House of Lords Journal Volume 63: 26 August 1831

Die Veneris, 26° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Kinrossshire, &c. Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually making and repairing certain Roads in the Counties of Fife, Kinross, Perth and Clackmanan."

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 sent 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.

Sir G. Clerk et al. v. Adam et al.

The House being informed, "That Doctor Walter Adam, and others, Respondents to the Appeal of Sir George Clerk Baronet, and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Robert Croll of the City of Edinburgh, Writer, of the due Service of the said Order, being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Johnstone v. Barbour.

The House being informed, "That James Barbour, Respondent to the Appeal of William Johnstone, 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 Robert M'William of the City of Edinburgh, Writer, 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.

D. of Hamilton v. Aikman.

The House being informed, "That George Robertson Aikman Esquire, Respondent to the Appeal of Alexander Duke of Hamilton and Brandon, 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 Robert Rutherford of the City of Edinburgh, Clerk to the Signet, 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.

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

The House being informed, "That Alexander Allan and Company, and others, Respondents to the Appeal of John Patison junior and William Blincow, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of John Patison junior, Writer to the Signet in Edinburgh, of the due Service of the said Order, being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

North Shields Road Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for more effectually repairing the Road from North Shields, in the County of Northumberland, to the Town of Newcastle upon Tyne, and certain Branches communicating therewith; and also for making and repairing additional Branches of Road;"

The said Bill was accordingly read the Third Time.

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 sent to the House of Commons, by the former Messengers;

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

The Duchess of Kent's Annuity Bill.

A Message was brought from the House of Commons, by The Chancellor of the Exchequer and others;

With a Bill, intituled, "An Act to enable His Majesty to grant an Annual Sum to Her Royal Highness Victoria Maria Louisa Duchess of Kent, for a more adequate Provision for Her said Royal Highness, and for the honorable Support and Education of Her Royal Highness The Princess Alexandrina Victoria of Kent;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Monday next.

Birmingham Poor Bill.

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

To return 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;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Le Fevre's Divorce Bill.

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

To return the Bill, intituled, "An Act to dissolve the Marriage of Samuel Le Feuvre otherwise Le Fevre Esquire with Mary his now Wife, and to enable him to marry again; and for other Purposes;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Burning Land (Ireland) Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to provide against the setting aside, for Want of Form, Convictions for Offences in burning Land in Ireland."

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."

Ordered, That the said Bill be ingrossed.

Beer Act, Petition of Magistrates at Easter Sessions at Louth for Alteration of.

Upon reading the Petition of the Persons whose Names are thereunto subscribed, being the whole of the Magistrates attending the Easter General Quarter Sessions of the Peace holden at Louth, for the Louth and Spilsby Subdivision of the Parts of Lindsey, in the County of Lincoln, in the Year 1831; praying their Lordships, "That so much of the Retail Beer Act as authorizes the Consumption of Beer upon the Premises where sold may be repealed:"

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

Sub-letting Act (Ireland) Amendment Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to repeal an Act passed in the Seventh Year of His late Majesty King George the Fourth, intituled, "An Act to amend the Law of Ireland respecting the Assignment and Sub-letting of Lands and Tenements;" and to substitute other Provisions in lieu thereof;" and for the Lords to be summoned;

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

Owen's Estate 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 for vesting in Trustees a legal Estate, which on the Death of Joseph Crewe escheated to His Majesty and The Lord Bishop of Bangor, in an Undivided Third Part of certain Hereditaments in the County of Denbigh, in order to effect a Partition directed by the Court of Chancery," 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 Specially reported.

Then The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the last-mentioned Bill, "That the Committee had met, and considered the said Bill, and examined the Allegations thereof, which were found to be true; and had found that Thomas Owen, Christopher Lord Bishop of Bangor, in Right of his See as Lord of the Manor or Lordship of Llandilan otherwise Llanelidan, and The King's Most Excellent Majesty, in Right of His Crown as Lord of the Manors or Lordships of Denbigh and Yale, in the County of Denbigh, are all the Parties concerned in the Consequences of the Bill; and that the said Thomas Owen had appeared personally before the Committee and consented to the Bill; but that the said Christopher Lord Bishop of Bangor was proved, by the Affidavit of Two Persons, to be particularly engaged in preparing for a Visitation of the Clergy and Parishes of his Diocese, about to take place immediately, and in the Discharge of his other Episcopal Duties in the See of Bangor, and to be unable, during the present Month, personally to attend this Committee without great personal Inconvenience to himself, and an inconvenient Interruption to his said Episcopal Duties, but that his Lordship doth consent to this Bill, and did sign a Copy thereof on the 17th Day of this instant August, at his Episcopal Palace in Bangor, in the Presence of the Deponents, which Copy of the Bill was produced to the Committee; and that the Committee had gone through the Bill, and directed him to report the same to their Lordships, with some Amendments."

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

Then the Amendments made by the Committee to the said Bill, being read Twice by the Clerk, were agreed to by the House.

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

Napier v. Goldie et al. Petition of Dame M. Gordon to lodge her Case, referred to Appeal Com ee.

Upon reading the Petition of Dame Mary Lucy Elizabeth Gordon, One of the Respondents in a Cause depending in this House, to which John Napier Esquire is Appellant, and Alexander Goldie, and others, are Respondents; praying, "That their Lordships will be pleased to grant her Leave to lodge her Case as a Party Respondent in the Original Appeal:"

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.

Glendonwyn & Kennedy v. Goldie et al. Petition of Dame M. Gordon to lodge her Case, referred to Appeal Com ee.

Upon reading the Petition of Dame Mary Lucy Elizabeth Gordon, One of the Respondents in a Cause depending in this House, to which Mrs. Ismena Magdalina Glendonwyn or Scott and Robert Kennedy are Appellants, and Alexander Goldie, and others, are Respondents; praying, "That their Lordships will be pleased to grant her Leave to deposit her Case:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Johnstone v. Barbour, Appellant's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of William Johnstone, Appellant in a Cause depending in this House, to which James Barbour is Respondent; praying their Lordships to allow the Petitioner Three Weeks or a Month, or such additional Time, to prepare and lodge Prints of his Case, as may seem reasonable and proper:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Eau Brink Drainage Bill.

The Lord Wharncliffe reported from the Lords Committees, to whom the Bill, intituled, "An Act to alter, amend and enlarge the Powers of the 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," 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."

Adjourn.

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