House of Lords Journal Volume 63: 16 August 1831

Die Martis, 16° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Warrington, &c. Railway Bill read 2 a, & committed:

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Company of Proprietors of the Warrington and Newton Railway to extend the said Railway from the Termination thereof at Bank Quay, in the Parish of Warrington, in the County Palatine of Lancaster, to Norton, in the County Palatine of Chester."

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

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

Petition against it, referred to the Com ee:

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, on behalf of themselves and others, Trustees acting under and by virtue of an Act passed in the First and Second Years of the Reign of His late Majesty King George the Fourth, for more effectually repairing and amending the Roads from Liverpool to Prescot, Ashton and Warrington, and other Roads therein mentioned, in the County Palatine of Lancaster; taking notice of the last-mentioned Bill, and praying their Lordships, "That they may be heard by themselves, their Counsel, Agents and Witnesses, against so much and such Parts of the same as may affect them; and that the same may not pass into a Law as it now stands:"

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, against the same, 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 last-mentioned Bill stands committed do appoint their own Chairman.

M. of Headfort's Claim, Order for Com ee to meet, discharged.

It was moved, "That the Order made on Tuesday last, "That the Sitting of the Committee for Privileges, to whom the Petition of Thomas Marquess of Headfort, Earl of Bective, Viscount and Baron Headfort, of that Part of the United Kingdom of Great Britain and Ireland called Ireland; praying, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred, which stands appointed for To-morrow, be put off to Wednesday the 17th of this instant August," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Polewart Peerage, Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of Hugh Scott Esquire, of Harden, eldest Son and Heir of the late Walter Scott Esquire, of Harden, and Lady Diana Scott, also deceased, to His Majesty, praying, "That His Majesty will be pleased to make such Reference to the House of Lords on the Right of the Petitioner to the Barony of Polewart, and of this Petition, as may effectually revive the former Proceedings before this House relative to the said Barony, and enable the Petitioner to have the Benefit of all Proofs taken before their Lordships, or their Committee of Privileges, on the former Reference to this House of the Petition and Claim of Dame Ann Paterson Anstruther to the said Barony, and all such other Benefit as the Nature of the Case shall properly allow, and at the same Time to prove the present Right of the Petitioner to the said Barony;" with His Majesty's Reference thereof to this House, stands referred, do meet to consider further of the said Claim on the 24th Day of this instant August; and that Notice thereof be given to His Majesty's Attorney General, and The Lord Advocate for Scotland.

Miller et al. v. Miller et al. Appellants Petition for Time for their Case, referred to Appeal Com ee.

Upon reading the Petition of William Miller, and others, Appellants in a Cause depending in this House, to which John Miller, and others, are Respondents; praying, "That their Lordships will be pleased to allow a Month from this Date for lodging their printed Case:"

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.

Birmingham Poor Bill, Walthew to attend the Com ee.

Ordered, That Frederick James Walthew do attend this House on Tuesday next, to be sworn, in order to his being examined as a Witness before the Committee to whom 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," stands committed.

E. of Lisburne's Claim, Witnesses to attend with Registers.

Ordered, That the Minister of the Parish of Saint George, Hanover Square, in the County of Middlesex, or other proper Officer, do attend this House on Tuesday the 23d of this instant August, to be sworn, in order to his being examined as a Witness, before the Committee for Privileges to whom the Petition of Ernest Earl of Lisburne, praying, "That his Right to vote at Elections of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred; and that he do attend the said Committee on Wednesday the 24th of this instant August, and do bring with him the Registers of Baptisms of the said Parish of the Years 1799 and 1800, in order to their being produced before the said Committee.

Ordered, That the Minister of the Parish of Powderham, in the County of Devon, or other proper Officer, do attend this House on Tuesday the 23d of this instant August, to be sworn, in order to his being examined as a Witness before the Committee for Privileges to whom the Petition of Ernest Earl of Lisburne, praying, "That his Right to vote at Elections of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred; and that he do attend the said Committee on Wednesday the 24th of this instant August, and do bring with him the Register of Marriages of the said Parish for the Year 1798, in order to its being produced before the said Committee.

Flathmann's Naturalization Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Herman Hinrich Flathmann," 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."

Ordered, That the said Bill be ingrossed.

Woolvercot Inclosure Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing Lands in the Parish of Woolvercot, in the County of Oxford, and for commuting the Tithes of the said Parish," 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."

Militia Pay Bill.

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

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."

