House of Lords Journal Volume 63: 24 August 1831

Die Mercurii, 24° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

The North British Insurance Co. v. Barker.

The Answer of John Barker of Edinburgh, Surgeon, to the Petition and Appeal of The North British Insurance Company, was this Day brought in.

Persons in Execution for Debt in the Fleet & White Cross St. Prisons, Returns of, to be printed.

Ordered, That the Return of all Persons in Custody on the 18th August 1831, in Execution for Debt, in His Majesty's Prison of the Fleet; setting forth the Names of all such Persons as have been in Execution for not less than Six Months, and distinguishing other Prisoners by the Initial Letters only of their Names; and setting forth 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;

And also the Return of all Persons in Execution for Debt in the Debtors Prison for London and Middlesex, White Cross Street, on the 15th August 1831; severally delivered to the House Yesterday, be printed.

Birmingham Poor Bill:

Hodie 3^a vice lecta est Billa, 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."

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

Poor Relief Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to amend the Laws for the Relief of the Poor."

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

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

Order for 3 a.

Ordered, That the said Bill be read the Third Time To-morrow.

Lunatics Bill reported:

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

The said Amendments were read by the Clerk as follow; (vizt.)

"Pr. 1. L. 27. Leave out ("August") and insert ("September")

"Pr. 2. L. 8. After ("repealed") insert ("Provided always, that from and after the Commencement of this Act the Authority of the Commissioners appointed under the former Acts for licensing Houses for the Reception of Insane Persons shall cease and determine, without however invalidating any Acts or Proceedings of such Commissioners previous to the Determination of such Commission as aforesaid")

"Pr. 4. L. 36. Leave out from ("for") to ("annually") in Line penult. and insert ("The Lord Chancellor, or The Lord Keeper or Commissioners of the Great Seal of Great Britain, or other the Person or Persons for the Time being intrusted by virtue of the King's Sign Manual with the Care and Commitment of the Custody of the Persons and Estates of Persons found Idiot, Lunatic or of unsound Mind")

"L. ult. Leave out ("August") and insert ("September")

"Pr. 5. L. 4. Leave out ("Fifteen") and insert ("Twelve")

"L. 5. Leave out ("Twenty") and insert ("Fifteen")

"L. 35. Leave out ("Four") and insert ("Three")

"L. 36. Leave out ("Five") and insert ("Four")

"L. 37. Leave out ("Secretary of State") and insert ("Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"L. 38. Leave out ("or Surgeons") and insert ("and Two Medical Persons whose Practice has been principally directed to Cases of Insane Persons, and who are not now nor ever have been at any Time directly or indirectly concerned or interested in any House licensed or to be licensed for the Reception of Insane Persons, and Two Barristers")

"Pr. 6. L. 9. Leave out ("Secretary of State") and insert ("Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"L. 28. Leave out ("Surgeon") and insert ("such Medical Person as aforesaid")

"L. ult. Leave out from ("for") to ("by") in Press 7, Line 2, and insert ("The Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"Pr. 7. L. 28. After ("regulating") insert ("for Three Years, and from thence until the End of the then next Session of Parliament")

"L. 30. After ("England") insert ("and that I will keep secret all such Matters as shall come to my Knowledge in the Execution of my Office, except when required to divulge the same by legal Authority, or so far as I shall feel myself called upon so to do for the better Execution of the Duty imposed on me by this Act")

"L. 33. Leave out from ("for") to ("to") in Line 36, and insert ("The Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"Pr. 8. L. 6. Leave out from ("That") to ("is") in Line 8, and insert ("the said Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"L. 14. Leave out from ("as") to ("shall") in Line 16, and insert ("The Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"Pr. 9. L. 1. After ("regulating") insert ("for Three Years, and from thence until the End of the then next Session of Parliament")

"L. 22. After ("Physicians") insert ("or such Medical Persons as aforesaid")

"L. 23. Leave out from ("as") to ("may") in Line 25, and insert ("the said Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"Pr. 10. L. 12. After ("Physicians") insert ("or such Medical Persons as aforesaid")

"Pr. 12. L. ult. After ("Physician") insert ("or other such Medical Person as aforesaid")

"Pr. 13. L. 27. Leave out from ("to") to ("or") in Line 29, and insert ("The Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"Pr. 15. L. 30. After ("regulating") insert ("for Three Years, and from thence until the End of the then next Session of Parliament")

"Pr. 19. L. 14. After ("Physicians") insert ("or such Medical Persons as aforesaid")

"Pr. 24. L. 18. Leave out from ("and") to ("for") in Line 20, and insert ("The Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"L. 33. Leave out ("Secretary of State") and insert ("Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"Pr. 25. L. 5. Leave out from ("to") to ("for") in Line 7, and insert ("The Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"L. 11. Leave out from ("such") to ("after") in Line 12, and insert ("Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"L. 30. In the Interlineation, Lines 1 and 2, leave out ("Secretary of State") and insert ("Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"L. 33. Leave out ("Secretary of State") and insert ("Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"L. 38. Leave out ("Secretary of State") and insert ("Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"Pr. 26. L. 25. Leave out ("instructed") and insert ("intrusted")

"Pr. 27. L. 24. Leave out ("separately")

"Pr. 30. L. 28. Leave out ("M.") and insert ("L.")

"Pr. 31. L. 33. Leave out from ("Death") to ("of") in Line 34.

