House of Commons Journal Volume 85
11 February 1830

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25-28

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'House of Commons Journal Volume 85: 11 February 1830', Journal of the House of Commons: volume 85: 1830, pp. 25-28. URL: http://british-history.ac.uk/report.aspx?compid=16171 Date accessed: 19 April 2014. Add to my bookshelf


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Jovis, 11 die Februarii; Anno 11 Georgii IV ti Regis, 1830.

PRAYERS.

Return presented: Contempt of Court. No. 27.

The House being informed that Mr. Brown, Warden of the Fleet Prison, attended at the door, he was called in; and at the bar presented to the House, pursuant to their Order,-A Return of the several persons who were confined for Contempt in His Majesty's Prison of the Fleet, under process issuing out of the Courts of Chancery and Exchequer, on the 7th day of March 1827 (the date of the last Return made by the Order of the House); and also, of those who have been committed since that period, stating what persons have died or been discharged from their contempts, since the said 7th March 1827; and how many now remain in custody for such contempt:-And then he withdrew.

Ordered, That the said Return do lie upon the Table; and be printed.

Return of East India Half-Pay, presented. No. 28.

The House being informed that Mr. Danvers, from the Court of Directors of the East India Company, attended at the door, he was called in; and at the bar presented to the House,-Further Return to an Order of the House, dated the 9th day of this instant February, for an account of the several sums which will become payable between 5th April 1830 and 5th April 1831, by the United Company of Merchants trading to the East Indies, towards the expense of Half-Pay, Pensions and Allowances to His Majesty's Forces serving in India, in pursuance of Act 4 Geo. 4, c. 71:-And then he withdrew.

Ordered, That the said Account do lie upon the Table; and be printed.

Market Harborough Road Bill, presented.

Sir Charles Hastings presented a Bill for more effectually repairing and improving the Roads from Market Harborough to Loughborough, and from Filling Gate to the Melton Mowbray Turnpike Road, in the county of Leicester: And the same was read the first time; and ordered to be read a second time.

Torrington Roads Bill, presented.

Mr. Bastard presented a Bill to enlarge the term and powers of an Act for more effectually improving the Roads to and from the town of Great Torrington, in the county of Devon: And the same was read the first time; and ordered to be read a second time.

Stonehouse Mill Bridge Petition.

A Petition of the Right honourable Richard Earl of Mount Edgcumbe, of Mount Edgcumbe, in the county of Devon, owner of certain lands, tenements and hereditaments hereinafter mentioned, in the parishes of East Stonehouse and Stoke Damerel, was presented, and read; setting forth, That the erecting, building and maintaining of a Bridge over Stonehouse Mill Pool, at or near a place called Stonehouse Mills, in the parish of East Stonehouse, in the county of Devon, to the opposite side, in the parish of Stoke Damerel, in the said county, and the making, widening and amending the roads, avenues and approaches leading to the said Mill Pool, and making the same to communicate, on the one side, between the said Bridge and the present Highway leading from a spot called No-place to the town of Plymouth, in the said county, and on the other side, to make the same communicate along a lane called Dedlake-lane, between the said Bridge and the Road leading from Stoke to Plymouth aforesaid, which said Roads are intended to pass through and into the several parishes, townships, hamlets and places of East Stonehouse and Stoke Damerel aforesaid, would be of great advantage to the Public, inasmuch as a direct and convenient communication would thereby be opened to the trading towns of Plymouth, Devonport and East Stonehouse aforesaid; and it is expedient that Power should be granted for the levying of Tolls, Rates and Duties for the maintaining and repairing of the said Bridge; and praying, That leave may be given to bring in a Bill for the same.

Ordered, That the said Petition be referred to a Committee:-And it is referred to Mr. Bastard, &c.: And they are to meet To-morrow, in the Speaker's Chamber; and have Power to send for persons papers and records.

Kingston Bridge Petition, reported.

Mr. Charles Pallmer reported from the Committee on the Petition of the Bailiffs and Freemen of the town of Kingston-upon-Thames, in the county of Surrey, That the Standing Orders relative to Bills for building Bridges had not been complied with; but it appeared to the Committee, that the necessity of the present application did not arise until the third day of December last, when the Petitioners, as Commissioners for rebuilding the Bridge over the River Thames at Kingston-upon-Thames became first acquainted with the unsuccessful termination of a treaty which had been some time pending with the Lords of the Treasury and the Commissioners for the Loan of Exchequer Bills for a further sum of Money to complete the works to be performed under the authority of the said Act; and that immediately thereupon the necessary Notices were inserted in two newspapers circulated in the counties of Middlesex and Surrey, three times in the course of the month of December last; and it further appeared to the Committee, That the compulsory power given by the Act to take certain buildings for making the necessary approaches to the said Bridge (and which they have been hitherto unable to purchase for want of adequate funds) will expire on the tenth day of June next; that the Premises required to be purchased under the provisions of the said Act may now be procured by an arrangement with the parties interested upon fair and reasonable terms; which will not be the case should the Bill be postponed for another Session, and would also occasion a severe loss to the public; and that they had examined the matter of the Petition; and the Report was brought up, and read.

