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HOUSE OF LORDS.

WEDNESDAY, AUGUST 5.

Several bills on the table were forwarded in their respective stages.

Mr. Hobhouse, and several other members of the House of Commons, brought the philanthropic annuity institution bill, and several bills returned with the amendments of the lords agreed to.

On the first reading of the philanthropic annuity institution bill (to enable the society to sue in the name of their treasurer),

The Lord Chancellor observed, that it had lately become a practice for societies of this description not to apply for a charter of incorporation, which would impose certain duties on them for the benefit of the public, but to come to Parliament with these bills, in order to obtain just so much of a corporate capacity as suited their own convenience. He thought, therefore, that these bills should be looked to with great jealousy, and he should take an opportunity in another stage of the bill, of delivering his sentiments upon the subject.

The bill was read a first time, and ordered to be printed. The order of the day for receiving the report of the traders' assets bill was, on the motion of the Lord Chancellor discharged, and the bill ordered to be committed to

morrow.

Lord Holland presented a petition from the merchants and inhabitants of Liverpool against the East India bonds' bill, which could not be received the preceding day, but which had been since altered, agreeable to the forms of the House. Ordered to lie on the table.

Lord Hawkesbury moved the third reading of the bill. Lord Holland said he did not mean to object to the third reading; but, at the same time, he wished that the subject could have been brought forward at a period when there was a fuller attendance to discuss it.

The bill was read a third time and passed.

Lord Holland, after referring to the standing order, which declares that protests should be entered before two o'clock, and signed by the lords protesting before the rising of the House, on the day of sitting succeeding the decision protested against, stated, that in consequence of the unexpected rejection of the offices in reversion bill the pre

ceding day, a protest against that decision had been regu larly entered, but that it was wished to make an alteration in two of the reasons alledged in the protest. From the unexpected rejection of that bill, and the shortness of the period which had since elapsed, he was induced to hope that their lordships would allow such an alteration to be made, and also that those lords who wished to sign it might have time till the rising of the House the next day. His lordship moved to that effect.

The Lord Chancellor observed, that it always had been the practice of the House to keep a tight hand over the privilege of protesting, and he thought the order ought in general to be rigidly adhered to. In the present instance, the lords protesting had stated their reasons at great length, and he did not see any necessity for granting any further permission.

After a few words from Lord Holland, in reply, the motioned was negatived. Adjourned.

HOUSE OF COMMONS.

WEDNESDAY, AUGUST 5.

The order for considering the petition relative to the Carrickfergus election, was discharged, in consequence of no sureties having been entered by the petitioner.

The accounts moved for by Mr. C. Johnstone, relative to payments made by army agents, and balances remaining in their hands, were laid on the table.

Upon the motion of Mr. Huskisson, leave was given to bring in a bill to empower the commissioners appointed to examine the accounts of the late barrack master general (General Delancey), finally to audit these ac

The honourable member, in making the motion, stated that the bill was necessary, in order to enable those commissioners to carry into effect the object of their appoinment, in consequence of the third report of the military commissioners. The bill was afterwards brought in, read a first and ordered to be read a second time.

The report of the Irish arms prevention bill was brought up, agreed to, and, after some amendinents were introduced, ordered to be read a third time on Friday. The only amendment of any consequence was adopted on the . motion of Mr. Lushington, that magistrates should not impose the penalty prescribed for not registering arms

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605 upon those who might not have done so through accidental circumstances, and not through, wilful neglect.

The Attorney General obtained leave to bring in a bill to release from the claims of the crown certain real and personal property of General Delancey's. The right honourable gentleman stated the object of the bill to be to facilitate the sale of the property by securing the title of the purchaser, and to vest the produce of the sale in the bands of trustees for the payment of the debts which might appear due to the crown. The bill was brought in, read a first, and ordered to be read a second time.

Upon the motion of Mr. Wharton, the appointment of a ballot for the consideration of the petition relative to the Saltash election was fixed for the 1st of September next; to which it was postponed from the 13th instant.

Sir C. Pole after some prefatory remarks upon the acknowledged propriety of having the doors of that House thrown open for the petition of any individual who couceived himself subject to a public grievance, upon which principle he felt it his duty to present the petition to which he meant to refer, moved that the petition of Major Ayre should be referred to the consideration of a private committee. This petition the honourable baronet observed was the last resource of the petitioner, after he had found all applications for redress to the admiralty, the treasury, and the privy council compleatly fruitless..

