House of Lords Journal Volume 63: 20 September 1831

Die Martis, 20 °Septembris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Balmer v. Hogarth et al. Balmer v. Hogarth.

After hearing Counsel fully in the Cause wherein Thomas Balmer is Appellant, and John Hogarth Esquire, and others, are Respondents; and also in the Cause wherein Thomas Balmer is Appellant, and John Hogarth Esquire is Respondent:

It is Ordered, That the further Consideration of the said Causes be put off sine Die.

Megget & Roy v. Douglas.

After hearing Counsel for the Appellants in the Cause wherein Thomas Megget and James Roy are Appellants, and Alexander Douglas is Respondent:

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

Ker & Johnston v. Bell et al.

After hearing Counsel fully in the Cause wherein James Ker and Henry Johnston Esquires are Appellants, and John Bell, and others, are Respondents:

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

Ker et al. v. Sir R. W. Vaughan et al.

After hearing Counsel, in Part, in the Cause wherein John Bellenden Ker, and others, are Appellants, and Sir Robert Williams Vaughan Baronet, and others, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off 'till To-morrow.

Harris v. Kemble et al.

It was moved, "That the Order made Yesterday, "That the Cause wherein Henry Harris is Appellant, and Charles Kemble and others are Respondents, be further heard by Counsel at the Bar on Wednesday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Macdonald v. Mackie & Co.

Ordered, That the Cause wherein William Macdonald is Appellant, and Mackie and Company are Respondents, be heard by Counsel at the Bar To-morrow.

Dick v. Cuthbertson, et e con.

Ordered, That the Cause wherein John Dick Esquire is Appellant, and Donald Cuthbertson is Respondent, et e contra, be heard by Counsel at the Bar To-morrow.

Surplus Ways & Means Bill.

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

With a Bill, intituled, "An Act to apply the Surplus of Ways and Means, and a Sum out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty-one;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Administration of Justice (Ireland) Bill.

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

With a Bill, intituled, "An Act to improve the Administration of Justice in Ireland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Survey of a Line of Road between the Sark & the Church of Eskdale Muir, &c. Motion respecting, withdrawn.

It was moved, "That there be laid before this House, "A Copy of a Survey made by Order of His Majesty's Post Master General, with Report thereon, of a Line of Road between the River Sark and the Church of Eskdale Muir, in the County of Dumfries, and of a Line between the Confines of the County of Selkirk and the Town of Peebles."

Which being objected to;

The said Motion was (by Leave of the House) withdrawn.

Public Works Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to amend several Acts passed for authorizing the Issue of Exchequer Bills and the Advance of Money for carrying on Public Works and Fisheries, and Employment of the Poor; and to authorize a further Issue of Exchequer Bills for the Purposes of the said Acts;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Turnpike Regulation Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to amend the Acts for regulating Turnpike Roads in England, so far as they relate to certain Exemptions from Toll;"

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. that the Lords have agreed to the 2 preceding Bills.

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

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

Contempts in Ecclesiastical Courts Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enforcing the Process upon Contempts in the Courts Ecclesiastical of England and Ireland."

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

It was resolved in the Affirmative.

Etzerodt's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Christian Etzerodt."

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 the former Messengers;

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

Comrs of Public Accounts (Ireland) Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend an Act of the Fifty-second Year of the Reign of His Majesty King George the Third, respecting the Audit of the Public Accounts of Ireland; and to appoint the Number of Commissioners competent to grant Quietus to Public Accountants, under an Act passed in the Fifty-sixth Year of the Reign of His Majesty King George the Third, for consolidating the Public Revenues of Great Britain and 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."

Clare Presentments Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable the Treasurer of the County of Clare to issue his Warrants for the levying of the Presentments made at the Spring Assizes of the Year One thousand eight hundred and thirtyone."

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."

Waterloo Bridge New Street Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to authorize and empower the Commissioners appointed by an Act of the Seventh Year of His late Majesty King George the Fourth, for extending to Charing Cross, the Strand and Places adjacent, the Powers of an Act for making a more convenient Communication from Mary-le-bone Park, to make and form a new Street from the Strand to Charles Street, Covent Garden, and to widen the North End of Bow Street into Long Acre; and for other Purposes."

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.

Plurality of Benefices Bill.

The Order of the Day being read for the Lords to be summoned;

It was moved, "That the Report of the Amendments made by the Committee of the Whole House, to the Bill, intituled, "An Act to restrain and regulate the holding of Plurality of Dignities and Benefices by Spiritual Persons," be now received."

