House of Lords Journal Volume 64
1 March 1832

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74, 75, 76, 77

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'House of Lords Journal Volume 64: 1 March 1832', Journal of the House of Lords: volume 64: 1831-1832, pp. 74-77. URL: http://british-history.ac.uk/report.aspx?compid=19275 Date accessed: 29 July 2014.


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Die Jovis, 1° Martii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.
Archiep. Cantuar.
Ds. Brougham & Vaux, Cancellarius.
Epus. Lich. et Cov.
Epus. Bangor.
Epus. Carliol.
Epus. Roffen.
Epus. Cestrien.

Ds. Melbourne, Unus Primariorum Secretariorum.
Ds. Teynham.
Ds. Hay.
Ds. King.
Ds. Monson.
Ds. Sundridge & Hamilton.
Ds. Foley.
Ds. Suffield.
Ds. Auckland.
Ds. Selsey.
Ds. De Dunstanville & Bassett.
Ds. Redesdale.
Ds. Hill.
Ds. Clanbrassill.
Ds. Bexley.
Ds. Somerhill.
Ds. Seaford.
Ds. Tenterden.
Ds. Plunket.
Ds. Melros.
Ds. Stuart de Rothesay.
Ds. Rosebery.
Ds. Sefton.
Ds. Dover.
Ds. Panmure.
March. Lansdowne, Præses.
Ds. Durham, C. P. S.
Dux Norfolk, Marescallus.
Dux Devonshire, Camerarius.
Dux Richmond.
March. Queensberry.
March. Thomond.
March. Bristol.
Comes Westmorland.
Comes Shaftesbury.
Comes Cowper.
Comes Brooke & Warwick.
Comes Radnor.
Comes Bathurst.
Comes Carnarvon.
Comes Wicklow.
Comes Caledon.
Comes Rosslyn.
Comes Chichester.
Comes Gosford.
Comes Grey.
Comes Mulgrave.
Comes Vane.
Vicecom. Hood.
Vicecom. Lorton.
Vicecom. Gordon.
Vicecom. Goderich.

PRAYERS.

Clayton's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Robert Clayton Esquire with Alice Hugh Massy his now Wife, and to enable him to marry again; and for other Purposes;" and for hearing Counsel for and against the same; and for the Lords to be summoned;

The Lord Chancellor acquainted the House, "That the Clerk Assistant had laid on the Table of the House, A Report of the Proceedings upon the Trial of the Cause Clayton v. Franklyn, transmitted to him by Mr. Justice Bosanquet, pursuant to the Standing Order of this House."

Then Counsel were called in:

And Mr. Harrison and Mr. Hayter appearing as Counsel on behalf of the Petitioner; and no Counsel appearing for Mrs. Clayton;

Mr. Harrison was heard to open the Allegations of the Bill:

And William Stratford, William England, General Samuel Brown, Thomas Loftus, Mrs. Caroline Ann East and Mrs. Jane Allen having been examined as Witnesses in support of the Bill (fn. *) ;

The Counsel were directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off 'till To-morrow; and that the Lords be summoned.

Smith's Divorce Bill.

The Order of the Day being read for the further Consideration and Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Josiah Smith with Elizabeth his Wife, and to enable him to marry again; and for other Purposes;" and for the Lords to be summoned;

Counsel were accordingly Ordered to be called in:

And Mr. Courteen appearing as Agent for the Petitioner;

Henry Clarke was examined as a Witness in support of the Bill. (fn. †)

The Agent was directed to withdraw.

Then the said Bill was read a Second Time.

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.

Liverpool Cattle Market Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for establishing a Market in the Parish of Walton-on-theHill, in the County Palatine of Lancaster."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Sutton Pool Harbour Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue the Term and to alter and amend the Powers of an Act passed in the Fifty-first Year of the Reign of His Majesty King George the Third, for the Improvement of the Harbour of Sutton Pool, in the Port of Plymouth, in the County of Devon."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

Saltash Floating Bridge Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for establishing a Floating Bridge over the River Tamar, at or near Saltash Ferry, in the County of Cornwall."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

St. Luke's (Middlesex) Improvement Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to alter and enlarge the Powers of an Act of the Fiftieth Year of His Majesty King George the Third, for lighting and otherwise improving the Streets and other Public Places in the Parish of Saint Luke, in the County of Middlesex; and for placing under the Care of the Trustees certain Roads in the Parish which were lately Turnpike Roads."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

Metté's Naturalization Bill, Certificate read:

A Certificate from The Right Honorable The Viscount Melbourne, One of His Majesty's Principal Secretaries of State, "That Echardt Martin Metté, Son of Herman Metté by Catherine his Wife, born at Marburg, in the Electorate of Hessé Cassel, had produced to him satisfactory Proof that he is a Person well affected to His Majesty's Royal Person and Government, and of orderly Life and Conduct," was produced and read, pursuant to the Standing Order.

