House of Lords Journal Volume 63: 5 September 1831

Die Lunæ, 5° Septembris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Harris v. Kemble et al.

After hearing Counsel, in Part, in the Cause wherein Henry Harris is Appellant, and Charles Kemble, and others, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Wednesday next.

Ld. Cowley introduced.

The Right Honorable Sir Henry Wellesley Baronet, being, by Letters Patent bearing Date the 1st Day of January, in the Eighth Year of the Reign of His late Majesty King George the Fourth, created Baron Cowley of Wellesley, with Remainder to the Heirs Male of his Body, was (in his Robes) introduced between The Lord Maryborough and the Lord Stuart de Rothesay, (also in their Robes,) the Yeoman Usher of the Black Rod and Clarenceux King of Arms preceding: His Lordship, on his Knee, presented his Patent to The Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (vizt.)

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and wellbeloved Councillor Henry Wellesley of Wellesley, Chevalier, Greeting: Whereas by the Advice and Assent of Our Council, for certain arduous and urgent Affairs concerning Us, the State and Defence of Our said United Kingdom and the Church, We have ordered a certain Parliament to be holden at Our City of Westminster, on the Fourteenth Day of June next ensuing, and there to treat and have Conference with the Prelates, Great Men and Peers of Our Realm; We, strictly enjoining, command you, upon the Faith and Allegiance by which you are bound to Us, that, the Weightiness of the said Affairs and imminent Perils considered, (waiving all Excuses,) you be at the said Day and Place personally present with Us, and with the said Prelates, Great Men and Peers, to treat and give your Counsel upon the Affairs aforesaid; and this, as you regard Us and Our Honor, and the Safety and Defence of the said United Kingdom and Church, and Dispatch of the said Affairs, in no wise do you omit.

"Witness Ourself at Westminster, the Twenty-third Day of April, in the First Year of Our Reign.

Leach."

"Bentall."

Then his Lordship, at the Table, took the Oaths, and afterwards took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed in his due Place next below The Lord Melros.

Ld. Gambier takes the Oaths.

This Day James Lord Gambier took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Mrs. Turton's Divorce Bill.

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

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

St. Albans Road Bill.

A Message was brought from the House of Commons, by Sir Francis Vincent and others;

With a Bill, intituled, "An Act for more effectually improving the Road from the Pondyards, in the County of Hertford, to the Town of Chipping Barnet, in the same County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Warrington, &c. Railway Bill, Petitions against, referred to the Com ee.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, being Shareholders in the Warrington and Newton Railway Company:

And also, Upon reading the Petition of the several Persons whose Names are thereunto subscribed, being Owners and Occupiers of Estates upon the Line of the proposed Extension of the Warrington and Newton Railway; taking notice of a Bill depending in this House, 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;" and severally praying their Lordships, That the same may not pass into a Law, but that the Petitioners may be heard by themselves, their Counsel, Agents and Witnesses, against such Bill, or against such of the Clauses and Provisions thereof as may affect them:"

It is Ordered, That the said Petitions 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.

M. of Bute et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Crichton Stuart Marquess of Bute, and others; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read:

Hodie 1^a vice lecta est Billa, intituled, "An Act for effectuating a Partition of Estates belonging to The Most Honorable John Crichton Stuart Marquess of Bute and Earl of Dumfries and The Most Honorable Maria Marchioness of Bute and Countess of Dumfries, and their Trustees, and to The Right Honorable Lady Susan North, and to The Right Honorable Lady Georgina North; and for other Purposes."

Standing Order 94 to be considered on it.

Ordered, That the Standing Order No. 94, directing that no Committee shall sit upon any Private Bill until Ten Days after the Second Reading thereof, be taken into Consideration To-morrow, in order to be dispensed with on the last-mentioned Bill; and that the Lords be summoned.

J. & L. Booth v. Booth & Black, Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Mrs. Rachael Booth or Black and Doctor Alexander Black her Husband, Respondents in a Cause depending in this House, to which John Booth junior and Livingston Booth are Appellants; praying their Lordships, "That the Petitioners may be at liberty to lodge the Prints of their Case with the proper Officer of their Lordships, and to exchange the same with the Appellants Agent:"

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.