Ordered, That the Report be referred to the Select Committee on Standing Orders.

Salford Improvement Petition.

A Petition of several Commissioners for better cleansing, lighting, watching and regulating the town of Salford, and other Inhabitants of the said Town, was presented, and read; reciting several Acts of the 32d and 53d years of his late Majesty, and of the 5th and 9th years of His present Majesty, for cleansing, lighting, watching and regulating the streets, lanes, passages and places within the towns of Manchester and Salford, in the county palatine of Lancaster, and for the more effectual administration of the office of a Justice of the Peace within the said townships; and for better lighting with Gas the said town of Manchester; and setting forth, That the town of Salford hath greatly increased, and is still increasing, in trade, population and extent of buildings; and the powers and provisions of the said Acts, so far as regards the same town, are found insufficient for the purposes intended, and it is expedient that further powers should be granted for better cleansing, lighting, watching, regulating and improving the said town of Salford, and the Markets therein; and that the rates now imposed should be altered; and that it is also expedient to regulate Hackney Coaches and Weighing Machines, to provide a public office, and to make other provisions for the regulation and improvement of the said town of Salford; and praying, That leave may be given to bring in a Bill for the same.

Ordered, That the said Petition be referred to a Committee:- And it is referred to Mr. John Wood, &c.: And they are to meet To-morrow, in the Speaker's Chamber; and have Power to send for persons papers and records.

Leave of Absence.

Ordered, That Lord Viscount Duncannon have leave of absence for a month on account of illness in his family.

Thirsk Roads Bill, presented.

Mr. Marshall presented a Bill for repairing certain Turnpike Roads leading to and from Thirsk, in the County of York: And the same was read the first time; and ordered to be read a second time.

Petition for alteration of Game Laws.

A Petition of Magistrates of the county of Derby, assembled at their Quarter Sessions, was presented, and read; setting forth, That the Petitioners have observed, with much regret, the great increase of offences against the Game Laws, which are well known to lead to the commission of more serious crimes; that the commitments to the goal of that county have been progressively increasing, and the number of poachers now in prison amounts to thirty-eight, and ten have been discharged from custody on bail; that the great number of punishments which have of late been inflicted for these offences does not appear to the Petitioners to have had any tendency to diminish the illegal destruction of Game, or to check the sale of it; the Petitioners therefore humbly pray the House to take the Game Laws into their serious consideration, and to make such alterations in them as they may deem best calculated to remove the manifold evils of the present system.

Ordered, That the said Petition do lie upon the Table; and be printed.

Petition for issuing New Writs for East Retford.

A Petition of Burgesses of the borough of East Retford, in the county of Nottingham, was presented, and read; setting forth, That the Petitioners find with regret that the House have come to the decision of not proceeding until the next Session of Parliament with any Bill for supplying the vacancy in the Representation produced by the absence of Members of Parliament for the borough of East Retford, and that the issuing a new Writ to that borough is suspended; that the Petitioners submit that, by the laws and constitution of this realm, the Petitioners cannot be deprived of their franchise, as freemen of the borough of East Retford, without the consent of the three Estates of the Realm; and the Petitioners therefore submit humbly and respectfully to the serious attention of the House, whether the House are acting with justice to the Petitioners, to deprive them of their franchise without the consent of the three Estates; that the Petitioners do not presume to question the principle which governs the House in cases of disfranchisement; but they submit, for the consideration of the House, whether it is not notorious that no Act of disfranchisement can pass without clear proof that the larger portion of the electors are corrupt; and the Petitioners submit, that the Evidence and Petition already before the House, establish the fact that the majority of the present electors of the borough of East Retford are not corrupt, and that majority would have been shown to be much larger but for the schisms and other circumstances referred to in the Petition; that the Petitioners will not presume to question the power of the House to suspend for a short period the issuing of new Writs for filling up vacancies in the House of Commons, but the Petitioners submit that such extraordinary power ought to be exercised with extreme care; that the period of three Sessions of Parliament is by no means a short period, that the issuing of a new Writ would not interfere with any ulterior measures which the House may in its wisdom see fit to adopt, while the precedent of keeping the representation of the people incomplete, is manifestly fraught with the utmost danger to the principles of the constitution; that the Petitioners consider it as a peculiar hardship, when their legal existence is at stake, to be deprived of the important means of defence which they would enjoy if represented in the House by Burgesses of their own choosing; that the House, having come to the decision that no further evidence is necessary, the Petitioners submit that the case is now ripe for the decision of the House, and they humbly represent that no decision can be so inconsistent with the principles of justice and expediency as an entire suspension of proceedings; that the Petitioners would have submitted with patience to any judgment at which the House might have arrived for remedy of a public grievance, but when no remedial measure is persevered in, nor any thing done beyond passing sentence of forfeiture against the Petitioners, they humbly conceive that a new state of things has arisen, in which they are justified in renewing their remonstrances; and they humbly pray that the House will direct new Writs to be issued, and to which they are clearly entitled by the present Law; and praying, That new Writs for the return of Burgesses to serve in Parliament for the Borough of East Retford may forthwith issue.

