, in the County of Down, in Ireland, whose Names are thereunto subscribed; praying their Lordships "to continue to the Society for promoting the Education of the Poor of Ireland, commonly called the Kildare Street Society, the Grant for the Education of the Poor of Ireland:"

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

Frauds on Creditors Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to prevent Debtors from defrauding their Creditors by lying in Prison or absconding from England;" and for the Lords to be summoned;

Ordered, That the said Bill be read the Third Time on Tuesday next; and that the Lords be summoned.

Tithes Composition Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for encouraging and facilitating Compositions for Tithes and other Payments arising and payable to Incumbents of Ecclesiastical Benefices in England and Wales;" and for the Lords to be summoned;

It was moved, "That the House do now resolve itself into a Committee upon the said Bill."

The Question was put thereupon?

It was resolved in the Affirmative.

The House was accordingly adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

Ordered, That the House be again put into a Committee upon the said Bill on Monday the 1st of August next; and that the Lords be summoned.

Churches Building Bill.

Ordered, That the Bill, intituled, "An Act to amend and render more effectual an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty, intituled, "An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes," be read a Second Time on Monday next; and that the Lords be summoned.

Elective Franchise, Petition from Llanerchymedd for Extension of, to.

Upon reading the Petition of the Tradesmen and other Inhabitants of the Town of Llanerchymedd, in the County of Anglesey, whose Names are thereunto subscribed; praying their Lordships "for a Share in the Privilege of returning a Member of the Commons House of Parliament, in unison with the Boroughs of the County, as proposed in Schedule F. of the Bill brought forward by His Majesty's Ministers for reforming the Representation of the Commons House of Parliament:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum secundum diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.