House of Lords Journal Volume 63: 15 August 1831

Die Lunæ, 15° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsents fuerunt:

PRAYERS.

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

Cranstoun et al. v. Bontine.

The House being informed, "That Robert Cunninghame Bontine Esquire, Respondent to the Appeal of Thomas Cranstoun, and others, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Edward M'Millan of the City of Edinburgh, Solicitor before the Supreme Courts of Scotland, of the due Service of the said Order, being read;

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Frome Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for better repairing and improving several Roads leading to and from the Town of Frome, in the County of Somerset."

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

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was went to the House of Commons, by Mr. Adam and Mr. Roupell;

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

Isherwood's Estate Bill.

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

To return 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;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Manchester & Sheffield Railway Bill.

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

To return the Bill, intituled, "An Act for making a Railway from Manchester, in the County Palatine of Lancaster, to Sheffield, in the West Riding of the County of York;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

General Steam Navigation Co's Bill.

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

To return the Bill, intituled, "An Act for granting certain Powers to a Company called "The General Steam Navigation Company;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Coal, &c. Duties Repeal Bill.

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

To return the Bill, intituled, "An Act to discontinue or alter the Duties of Customs upon Coals, Slates, Cotton Wool, Barilla and Wax;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto.

Watson's Name Bill.

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

To return the Bill, 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;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Galway Harbour Bill.

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

With a Bill, intituled, "An Act to amend and enlarge the Powers of an Act passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act for making and maintaining a Navigable Cut or Canal from Lough Corrib to the Bay of Galway, and for the Improvement of the Harbour of Galway;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

E. of Lisburne's Claim to vote for Peers for Ireland, referred to Com ee for Privileges.

Upon reading the Petition of Ernest Earl of Lisburne, in that Part of the United Kingdom called Ireland; setting forth, "That the Petitioner's Father, John late Earl of Lisburne, on the 6th Day of July 1821, proved his Right before their Lordships to be admitted to vote at the Election of Peers of Ireland to sit in the Parliament of the said United Kingdom: That the said John Earl of Lisburne, on the 2d Day of August 1798, intermarried with Lucy, Daughter of William Viscount Courtenay, and by her had Issue John Wilmot Courtenay Vaughan, his eldest Son, and the Petitioner, his Second Son: That the said John Wilmot Courtenay Vaughan, the Petitioner's elder Brother, departed this Life, in the Lifetime of his Father the aforesaid Earl, on or about the 8th Day of February 1818, without Issue: That the said John Earl of Lisburne also departed this Life on or about the 18th Day of May last, leaving the Petitioner his eldest surviving Son and Heir, whereupon the Dignity of Earl of Lisburne devolved upon the Petitioner: That in virtue of such Peerage the Petitioner claims a Right to vote at Elections of Peers of Ireland to sit in the Parliament of the United Kingdom;" and therefore praying, "That his said Right may be admitted by their Lordships:"

It is Ordered, That the said Petition be referred to the Lords Committees for Privileges, to consider and report; and that the Committee do meet to consider thereof on Wednesday the 24th of this instant August.

Beer Act, Petitions from Householders & Beer Vendors of Gloucester in favor of.

Upon reading the Petition of the Inhabitant Householders and other Residents of the City of Gloucester and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to extend their Protection and Encouragement to the Vendors of Ale and Beer under the new Act, in order that Imposition and Monopoly may not be suffered to re-appear in any Part of the Kingdom; and that the selfish or mistaken Views of those Individuals who have originated or promoted the groundless Opposition, now sought to be counteracted, will, by the Wisdom of their Lordships, be readily detected, and the salutary Principles and Tendency of the new Beer Act be long continued for the Benefit of the Community:"

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

Upon reading the Petition of the Licensed Ale and Beer Vendors of the City of Gloucester and its Vicinity, under the new Beer Act, whose Names are thereunto subscribed; praying their Lordships "duly to appreciate the Efforts the Petitioners have so successfully made to improve the Quality and reduce the Price of their Beer, that common Beverage so necessary to the Comfort and general Health of the Community; and, should their Lordships be moved to make any Alteration in respect to the Trade or Business of the Petitioners, that they may be placed upon an equal Footing with the other Publicans, whether as to Evening Hours of serving their Out-door Family Customers, or other favorable Regulations; and lastly, that their justlyacquired Interests may not be disturbed by any new Measure that may be brought forward in their Lordships House:"

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

Beer Act, Petitions from Archdeaconry of Stafford, & Maidstone, respecting.