Metté takes the Oaths:

Echardt Martin Metté took the Oaths appointed, in order to his Naturalization.

Bill read 2 a & committed.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Echardt Martin Metté."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

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

Upon reading the Petition of the Inhabitants of the Parish of Marraugh, in the County of Cork, Ireland, whose Names are thereunto subscribed; praying their Lordships "to abolish Tithes altogether, and to leave the Support of the Established Clergy to those only who derive or think they derive Spiritual Benefit from their pastoral Functions:"

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

Ld. Trimlestown's Claim, Com ee put off.

Ordered, That the Sitting of the Committee for Privileges, to whom the Petition of John Thomas Baron Trimlestown of that Part of the United Kingdom 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, which stands appointed for To-morrow, be put off to Friday the 9th of this instant March.

Berners Peerage, Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of Robert Wilson of Didlington and of Ashwellthorpe, in the County of Norfolk, Esquire, One of the Co-heirs and eldest Representative of the ancient Barony of Berners, to His Majesty, praying, "That His Majesty will be graciously pleased to admit and allow his Claim as One of the right Heirs to the said Barony of Berners, and to terminate the Abeyance by issuing to the Petitioner a Writ of Summons to the Parliament of the United Kingdom;" together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed, stands referred, do meet to consider of the said Claim To-morrow; and that Notice thereof be given to His Majesty's Attorney General.

Marqs of Donegall v. Salt et al:

Upon reading the Petition and Appeal of The Most Honorable George Augustus Marquess of Donegall, complaining of a Decree of the Court of Chancery in Ireland, of the 20th of January 1832, which Decree was signed and entered on the 20th February 1832, and made in a certain Cause wherein John Stevenson Salt, John Towgood, John Ingram, James Strange, James Dashwood, Edward Howell and James Stevens, Assigness of John Agnew, and George Peacock, Esquires, were Plaintiffs, and The Most Honorable George Augustus Marquess of Donegall, William M'George, The Earl of Belfast, and Patrick Carroll, Administrator of Sir Edward May deceased, were Defendants; and praying, "That the same may be reversed or varied, or that the Appellant may have such further and other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that the said John Stevenson Salt, John Towgood, John Ingram, James Strange, James Dashwood, Edward Howell, James Stevens and George Peacock may be required to answer the said Appeal:"

It is Ordered, That the said John Stevenson Salt, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 5th Day of April next; and Service of this Order upon the Respondents Solicitor and Clerk in Court in the said Cause shall be deemed good Service.

Sir A. Chichester to enter into a Recogce on it.

The House being moved, "That Sir Arthur Chichester Baronet may be permitted to enter into a Recognizance for George Augustus Marquess of Donegall, on account of his Appeal depending in this House:"

The same was agreed to; and Ordered accordingly.

Baking Trade (Ireland) Bill, Report from Com ee:

The Earl of Shaftesbury reported from the Lords Committees appointed a Select Committee to enquire into the Expediency or Inexpediency of the Regulations contained in the Bill, intituled, "An Act to regulate the Baking Trade in Ireland;" and to report to the House; That the Committee had met, and considered the said Bill, and it appears to the Committee that it is expedient that the House should proceed in the Consideration of the said Bill."

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

Order for 2 a.

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

Clayton's Divorce Bill, Witnesses to attend.

Ordered, That Lady East, Lady Clayton, The Reverend John Browne, Miss Lloyd, Colonel Sir John Eustace, and The Honorable George Bingham commonly called Lord Bingham, do attend this House To-morrow, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Robert Clayton Esquire with Alice Hugh Massy his now Wife, and to enable him to marry again; and for other Purposes."

Foreign Ribbons, Petition from Nuneaton, &c. against Importation of.

Upon reading the Petition of the Owners of Property and Occupiers of Land in the adjoining Parishes of Nuneaton and Chilvers Coton, in the County of Warwick, whose Names are thereunto subscribed; praying their Lordships "to enquire whether the Re-enactment of the Laws prohibiting the Importation of Foreign Ribbons, under which the Ribbon Trade heretofore prospered, is not the only Means of saving the many Thousand Individuals who have been brought up therein from utter Ruin, and also of relieving the Petitioners from the oppressive Burthens of Poor and other Parish Rates:"

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

Mytholm Royd Bridge Road Bill.

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

With a Bill, intituled, "An Act for improving and maintaining the Road from or near Mytholm Royd Bridge, in the West Riding of the County of York, communicating with the Road at or near to the Sixth Milestone from Rochdale, in the County of Lancaster;" to which they desire the Concurrence of this House.

