House of Lords Journal Volume 63: 29 July 1831

Die Veneris, 29° Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

The Burntisland Whale Fishing Co. v. Trotter et al.

The joint and separate Answers of William Trotter Esquire, of Ballindean; Miss Jane Davidson Broughton of Rosend; Alexander Campbell Beatson Esquire; John David Anderson Esquire, residing in Burntisland; The Reverend Charles Watson of Burntisland, with the Concurrence of the Presbytery of Kirkcaldy; Miss Christian Young, residing in Burntisland; John Leven, Writer to the Signet; Mrs. Christian Charteris of Wemyss, Widow of the late Reverend James Wemyss, Minister of Burntisland; Misses Christian and Grace Ballantine, residing there; Mrs. Agatha Boog or Laughton, residing in Edinburgh; and Mrs. Janet Jameson or Torrie, Widow of the late Patrick Torrie Esquire, of Burntisland, to the Petition and Appeal of The Burntisland Whale Fishing Company, and others, individual Partners thereof, was this Day brought in.

Flowerdew v. The Dundee, &c. Shipping Co.

As was also, The joint and separate Answers of John Baxter, Merchant in Dundee; John Alison, Merchant there; John Gray, Merchant there; John Thain, Merchant there; Andrew Low, Merchant there; James Crockatt, Merchant there; James Hay, Merchant there; David Baxter, Merchant there; David Martin, Merchant there; Robert Ross, Merchant in Perth; George Gray, Merchant there; and John Ross, Merchant there, Directors, and Thomas Matthew and James Nicoll, Managers of The Dundee, Perth and London Shipping Company, to the Petition and Appeal of William Allen Flowerdew, Writer in Dundee.

Marquess of Queensberry takes the Oaths.

This Day Charles Marquess of Queensberry took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Levyssohn's Naturalization Bill, Certificate produced:

A Certificate from The Right Honorable The Viscount Melbourne, One of His Majesty's Principal Secretaries of State, "That Edward Henry Levyssohn, Son of Henry Levyssohn by Elizabeth his Wife, born at Rotterdam, had produced to him satisfactory Proof that he is a Person well affected to His Majesty's Royal Person and Government, and of orderly Life and Conduct," was produced and read, pursuant to the Standing Order.

Levyssohn takes the Oaths:

Edward Henry Levyssohn took the Oaths appointed, in order to his Naturalization.

Bill read 2 a, & committed.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Edward Henry Levyssohn."

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 next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Watson's Name Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Wenman Langham Watson Esquire, and his Issue Male, to take the Surname and use the Arms of Samwell, pursuant to the Will of Sir Thomas Samwell Baronet, deceased."

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

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Giffin Wilson and Mr. Martin;

To carry down the said Bill, and desire their Concurrence thereto.

Assessed Taxes, Return respecting, delivered.

The House being informed, "That Mr. Tierney, from the Tax Office, attended;"

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

"Copies of all Cases which have been stated and signed by Commissioners acting in the Execution of the Acts relating to the Assessed Taxes, subsequent to the 1st of July 1831, being the Date of a like Return made under the Directions of the same Act in the present Session of Parliament."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Birmingham Poor Bill, Petition to change Reference to the Judges.

Upon reading the Petition of John Welchman Whateley, praying their Lordships, "That the Consideration of a Copy of the Bill, intituled, "An Act for better regulating the Poor within the Parish of Birmingham, in the County of Warwick; and for empowering the Guardians of the Poor to grant Building Leases of certain Lands vested in them, or otherwise to sell and dispose of the same, and to apply the Monies to arise therefrom in the Enlargement or rebuilding of the present Workhouse; and for other Purposes," may be referred to Mr. Baron Bayley and Mr. Baron Garrow, instead of Mr. Justice Gaselee and Mr. Baron Vaughan, who are now on their respective Circuits, and are not expected to return to London for a considerable Time:"

It is Ordered, That the Consideration of a Copy of the said Bill be, and is hereby referred to Mr. Baron Bayley and Mr. Baron Garrow, who are forthwith to summon all Parties concerned therein, and, after hearing them, and perusing a Copy of the Bill attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Isherwood's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Parts of the Devised Estates of Thomas Bradshaw Isherwood Esquire, deceased, in Trustees, in Trust to be sold or demised for the Purposes within mentioned," 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 made several Amendments thereto."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Report, East India Judicature:

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Titles of the Lords that appeared upon the Ten Lists reported to the House Yesterday, and to report the Names of those who shall appear to hold or to have held any of the Offices or Employments specified in an Act made in the 26th Year of the Reign of His late Majesty King George the Third, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies, and for other Purposes therein mentioned; "That the Committee had met, and considered the Titles of the Lords contained in the List referred to them, and that it does not appear to the Committee that any Lord whose Title is contained in the said List now holds any Civil Office of Profit under the Crown during His Majesty's Pleasure, or now holds or heretofore held any of the Offices or Employments mentioned in the said Act of Parliament as Disabilities from serving according to the said Act."