The Chancellor of the Exchequer was glad that this petition had been presented, and that the consideration of the House had been distinctly drawn to it; because an opportunity was thus afforded to communicate to all the parties concerned a knowledge of the grounds upon which government had acted; which knowledge he had no doubt would fully justify government for their conduct upon the subject. The circumstances of the case were these: the petitioner applied, as the representative of Captain Ayre, for his share of the prize-money arising out of the capture of the settlement of Chinsurah. After an investigation of the petitioner's claim, in conjunction with that of others who had a claim upon the same occasion, the Court of Admiralty decreed in their favour. But that decree was suspended upon this ground. The Dutch East India company appealed to the Court of Chancery, against the East India company of this country, upon the subject of this capture; and such appeal being communicated to the

Court

Court of Admiralty, that court thought proper, very justly, to suspend its decree. As to the delay which had occurred in the prosecuting the appeal of the Dutch East India company, it was easily accountable for, because we had been, since the appeal, for the greater part at war with Holland. But when the war ceased, the successors of the Dutch East India company might resume their appeal to the Court of Chancery; and if that court should decide in their favour, after the suspension of the decree made by the Court of Admiralty had been taken off, the consequence would be, that the money paid under that decree, must be refunded. It was with a view to prevent such a confusion, that the crown officers declined to prosecute the appeal which the petitioner and others had thought proper to prefer against the suspension of the Admiralty decree. These were the grounds upon which the privy council, before whom this case underwent an investigation, acted, with regard to the applications of this petitioner, against whom it was impossible that they could entertain any prejudice, and the right honourable gentleman trusted these grounds were such as to induce the House to be of opinion that the petition ought not to be entertained. He could not, indeed, see any use to refer such a petition to a committee, for such a reference could only serve to encourage expectations in the petitioner which must be ultimately disappointed.

The motion was rejected.

Mr. Barham brought in a bill for securing dispatch in the delivery of writs of election, &c. Read a first, aud ordered to be read a second time.

Mr. Foster brought in a bill to sanction the issue of 500,000. of exchequer bills for the service of Ireland. Read a first and ordered to be read a second time.

The Secretary at War moved the third reading of the military canal bill.

A member moved a clause to secure indemnity to such as might suffer in their tythes by the use which was to be made of lands in consequence of this bill.

The Secretary at War was sorry to be under the neces sify of opposing this clause. But it proceeded upon a principle which, if established, would go to a great length indeed. The proprietor of the land was at liberty to make any use of it he pleased, and it might never be so used as

to

to become liable to tythe, of course the principle of this clause could not be sustained.

Mr. Fuller thought the indemnity referred to in the clause entitled to consideration, and hoped it would be regarded by the bench of bishops. The honourable member was proceeding in his remarks upon what ought to be the conduct of the bishops, when

The Speaker called him to order, observing that that House could not enter into the consideration of such subjects.

The Chancellor of the Exchequer conceived the ground of the clause totally untenable. He put a case, whether if a canal of this nature were to run through swampy grounds, and that in consequence of the ground on its banks being drained became capable of cultivation and liable to afford tythes, the clergy would like to be called upon compulsorily to contribute to the expence of such a canal; obviously they would not like it. Then upon what principle of justice could they claim an indemnity for tythes, upon the assumption that certain land would be so applied as to yield tythes. The House must perceive the extent to which such a principle as this clause restedupon might be carried, and how untenable such a principle was.

The clause was rejected and the bill was passed.

Mr. Bankes gave notice that he would on Friday next, bring forward a motion grounded on the resolution of the House on the 27th of March last, relative to the granting of offices in reversion.

Mr. Dent postponed until the next day, his notice with regard to a bill for making further regulations in the law respecting elections.

The consolidated fund bill was committed, and the report ordered to be brought up the next day.

MILITIA TRANSFER BILL.

Lord Castlereagh moved the third reading of the militia transfer bill.

Colonel Stanley rose to oppose this measure, from which he was perfectly convinced no benefit could derive to the country equal to the permanent disadvantage which would result from it to that constitutional force, the militia. But from what had occurred of late years, and particu larly in this instance with regard to the militia, he could.

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