Dame M. Gordon v. Goldie et al. Leave to a Respondent to lodge his Case.

Upon reading the Petition of John Napier, One of the Respondents in a Cross Appeal depending in this House, wherein Dame Mary Lucy Elizabeth Gordon is Appellant, and Alexander Goldie, and others, are Respondents; praying their Lordships, "That his printed Case may now be received by this House:"

It is Ordered, That the said Case be now received, as desired.

Message to H. C. for Members to attend Com ee on Baking Trade (Ireland) Bill.

Ordered, That a Message be sent to the House of Commons, to request that they will give Leave to Edward Southwell Ruthven Esquire, William Nugent Macnamara Esquire, James Browne Esquire, and Thomas Wyse Esquire, Members of that House, to attend their Lordships, in order to their being examined as Witnesses before the Select Committee appointed by this House to enquire into the Expediency or Inexpediency of the Regulations contained in the Bill, intituled, "An Act to regulate the Baking Trade in Ireland."

Warrington, &c. Railway Bill, Petitions in favor of, referred to the Com ee: (Preston:) Lancaster:

Upon reading the Petition of the Merchants, Manufacturers and other Inhabitants of the Borough and Town of Preston, in the County Palatine of Lancaster, whose Names are thereunto subscribed:

Also, Upon reading the Petition of the Merchants, Manufacturers and other Inhabitants of the Borough and Town of Lancaster, in the County Palatine of Lancaster, whose Names are thereunto subscribed:

Wigan:

Also, Upon reading the Petition of the Merchants, Manufacturers and other Inhabitants of the Borough and Town of Wigan, in the County Palatine of Lancaster, whose Names are thereunto subscribed:

Newton.

And also, Upon reading the Petition of the Merchants, Manufacturers and other Inhabitants of the Borough and Town of Newton, in the County Palatine of Lancaster, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, 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;" and severally praying their Lordships, "That the same may be passed into a Law, subject to such Regulations as to their Lordships shall seem meet:"

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

Reform of Parliament, Petition from Isle of Wight in favor of.

Upon reading the Petition of the Inhabitants of the Isle of Wight, whose Names are thereunto subscribed; praying their Lordships, "That when the Measure of Reform brought forward with the Sanction of His Majesty's Ministers shall come before their Lordships, they will be pleased to give their Sanction that it may be passed into a Law:"

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

Vestry Act, (Ireland,) Petition from Rabeen respecting.

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Raheen, Queen's County, Ireland, whose Names are thereunto subscribed; praying their Lordships "to take the Vestry Act, and the particular Case of this Parish, in regard to the heavy Rates they pay for the Support of Protestant Clergy and Churches, into their humane Consideration, and grant them that Relief in both Particulars of which they stand so much in need:"

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

Tithes, (Ireland,) Petition from Raheen for Abolition of.

Upon reading the Petition of the Inhabitants of the Parish of Raheen, Queen's County, Ireland, whose Names are thereunto subscribed; praying their Lordships "to abolish Tithes, and, if not, that they will at least (after the Death of the present Possessors) allocate a sufficient Portion of them to the Support of the Poor, and also to build and keep in Repair Churches, all of which, beside supporting the Clergy, they are (if properly divided) fully adequate to, and which appear to have been the Uses for which Tithes were originally granted:"

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

Game Bill.

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

With a Bill, intituled, "An Act to amend the Laws in England relative to Game;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Lords summoned.

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

Molasses, Petition from Haddington against Use of, in Distilleries, &c.

Upon reading the Petition of the Noblemen, Freeholders, Justices of Peace and Commissioners of Supply of the County of Haddington, whose Names are thereunto subscribed; praying their Lordships "not to allow the Measure for permitting the Use of Molasses in the Distilleries and Breweries of the United Kingdom, so prejudicial to the Agricultural and Landed Interests of the Country, to pass into a Law:"

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

Baking Trade, (Ireland,) Petition of Bakers, Navan, for regulating.