Which Report, being read by the Clerk, was agreed to by the House.

Titles to be transmitted to the Clerk of the Crown.

Ordered, That the said Titles be transmitted to the Clerk of the Crown in His Majesty's High Court of Chancery, or his Deputy, by The Lord Chancellor, under his Hand and Seal, pursuant to the Directions of the said Act.

Frodingham, &c. Inclosure & Drainage Bill.

The Earl of Shaftesbury reported from the Lords Committees, 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," 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. 1. L. 3 & L. 4. Leave out ("Bromby")

"L. 11. Leave out ("Three") and insert ("Two")

"L. 15. Leave out ("Two thousand") and insert ("Four hundred and fifty")

"L. 22. Leave out ("Bromby")

"Pr. 2. L. 3. Leave out ("Bromby")

"L. 28. Leave out ("Bromby")

"Pr. 4. L. 5. Leave out ("Bromby")

"Pr. 21. L. 5. Leave out ("Bromby")

"Pr. 22. L. 16. Leave out ("Bromby")

"Pr. 23. L. 35. Leave out ("Bromby")

"Pr. 33. L. 15. Leave out ("Bromby")

"Pr. 34. L. 17. Leave out ("Bromby")

"Pr. 37. L. 30. Leave out ("Bromby")

"Pr. 38. L. 28. Leave out ("Bromby")

"Pr. 41. L. 16. Leave out ("Bromby")

"Pr. 43. L. 4. Leave out ("Bromby")

"Pr. 44. L. 16. Leave out ("Bromby")

"L. 35. Leave out ("Bromby")

"Pr. 46. L. 20. Leave out ("Bromby")

"Pr. 48. L. 38. Leave out ("Bromby")

"Pr. 56. L. 16. Leave out ("Bromby")

"Pr. 64. L. 16. Leave out ("Bromby")

"Pr. 96. L. 13. Leave out ("Bromby")

"Pr. 121. L. 4. Leave out from ("intended") to ("And") in Press 122, Line 1.

"In the Title of the Bill:

"L. 4. Leave out ("Bromby")

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

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Order for Lords to be summoned, discharged.

It was moved, "That the Order made Yesterday, "That all the Lords be summoned to attend the Service of the House on Tuesday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday the 9th of August next.

Le Fevre's Divorce Bill.

It was moved, "That the Order made on Tuesday last, "That the further Consideration and Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Samuel Le Fevre Esquire with Mary his now Wife, and to enable him to marry again; and for other Purposes," be put off to Monday next; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Wednesday next; and that the Lords be summoned.

Kinnaird's Divorce Bill.

It was moved, "That the Order made on Tuesday last, "That the further Consideration and Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Hugh Kinnaird Esquire with Ann his now Wife, and to enable him to marry again; and for other Purposes," be put off to Monday next; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Wednesday next; and that the Lords be summoned.

Payment of Wages in Goods Repeal Bill.

Ordered, That the Bill, intituled, "An Act to repeal several Acts and Parts of Acts prohibiting the Payment of Wages in Goods, or otherwise than in the current Coin of the Realm," be read the Third Time on Tuesday next; and that the Lords be summoned.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday next.

Criminal Laws, Petition from Brigham, &c. for Revision of.

Upon reading the Petition of the Inhabitants of the Townships of Brigham, Greysouthen and Eaglesfield, whose Names are thereunto subscribed; praying their Lordships "to take into their serious Consideration the whole of our Criminal Laws, with a view of substituting other efficient Punishments than that of Death in all Cases excepting for the Crime of Murder:"

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

Poor Laws, Petition from Dewsbury for Introduction of, into Ireland.