Ordered, That the said Petition do lie upon the Table; and be printed.

Wendover Road Bill, presented.

Sir Thomas Fremantle presented a Bill for more effectually repairing and improving the Road from Wendover to the town of Buckingham, in the County of Buckingham: And the same was read the first time; and ordered to be read a second time.

Petitions for repeal of Malt and Beer Duties.

A Petition of several Owners and Occupiers of Land in the neighbourhood of Boroughbridge; and, of the Mayor, Aldermen, Capital Burgesses, and Inhabitants of the Borough of Banbury, and its vicinity, were presented and read; setting forth, That the Questions of the Currency, the Poor Laws, and others (all demanding serious and present consideration), the Petitioners do not pretend to offer an opinion on; but they cannot but observe that there is a great deterioration in the lower orders of society, since they have lost that invigorating, wholesome and British beverage, ale, being compelled, through the low rate of wages and high price of malt, to forego brewing at home as formerly; thus being driven to public houses, where a wretched imitation of genuine ale is procured at an advanced price, the morals of the frequenters are corrupted, and, through the lowering of the duties on gin by the House, the cheapness of that pernicious drug adds to the miseries and vices of the people; and praying for the total repeal of the Malt Tax, and a revisal of the Corn Laws, as far as they relate to the Duties payable on the import of Foreign Barley.

And the said Petitions were ordered to lie upon the Table; and to be printed.

Petition for Reform of the Law.

A Petition of the there undesigned was presented and read; complaining of the Statute Law and Common Law as it exists at present; and praying that the House, in and by its votes, may be pleased to give invitation to all persons so disposed to send in each of them a plan of an all-comprehensive code, followed by the text thereof; this text, either the whole of it at the same time, or in such successive portions as he may find most convenient.

Ordered, That the said Petition do lie upon the Table; and be printed.

Ireland- Returns ordered: Newspaper Stamps.

Ordered, That there be laid before this House, a Return of the number of Stamps issued to each Newspaper in Ireland, for one year, ending 5th January 1830.

Newspaper Proclamations.

Ordered, That there be laid before this House, a Return of the sums paid to Newspapers in Ireland, from 5th January 1829 to 5th January 1830, for printing Proclamations; distinguishing the sums paid to each Newspaper by title, and place of publication.

Southwold Haven Petition.

A Petition of several Commissioners for executing the Acts for improving the Haven of Southwold, in the county of Suffolk, was presented, and read; setting forth, That the money borrowed on the credit of the Rates and Duties thereby authorized to be taken, cannot be repaid, nor can the said harbour be kept open, clear and in good repair, unless the term and powers granted by the said Acts are further continued, and the provisions thereof altered and enlarged, and the duties thereby granted increased; and praying, That leave may be given to bring in a Bill for the same.

Ordered, That the said Petition be referred to a Committee:-And it is referred to Sir Thomas Gooch, &c.: And they are to meet To-morrow, in the Speaker's Chamber; and have Power to send for persons papers and records.

Blacktoft Inclosure Petition.

A Petition of several Owners and Occupiers of estates, lands and grounds in the township of Blacktoft, in the parish or parochial chapelry of Blacktoft, the township of Gilberdike, in the parish of Eastrington and the township of Faxfleet, in the parish of South Cave, in the east riding of the county of York, was presented, and read; setting forth, That there are in the said townships certain open common fields, meadows and pastures, which might be improved, if divided and inclosed, and compensation made for tithes arising from the same; and praying, That leave may be given to bring in a Bill for the same.

Ordered, That leave be given to bring in a Bill accordingly: And that Mr. William Duncombe and Mr. Fountayne Wilson do prepare, and bring it in.

Petition for decrease of Law Charges.