Kinnaird's Divorce Bill.

The Earl of Shaftesbury (according to Order) reported the Amendment made by the Committee of the Whole House, to 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."

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

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

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Ecclesiastical Lands Exchange Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to authorize Exchanges of Lands and other Possessions of certain Ecclesiastical Corporations;" and for the Lords be summoned;

Ordered, That the House be put into a Committee upon the said Bill on Thursday the 25th of this instant August; and that the Lords be summoned.

E. of Shrewsbury's & Waterford's Claim, Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of John Earl of Shrewsbury of England and Earl of Waterford of that Part of the United Kingdom called Ireland, praying, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred, do meet to consider of the said Petition on Wednesday the 24th of this instant August; 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.

Bankruptcy Court Bill.

Ordered, That the Bill, intituled, "An Act to establish a Court in Bankruptcy," be re-committed to a Committee of the Whole House on Friday the 26th of this instant August; and that the Lords be summoned.

Exeter Roads Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend an Act of His late Majesty King George the Fourth, for repairing the several Roads leading to and from the City of Exeter, and for making certain new Lines of Road to communicate with the same, and for keeping in Repair Exe Bridge and Countess Wear Bridge; and to make and maintain other Roads communicating with the said Roads," 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 One Amendment thereto."

Which Amendment was read by the Clerk as follows; (vizt.)

"Pr. 11. L. 9. After ("aforesaid") insert Clause A.

"Clause A. And whereas Doubts are entertained whether, under and by virtue of the herein-before recited Act of the Seventh Year of the Reign of His late Majesty King George the Fourth, Power is given to demand and take more than One full Toll on each of the several Lines of Road in the said Act mentioned leading from Exeter aforesaid to a Place called Straightway Head, and from the late Gallows to a Place called Aylesbeare Hill, and from Exeter aforesaid by Clist Bridge to the Top of Woodbury Hill, in the Parish of Woodbury: And whereas it is expedient to remove and put an End to such Doubts, be it declared and enacted, That no more than One full Toll shall be demanded and taken in any One Day (to be computed as in the said recited Act is mentioned) for the same Horses, Cattle, and Carriage passing and repassing on either of the said several Lines of Road, or any Branch or Side Road leading to and from the same respectively, by virtue of the said recited Act, any thing in the said recited Act contained to the contrary in anywise notwithstanding."

And the said Amendment, being read a Second Time, was agreed to by the House.

Elective Franchise, Petition from Hitchin to extend, to Occupiers of Land.

Upon reading the Petition of the Owners and Occupiers of Land in the Vicinity of Hitchin, in the County of Hertford, whose Names are thereunto subscribed; praying their Lordships, "That if it should be deemed expedient to extend the Elective Franchise, the Occupiers of Land may be admitted to a Participation of the Privilege upon the same Terms as the Occupiers of Houses, that is, as Yearly Tenants, at such a Rent as may be agreed upon by their Lordships:"

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

Molasses, Petitions from Counties of Edinburgh & Norfolk against Use of, in Distilleries, &c.

Upon reading the Petition of the Freeholders, Justices of the Peace and Commissioners of Supply of the County of Edinburgh, assembled at a General Meeting, whose Names are thereunto subscribed; praying their Lordships, "That no Bill permitting the Use of Molasses in the Distilleries and Breweries of the United Kingdoms may be allowed to be introduced, or, if introduced, that it may not pass into a Law:"

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

Upon reading the Petition of the Owners and Occupiers of Land in the County of Norfolk, whose Names are thereunto subscribed; praying their Lordships, "That the Measure for allowing the Use of Molasses and inferior Sugar in the Breweries and Distilleries of the United Kingdom may not pass into a Law:"

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

Belfast Harbour Bill, Petitions in favor of, referred to the Com ee.

Upon reading the Petition of the Members of the Chamber of Commerce, and other Merchants and Ship Owners of the Town of Belfast, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Inhabitants of the Town of Belfast and the Vicinity thereof, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for the further Improvement of the Port and Harbour of Belfast, in Ireland, and for other Purposes;" and severally praying their Lordships, "That the same may pass into a Law:"

It is Ordered, That the said Petitions be referred to the Committee to whom the said Bill stands committed.

Mrs. Turton's Divorce Bill.

The Order of the Day being read for the further Consideration of the Bill, intituled, "An Act to dissolve the Marriage of Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned;" and for the Lords to be summoned;

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

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 Thursday next.

Adjourn.

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