Upon reading the Petition of the Journeymen Bakers of the Town and Vicinity of Navan, in the County of Meath, whose Names are thereunto subscribed; praying their Lordships "to enact a Law whereby the Employer or the Employed in the Baking Trade of Ireland, or both, be made subject to such Fine or Penalty as may be judged proper by their Lordships, should it be proved that any begin to work before Five o'Clock in the Morning, or continue after Eight o'Clock in the Evening:"

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

Prescription Bill.

Ordered, That the Bill, intituled, "An Act for shortening the Time of Prescription in certain Cases," be read a Second Time on Friday next; and that the Lords be summoned.

West India Colonies, Papers respecting, to be printed.

Ordered, That the Statements, Calculations, and Explanations submitted to the Board of Trade relating to the Commercial, Financial and Political State of the British West India Colonies, since the 19th of May 1830, delivered to the House on the 15th Day of April last, be printed.

Education (Ireland,) Petition from CairnCastle for continuing Grants for.

Upon reading the Petition of the Inhabitants of the Parish of Cairn-Castle, in the County of Antrim, Ireland, whose Names are thereunto subscribed; praying, "That their Lordships will continue the Assistance hitherto afforded to the Society for promoting the Education of the Poor of Ireland, whose Labours appear to have been so eminently useful in calling forth the Exertions of the People in general, and in awakening a strong Interest in favor of a well-ordered System of Education:"

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

Copy of Union Roll of Peerage of Scotland, & List of Peers who have voted since 1800, laid on the Table.

The Lord Chancellor acquainted the House, "That the Clerk Assistant had received from The Lord Registrar of Scotland, and laid on the Table, a Return made pursuant to an Order of the 23d Day of August last, directing that there be laid before this House,

"A Copy of the Union Roll of the Peerage of Scotland, and a List of all those Peers who have voted at all General Elections since the Year 1800; distinguishing each Election."

And the Title thereof being read by the Clerk;

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

Ordered, That the said Paper be printed.

Pluralities in the Church Bill.

Ordered, That the Bill, intituled, "An Act to prevent Pluralities in the Church in all Cases where the Annual Value arising from the different Benefices shall collectively exceed a certain Sum," be read a Second Time To-morrow.

Trade with Portugal, Petition of Merchants, &c. respecting.

Upon reading the Petition of the Merchants, Ship Owners, Manufacturers and others concerned in the Portugal Trade, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as may tend to restore Harmony between this Country and Portugal, define our Commercial Relations in a clear and distinct Manner, and place that important Branch of National Commerce, the Wine Trade with Portugal, on the same secure and favoured Footing on which it has hitherto rested:"

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

Commons Answers to Messages.

The Messengers sent to the House of Commons on Friday last, to request, "That they would give Leave to Richard More O'Ferrall Esquire, a Member of that House, to attend their Lordships, in order to his being examined as a Witness before the Select Committee appointed by this House to enquire into the Expediency or Inexpediency of the Regulations contained in the Bill, intituled, "An Act to regulate the Baking Trade in Ireland;" acquainted the House, "That the Commons return for Answer, That they will send an Answer by Messengers of their own."

The Messengers sent to the House of Commons this Day, being returned; acquainted the House, "That the Commons return for Answer, That they will send an Answer by Messengers of their own."

Canadian Revenues Bill reported:

The Order of the Day being read for the House to be put into a Committee upon the 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;" and for the Lords to be summoned;

The House was accordingly adjourned during Pleasure, and put into a Committee upon the said Bill.

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.

Tithes on Barren Land Bill:

The Order of the Day being read for the Third Reading of the 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 accordingly read the Third Time.

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

It was resolved in the Affirmative.

Sub-letting Act (Ireland) Amendment Bill:

The Order of the Day being read for the Third Reading of 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;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Messages to H.C. with the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Trower and Mr. Roupell;

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

Adjourn.

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