A Petition of William Myers, a prisoner in the County Gaol at Carlisle, was presented, and read; setting forth, That the Petitioner is plunged into the greatest distress on account of the present uncertainty of the Law of the land, which defeats the true end of justice, and deprives the Jury from giving a decisive verdict, by debarring them of the privilege of assessing costs; and praying, That the House will be pleased to adopt a specific plan, to prevent the increasing expenses of law charges, which grind oppressively upon the nominal means and acquirements of private individuals, who are frequently reduced by low quibbling suits from a state of comfort to penury and distress, which is attributable in a great measure to the present uncertainty of the law of this country being left to the decision of those who are appointed for its dispensation, empowering the Judges to cast into the scale of dispute their preponderating weight of opinion, whereby thousands in this kingdom are brought to beggary and ruin, without knowing by what standard of written law they are accused and condemned; and also praying the House to take the state of the law into their immediate consideration, and, by its revisal, to adopt a concise code of written laws clear and intelligent, by which the governing and the governed may know upon what security of enacted statutes he holds the existence of his life, his liberty and his property, without being subject to caprice and uncertainty.

Ordered, That the said Petition do lie upon the Table.

Smugglers Families Maintenance Bill, ordered.

Ordered, That leave be given to bring in a Bill for the Relief of Parishes from the Expenses of maintaining the Wives and Families of Men convicted under the Laws for the prevention of Smuggling, and sentenced to serve His Majesty in His Naval service: And that Lord George Lennox, Mr. Poyntz, Mr. Burrell, and Mr. Curteis, do prepare, and bring it in.

East Retford Bill, ordered.

A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford;

An Amendment was proposed to be made to the Question, by leaving out from the word "Bill" to the end of the Question, in order to add the words, "to exclude the Borough of East Retford from electing Burgesses to serve in Parliament, and to enable the Town of Birmingham to return two Representatives in lieu thereof," instead thereof.

And the Question being put, That the words proposed to be left out, stand part of the Question;

The House divided.
The Yeas went forth.
Tellers for the Yeas, Mr. Nicolson Calvert, 126.
Mr. Ross:
Tellers for the Noes, Mr. Tennyson, 99.
Lord Viscount Normanby:

So it was resolved in the Affirmative. Then the main Question being put, That leave be given to bring in a Bill to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford;

The House divided.
The Yeas went forth.
Tellers for the Yeas, Mr. Nicolson Calvert, 154.
Mr. Ross:
Tellers for the Noes, Lord Viscount Howick, 55.
Lord Viscount Normanby:

So it was resolved in the Affirmative: And that Mr. Nicolson Calvert and Mr. Benett do prepare, and bring it in.

Illusory Appointments Bill, ordered.

Ordered, That leave be given to bring in a Bill to alter and amend the Law relating to Illusory Appointments: And that Mr. Solicitor General and Mr. Attorney General do prepare, and bring it in.

Liability of Real Property Bill, ordered.

Ordered, That leave be given to bring in a Bill for consolidating and amending the Laws for facilitating the Payment of Debts out of Real Estate: And that Mr. Solicitor General and Mr. Attorney General do prepare, and bring it in.

Lunatics Property Bill, ordered.

Ordered, That leave be given to bring in a Bill for consolidating and amending the Laws relating to Property belonging to Infants, Femes Covert, Idiots, Lunatics and Persons of unsound mind: And that Mr. Solicitor General and Mr. Attorney General do prepare, and bring it in.

Property in Infants, &c. Bill, ordered.

Ordered, That leave be given to bring in a Bill for amending the Laws respecting Conveyances and Transfers of Estates and Funds vested in Trustees and Mortgagees, and for enabling Courts of Equity to give effect to their Decrees and Orders in certain cases: And that Mr. Solicitor General and Mr. Attorney General do prepare, and bring it in.

Contempt in Equity Bill, ordered.

Ordered, That leave be given to bring in a Bill for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro Confesso: And that Mr. Solicitor General and Mr. Attorney General do prepare, and bring it in.

Account of Sovereigns and Half Sovereigns, ordered.

Ordered, That there be laid before this House, an Account of the amount of Sovereigns and Half Sovereigns issued by the Governor and Company of the Bank of England, from 2d May 1828 to 31st December 1829, both inclusive:-also, of the same received by them during the same period; distinguishing the amount paid, the amount received, and the balance.

Address respecting Sovereigns.

Resolved, That an humble Address be presented to His Majesty, that He will be graciously pleased to give directions, that there be laid before this House, an Account of all Sovereigns and Half Sovereigns coined at the Mint for other Persons than the Bank of England, from 2d May 1828 to 31st December 1829, both inclusive.

Ordered, That the said Address be presented to His Majesty, by such Members of this House as are of His Majesty's most honourable Privy Council.

Committee on Motion for Supply.

A Motion was made, and the Question being proposed, That the Order of the day, for the House to resolve itself into a Committee of the whole House, upon the Motion made upon Monday last, "That a Supply be granted to His Majesty," be now read;

And the House having continued to sit till after twelve of the clock on Friday morning;