Upon reading the Petition of the Inhabitants of the Parish of Dewsbury, in the West Riding of the County of York, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to extend the Poor Laws to Ireland, and to promote such other Measures as shall tend to ameliorate its Condition:"

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

Huddersfield Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for improving and maintaining the Road from the South Side of a Bridge over the River Colne, called Engine Bridge, in the Township of Huddersfield, in the West Riding of the County of York, to Woodhead, in the County Palatine of Chester, and from thence to a Bridge over the River Mersey, called Enterclough Bridge, on the Confines of the County of Derby," 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."

Cirencester Roads Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing and improving certain Roads leading to and from the Town of Cirencester, in the County of Gloucester, and Wootton Bassett, in the County of Wilts," was committed.

Dean Forest Roads 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 continue and amend an Act for more effectually repairing several Roads in and through His Majesty's Forest of Dean, in the County of Gloucester; and to convert certain Highways in the Parishes of Staunton and Newland, in the said County, into Turnpike Roads," 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 directed him to report the same to the House, without any Amendment."

Wisbech Road Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing the Road from the Town of Wisbech, in the Isle of Ely, in the County of Cambridge, to the Town of Thorney, in the same Isle and County," was committed.

Ludlow Road Bill.

The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for improving and maintaining the Road from Ludlow, in the County of Salop, through Woofferton and Little Hereford, to Monk's Bridge, in the said County, and also from Ludlow to Orleton, in the County of Hereford," was committed.

Lincoln County Buildings 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 enable the Justices of the Peace for the Three Divisions of the County of Lincoln to purchase the Site of Lincoln Castle; and to empower the Court of Gaol Sessions for the said County to maintain and support the Judges House, County Hall and Courts of Assize; and for other Purposes affecting the County at large," 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 directed him to report the same to the House, without any Amendment."

Education, (Ireland,) Petitions for regulating Grants for: (Kenmare & Templeno:)

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Kenmare and Templeno, Ireland, whose Names are thereunto subscribed; praying their Lordships "to put any future Grants for the Education of the Irish Roman Catholics in the Hands of the Prelates of their own Church, the natural and divine Guardian of their Faith and Morals:"

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

Carrick-on-suir:

Upon reading the Petition of the Roman Catholics, Clergy and Laity, of the Town of Carrick-on-suir and its Neighbourhood, in the County of Tipperary, Ireland, whose Names are thereunto subscribed; praying their Lordships, "That all Grants for Education in Ireland may be withdrawn from all Societies that require, by their Rules, certain Observances of a Religious Nature at variance with the Principles of the major Part of the Community, and placed in other Hands; first, because their Acts are totally at variance with the Intentions of the Legislature in making such Grants, by having the Effect of confining those Grants to a Sect; secondly, because their Acts tend to keep up Religious Discord in Ireland; and thirdly, because they monopolize the Public Money, and instead of benefiting the Public, tend to paralize the Efforts of many well-meaning Individuals, who are anxious to assist in the Education of the People:"

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

Tralee:

Upon reading the Petition of the Inhabitants of the Parish of Tralee, in the County of Kerry, whose Names are thereunto subscribed; praying, "That their Lordships will discontinue altogether the Grant to the Kildare Street Society for the Education of the Poor of Ireland, and hand it over to those from whose Hands alone will the Catholics of Ireland receive an Education which will not affect the Interests of that Religion which they conscientiously profess:"

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

Grenagh.

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Grenagh, County of Cork, Ireland, whose Names are thereunto subscribed; praying their Lordships "for a Portion of those Charitable Funds granted for the Education of the Poor of Ireland, through some Channel not repugnant with their Religious Feelings:"

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

Forty Shilling Franchise, (Ireland,) Petition from Balbriggan for Restoration of, &c.

Upon reading the Petition of the disfranchised Forty Shilling Freeholders of the Town of Balbriggan and Vicinity, County of Dublin, Ireland, whose Names are thereunto subscribed; praying their Lordships "for the same Amendment in the Representation of the People of Ireland as in that of England, and for the Restoration of the Forty Shilling Franchise to the Counties in Ireland:"

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

The Queen's Annuity Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enabling His Majesty to make Provision for supporting the Royal Dignity of The Queen, in case She shall survive His Majesty."

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.

Augmentation of Ecclesiastical Benefices Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to extend the Provisions of an Act passed in the Twenty-ninth Year of the Reign of His Majesty King Charles the Second, intituled, "An Act for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies;" and for other Purposes;" and for the Lords to be summoned;

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

After Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was read a Second Time.

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 Wednesday next; and that the Lords be summoned.

Adjourn.

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