"Pr. 33. L. 30. Leave out from ("therein") to ("And") in Press 35, Line 15.

"Pr. 35. L. 22. After ("Physician") insert ("or other such Medical Person as aforesaid")

"Pr. 40. L. 31. After ("has") insert ("within the last Twelve Months")

"Pr. 41. L. 13. Leave out from ("to") and ("And") in Line 18, and insert ("The Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"Pr. 42. L. 7. Leave out from ("House") to ("Provided") in Press 43, Line 27.

"Pr. 43. L. 32. After ("or") insert ("for")

"L. 33. After ("Department") insert ("in case of any Person being confined as a State Lunatic, or under the Order of any Criminal Court of Justice")

"Pr. 45. L. 6. Leave out from ("cured") to ("the") in Line 9.

"L. 11. After ("Act") insert ("or under the said recited Act of the Ninth Year of the Reign of His said late Majesty")

"L. 12. Leave out ("him") and insert ("The Lord Chancellor or other the Person or Persons intrusted as aforesaid")

"L. 14. After ("thereof") insert ("within One Year after the Period of such Death or Discharge") and also insert Clause A.

"Clause A. Provided always, and be it further enacted, That after the passing of this Act the Clerk to the Metropolitan Commission appointed under the former Acts for licensing Houses for the Reception of Insane Persons shall forthwith deliver up any Register of private Patients which may be in his Possession to The Lord Chancellor or other Person or Persons intrusted as aforesaid, in order that the same may be cancelled."

"L. 22. Leave out ("Physician") and insert ("Medical Man")

"L. 26. Leave out ("N.") and insert ("M.")

"Pr. 47. L. 34. Leave out ("other") and in the same Line after ("Actions") insert ("and other Proceedings")

"L. 35. Leave out ("and") and insert ("or")

"Pr. 52. L. 28. After ("as") insert ("is")

"Pr. 53. L. 20. After ("Justices") insert ("or by The Lord Chancellor or other Person or Persons intrusted as aforesaid")

"Pr. 55. L. 9. Leave out ("M.") and insert ("L.")

"L. 14. Leave out from ("to") to ("and") in Line 15, and insert ("The Lord Chancellor or other Person or Persons intrusted as aforesaid")

"L. 24. Leave out ("August") and insert ("September")

"In Schedule (C.) to the Bill:

"Pr. 59. L. penult. Leave out ("separately")

"Pr. 60. L. 14. Leave out ("separately")

"Pr. 66. L. 28. Leave out the whole of the Schedule (L.)

"In the Heading to the Schedule (M.)

"Pr. 67. L. 1. Leave out ("M.") and insert ("L.")

"In the Eighth Column:

"L. 11. Leave out ("relieved") and insert ("not cured")

"In the Heading to the Schedule (N.)

"Pr. 68. L. 1. Leave out ("N.") and insert ("M.")

"L. 9. After ("regulating") insert ("for Three Years, and from thence until the End of the then next Session of Parliament")

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

Order for 3 a.

Ordered, That the said Bill be read the Third Time To-morrow.

M. of Ely's Claim to vote for Peers for Ireland, referred to Com ee for Privileges.

Upon reading the Petition of John Marquess of Ely of that Part of the United Kingdom called Ireland, and Baron Loftus of England; setting forth, "That Charles Earl of Ely, the Petitioner's late Father, sat and voted in the House of Lords of Ireland previous to the Union of the Two Kingdoms: That the Petitioner's said late Father was, by Letters Patent under the Great Seal of Ireland, bearing Date the 17th Day of December 1800, in the Forty-first Year of the Reign of His late Majesty King George the Third, created a Marquess of that Part of the United Kingdom called Ireland, by the Name, Stile and Title of Marquess of Ely, in the County of Wexford, to hold and enjoy the same Name, Stile and Title to him and the Heirs Male of his Body lawfully begotten: That the Petitioner's said late Father was, by Letters Patent under the Great Seal of England, bearing Date the 19th Day of January, in the Forty-first Year of His said late Majesty, created Baron Loftus of Long Loftus, in the County of York, and took his Seat as such in their Lordships House on the 24th Day of February 1801: That on the Death of the Petitioner's said Father, the Petitioner, on the 17th Day of July 1806, took his Seat in their Lordships House as Baron Loftus: That the Petitioner, as Marquess of Ely, claims a Right to vote at the Elections of Temporal 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 next.

Eau Brink Drainage Bill, Evidence to be printed.

Ordered, That the Evidence taken from Time to Time before the Committee to whom the Bill, intituled, "An Act to alter, amend and enlarge the Powers of several Acts now in force relating to the new River or Cut from Eau Brink to King's Lynn, in the County of Norfolk, called the Eau Brink Cut; and to raise further Funds for carrying the said Acts into Execution," stands committed, be printed.

Canadian Revenues Bill.

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

With a Bill, intituled, "An Act to amend an Act of the Fourteenth Year of His Majesty King George the Third, for establishing a Fund towards defraying the Charges of the Administration of Justice and Support of the Civil Government within the Province of Quebec, in America;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Augmentation of Ecclesiastical Benefices Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to extend the Provisions of an Act passed in the Twentyninth 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."

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.

Adjourn.

Comes Shaftesbury declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quintum diem instantis Augusti, horâ undecimâ Auroræ, Dominis sic decernentibus.