The Question was put thereupon?

It was resolved in the Affirmative.

The Earl of Shaftesbury accordingly reported the said Amendments.

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

Then it was moved, in Folio 3, Line 23, to leave out ("Thirty") and insert ("Forty-five")

Which being objected to;

The Question was put, "Whether the Word ("Thirty") shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then several Amendments were made by the House to the said Bill.

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

Ordered, That the said Bill, as amended, be printed.

Ld. Norbury's Claim, Comee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of Hector John Graham Earl of Norbury, 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, do meet to consider of the said Petition on Thursday next.

Tithes Composition Bill.

Ordered, That the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for encouraging and facilitating Compositions for Tithes and other Payments arising and payable to Incumbents of Ecclesiastical Benefices in England and Wales," be received on Monday next; and that the Lords be summoned.

Reform of Parliament, Petition from Ely in favor of.

Upon reading the Petition of the Inhabitants of the City of Ely, whose Names are thereunto subscribed; praying their Lordships "to support the laudable Endeavours of The King and His Ministers for the Maintenance of the Public Weal; and to institute such Measures of substantial Reform, and for the free and unbiassed Exercise of the Elective Franchise, as may be best calculated to give to every Branch of the Legislature its due Weight and Power; and to make the Commons House of Parliament, what it was originally designed to be, the real Representative of the Feelings and Interests of the People:"

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

Quarantine Fees, Petition of Merchants, &c. of Leith to be relieved from.

Upon reading the Petition of the Merchants, Ship Owners and others at the Port of Leith, whose Names are thereunto subscribed; praying their Lordships, "That such Orders may be issued regarding Quarantine, as may give greater Facility to Commerce, consistent with Public Safety; and that the Fees already paid on every Ship put under Quarantine may be returned, and that no Fees whatever be exacted in future:"

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

Slavery, Petition from Killarney for Abolition of.

Upon reading the Petition of the Inhabitants of the Town of Killarney and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That, under the Auspices of their Patriot King and His wise and liberal Administration, the total Abolition of Negro Slavery may be speedily effected; and that their Fellow Men, without Distinction of Grade or Colour, may enjoy the Benefits of a Constitution so justly considered the Envy of surrounding Nations:"

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

Education, (Ireland,) Petition form Ballyshannon for regulating Grants for.

Upon reading the Petition of the Inhabitants of the Town of Ballyshannon and Parish of Kilbarron, in the County of Donegal, Ireland, whose Names are thereunto subscribed; praying, "That their Lordships will allocate a Portion of the Public Money so liberally granted for the estimable Purpose of the general Education of the Poor of Ireland, in such Way as their Lordships may deem right so as to secure the Confidence of the Catholic Body:"

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

Yeomanry Corps, (Ireland,) Petition from Waterford for disbanding.

Upon reading the Petition of the Inhabitants of the County and City of Waterford, in Ireland, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to adopt immediate Measures for disarming the present Yeomanry of Ireland, as Petitioners are seriously of Opinion that it will otherwise no longer be in the Power of the Friends of Peace to maintain that Influence which has hitherto been exerted with Effect to control the Feelings of the People and preserve the Country from a dreadful Commotion:"

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

Remedy against the Hundred, M. Harfield's Petition for Amendment of the Law respecting.

Upon reading the Petition of Mary Harfield of Prinsted, in the Parish of Westbourne and County of Sussex, Widow; praying their Lordships "for such Compensation for the Loss of her Threshing Machine, destroyed in the Night by a Party of Men, as the Humanity of their Lordships may suggest and the Justice of the Case require; and further, that the Statute 7th and 8th George 4th, C. 27, respecting Remedies against the Hundred, may be so altered and amended as to place Threshing Machines under the more effectual Protection of the Law:"

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

Bankruptcy Court Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act to establish a Court in Bankruptcy;" and for the Lords to be summoned;

It was moved, "That the House do again resolve itself into a Committee upon the said Bill."

After Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

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

After some Time, the House was resumed.

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

Spring Guns Bill.

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 permit the setting of Spring Guns and Man Traps in certain Cases."

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

Then several Amendments were made by the House to the said Bill.

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

Beer Act Amendment Bill.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the Whole House to the Bill, 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;" and for the Lords to be summoned;

Ordered, That the said Report be received on Thursday next; and that the Lords be summoned.

Adjourn.

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