Doncaster & Bawtry Road Bill.

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

With a Bill, intituled, "An Act for more effectually repairing and otherwise improving the Road from Doncaster to Bawtry, in the County of York;" to which they desire the Concurrence of this House.

Permits Bill.

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

With a Bill, intituled, "An Act to consolidate and amend the Laws regulating the granting and issuing of Permits for the Removal of Goods under the Laws of Excise;" to which they desire the Concurrence of this House.

The said Three Bills were, severally, read the First Time.

Subletting Act Amendment (Ireland) Bill.

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

With a 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 Subletting of Lands and Tenements," and to substitute other Provisions in lieu thereof;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Orders in Council under the Cholera Prevention Acts delivered.

The Lord President laid before the House, pursuant to the Directions of several Acts of Parliament,

"Order of the Lords of the Council, of the 29th of February last, issued under the Act for the Prevention of Cholera in England:"

And also, "Order of the Lords of the Council, dated the 29th of February last, issued under the Act for the Prevention of Cholera in Scotland."

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Papers be printed.

Ld. Chancellors' Secretaries, (Ireland,) Papers respecting, Ordered.

Ordered, That there be laid before this House, "A Copy of the Appointment or Appointments of Richard M'Causland and Robert Long as joint Secretaries of The Lord Chancellor of Ireland, or, if appointed verbally, the Date and Terms of the Appointments; the Ages of the respective Parties at the Time of their Appointments; the Total Amount of the Emoluments of the Office of Secretary since their Appointment; by whom the same have been beneficially received, and in what Proportions; and the Number of Days in every Week in which such Secretaries have been employed in the Duties of their Office, distinguishing the Attendances of each:"

Also, "A Copy of the Appointment of Richard Lockwood Esquire as Secretary of The Lord Chancellor Manners, or, if appointed verbally, the Date and Terms of his Appointment; the Total Amount of the Emoluments of such Secretary from his Appointment during his Continuance in Office; by whom the same was beneficially received; and whether any and what Proportion of the same was paid to any other and what Person; and the Number of the Days in every Week such Secretary, or any Person appointed by him, was employed in the Duties of his Office, distinguishing the Attendances of each:"

And also, "A similar Return as to the Appointment of Robert Long Esquire by Lord Chancellor Hart, and of the Emoluments of his Office, and by whom beneficially received, and in what Proportion; and whether any Proportion of the same was paid to any other and what Persons; and the Number of the Days in every Week in which such Secretary, or any Person appointed by him, was employed in the Duties of his Office, distinguishing the Attendances of each."

Postage (Ireland) Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable His Majesty's Postmaster General to extend the Accommodation by Post, and to regulate the Privilege of Franking, in Ireland; and for other Purposes relating to the Post Office."

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.

Aliens Act, Petition from Dublin respecting Case of Count Czapski.

Upon reading the Petition of the Inhabitants of the Parishes of the City of Dublin, in that Part of the United Kingdom called Ireland, whose Names are thereunto subscribed; taking notice of the Arrest and Punishment by Fine of Count Joseph Napoleon Czapski, a Native of Poland, for an unintentional Infraction of the Aliens Act; and praying their Lordships "to take such Steps as may be best calculated to vindicate the Character and Nature of the British Laws; and to cause a strict Investigation to be instituted into all the Facts of this Case, with a view to a Redress and Reparation of the Injury sustained, and the Punishment of the guilty:"

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

Mills & Factories, Petition from Rochdale for regulating the Hours of Labour in.

Upon reading the Petition of the Inhabitants of the Town and Neighbourhood of Rochdale, whose Names are thereunto subscribed; praying their Lordships "to restrict the actual working of Children in all the Mills and Factories of the United Kingdom to Ten Hours per Day during Five Days of the Week, and to Eight Hours on the remaining Day; and to prevent any Child under Nine Years of Age from being employed in any Factory or Mill:"

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

Plurality of Benefices Bill.

Ordered, That the Bill, intituled, "An Act to restrain and regulate the holding of Plurality of Dignities and Benefices by Spiritual Persons," be read a Second Time on Monday next; and that the Lords be summoned.

Common Law Courts Process Bill presented.

The Lord Tenterden presented to the House a Bill, intituled, "An Act for Uniformity of Process in Personal Actions in His Majesty's Courts of Law at Westminster."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem instantis Martii, horâ decimâ Auroræ, Dominis sic decernentibus.

Footnotes

* The Evidence of these Witnesses is printed in the Appendix to this Volume. Vide Appendix, No. 3. (B.)
The Evidence of this Witness is printed in the Appendix to this Volume. Vide Appendix, No. 3. (A.)