Upon reading the Petition of the Clergy of the Archdeaconry and of the several Peculiars within the County of Stafford, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as may appear expedient and effectual for remedying the Evils occasioned by the Operation of the new Beer Act:"

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

Upon reading the Petition of the Licensed Victuallers of the King's Town and Parish of Maidstone, in the County of Kent, whose Names are thereunto subscribed; praying, "That their Lordships will cause either a Repeal of the new Beer Act, or a Revision of it under certain Restrictions:"

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

Lunatics Bill.

Ordered, That the Bill, intituled, "An Act for regulating for Three Years, and from thence until the End of the then next Session of Parliament, the Care and Treatment of Insane Persons in England," be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill on Thursday next; and that the Lords be summoned.

Agricultural Labourers Employment Bill presented.

The Lord Kenyon presented to the House a Bill, intituled, "An Act for encouraging and facilitating the Employment of Labourers in Agriculture."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Tithes on Barren Land Bill presented.

The Lord Wynford presented to the House a Bill, intituled, "An Act for explaining and amending an Act passed in the Second and Third Years of the Reign of King Edward the Sixth, intituled, "An Act for Payment of Tithes."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Kennet Navigation Bill reported:

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to alter and amend the several Acts for making navigable the River Kennet, in the County of Berks," 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."

Order for 3 a.

Ordered, That the said Bill be read the Third Time on Friday next.

Interpleader Bill presented.

The Lord Tenterden presented to the House a Bill, intituled, "An Act to enable Courts of Law to give Relief against adverse Claims made upon Persons having no Interest in the Subject of such Claims."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Arbitration Bill presented.

The Lord Tenterden also presented to the House a Bill, intituled, "An Act for settling Controversies by "Arbitration."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Harland et al. v. Emerson et al. Appellants Petition to restore Appeal, &c. referred to Appeal Com ee.

Upon reading the Petition of William Harland, and others, Appellants in a Cause depending in this House, to which James Lloyd Emerson, and others, are Respondents; praying their Lordships, "That their Appeal may be restored, and that the Petitioners may have a Month's further Time allowed them in order that they may lay their printed Case upon their Lordships Table:"

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.

Churches Building Bill:

The Order of the Day being read for the Third Reading of 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;" and for the Lords to be summoned;

The said Bill was accordingly read the Third Time.

Then several Amendments were made to the said Bill.

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 the former Messengers;

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

Beer Act Amendment Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England."

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 Thursday next; and that the Lords be summoned.

Slane Peerage Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of George Bryan of Jenkinstown, in the County of Kilkenny, Esquire, to His Majesty, praying, "That his Claim to the Barony of Slane may be referred to the House of Peers, to report whether the said Title be or be not a Barony in Fee, by Writ of Summons, descendible to Heirs General, and whether the same is or is not now in Abeyance between Edward Lord Dunsany and the Petitioner;" together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed; also the Petition of Henry Fleming of the City of Dublin; also the Petition of James Stewart Fleming of Belville, in the County of Cavan, in Ireland, Esquire, late a Captain in His Majesty's Army; and also the Petition of James Fleming of Monkstown, in the County of Dublin, Esquire, in relation to the said Claim, stand referred, do meet to consider further of the said Claim on Wednesday next; and that Notice thereof be given to His Majesty's Attorney General for England, and to His Majesty's Attorney and Solicitor General for Ireland.

Persons in Execution in the King's Bench Prison, &c. Account of, Ordered.

Ordered, That there be laid before this House forthwith, "A List of all Persons now in Execution for Debt in the King's Bench and Fleet Prisons, and White Cross Street Prison, setting forth the Name of every such Person, and the Time or Times when, and the Amount of the Debt or Debts for which such Person was charged in Execution; and mentioning whether such Person has petitioned the Court for the Relief of Insolvent Debtors for his or her Discharge, and whether any and what Proceedings have been had on such Petition."

Militia Pay Bill.

Hodie 2^a vice lecta est Billa, intituled, "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 Thirtieth Day of June 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.

Kinnaird's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon 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."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made One Amendment thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received To-morrow.

Adjourn.

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