Journal of the House of Lords: Volume 62, 1830. Originally published by His Majesty's Stationery Office, London.
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Die Martis, 30 Martii 1830.
Ld. Provost, &c. of Edinburgh v. Bruce et al:
After hearing Counsel, as well on Tuesday last as this Day, upon the Petition and Appeal of The Right Honorable Walter Brown, Lord Provost of the City of Edinburgh; Robert Smith, Claud Muirhead, Archibald Lawrie and Robert Ritchie, Esquires, Baillies; James Hill Esquire, Dean of Guild; and Adam Luke Esquire, Treasurer; for themselves and their Successors in Office, as representing the whole Council and Community of the said City; and Patrick Sandeman, Collector of the City of Edinburgh's Shore Dues at Leith; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 12th of May 1825 (except in so far as the former of these conjoins the Two Processes, and the latter of these finds that the Chain Pier at Trinity is within the Port of Newhaven, and in so far as both recognize the Right of the Petitioners to exact Dues, whether Vessels enter the Harbour or not;) also of Two Interlocutors of the said Lord Ordinary, of the 12th of May 1826; also of Two Interlocutors of the Lords of Session there, of the Second Division, of the 16th of May 1827; and also of Two Interlocutors of the said Lords, of the 23d of June 1827; and praying, "That the same might be reversed, varied or altered, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of William Bruce, Merchant in Edinburgh, and others, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutors Affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House, and that the Interlocutors therein complained of, be, and the same are hereby Affirmed: And it is further Ordered, That the Appellants do pay or cause to be paid to the said Respondents the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.
Sir J. Montgomery et al. v. Maxwell.
Ouchterlony v. Ld. Lynedoch, & Macdonald.
Ordered, That the Hearing of the Cause wherein John Ouchterlony Esquire is Appellant, and General Thomas Lord Lynedoch and William Macdonald Esquire are Respondents, which stands appointed for this Day, be put off to Monday next.
Denchfield et al. v. Strong.
Ordered, That the Hearing of the Cause wherein John Denchfield, and others, are Appellants, and The Reverend Philip Strong Clerk is Respondent, which stands appointed for Friday next, be put off to Monday next.
James & Spencer v. Price & Gott.
Ordered, That the Hearing of the Cause wherein Thomas James and James Spencer are Appellants, and James Price and William Augustus Gott are Respondents, which stands appointed for Friday next, be put off sine Die.
Cultivation of Cotton & Tobacco in the East Indies, Correspondence respecting, delivered, & referred to East India Com ee
"Copies of any Correspondence which has passed between the Committee of Privy Council for Trade, the Commissioners for the Affairs of India, and the Court of Directors of The East India Company, and of any Letters which have been addressed by the said Court, in the Public Department, to their Governments in India, since the 26th of July 1828, relative to the Cultivation of Cotton and Tobacco in the East Indies."
Ordered, That the said Paper be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.
East India, &c. Trade, Petitions for opening, referred to East India Com ee: (Incorporation of Wrights, Perth:)
Upon reading the Petition of Charles Scott, present Deacon, and Thomas Taylor, present Box Master of the Wright Incorporation of Perth, for themselves, and as representing the said Incorporation; praying their Lordships "to remove the Restrictions with which the Commerce of this Country to India is at present fettered; and to throw open the Trade to China under such Regulations as to their Lordships may seem proper:"
Provost, &c. of Linlithgow:
Upon reading the Petition of The Provost, Magistrates and Town Council of the Royal Burgh of Linlithgow, under their Common Seal; praying, "That their Lordships will adopt such Measures as may afford greater Facilities to the Extension of the Trade with India and China, and that the existing Monopoly of The East India Company may not be renewed:"
Heage & Morley Park:
And also, Upon reading the Petition of the Inhabitants of Little Eaton, in the County of Derby, whose Names are thereunto subscribed; severally praying, "That such Regulations may be adopted by the Wisdom of their Lordships as may be the Means of promoting a free Commercial Competition among all Classes of His Majesty's Subjects, and that they may be admitted to the full Exercise of their Rights to a Trade with the Empire of China, and all other Countries of the East, thus advancing the Prosperity and Welfare of all Parts of the British Dominions:"
Incorporation of Stirling.
Upon reading the Petition of the Incorporation of Guildry or Merchants in the Burgh of Stirling; praying their Lordships, "That on the Expiry of the Charter of The East India Company such Measures may be adopted as shall secure to His Majesty's Subjects an unrestricted Right of Trade with China and the East Indies:"
Criminal Laws, Petitions for Alteration of: (Derby:)
Upon reading the Petition of the Bankers, Merchants and Manufacturers of the Borough of Derby and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That, in the Laws for the Prevention and Punishment of Forgery, upon which the Wisdom of their Lordships is about to be exercised, they will be pleased to enact that the Penalty of Death shall henceforth be abolished; and that they will further be pleased to enact, in place thereof, such other Penalty or Penalties as the Importance of effectually preventing the Perpetration of a Crime so eminently destructive of Commercial Credit renders necessary, and as to the Wisdom of their Lordships shall seem meet:"
Upon reading the Petition of the Inhabitants of the City of Exeter and Neighbourhood, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to take into Consideration the Enactment of our Penal Code affixing to the Crime of Forgery the Punishment of Death, with the view to substitute a Punishment better adapted to the Offence, and more likely to restrain the Perpetration of Forgery than that which the Law at present prescribes:"
Upon reading the Petition of the principal Inhabitants and Bankers of the Town of Farringdon, in the County of Berks, and its Neighbourhood, whose Names are thereunto subscribed; praying their Lordships, "both for the better Protection of Property and the invariable Prosecution and adequate Punishment of the heinous Offence of Forgery, that instead of the Penalty of Death, there may be substituted one better adapted for effecting these important Ends:"
Upon reading the Petition of the Inhabitants of the Borough of Banbury and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to make such Amendments in that Part of the Criminal Law which relates to Capital Punishments as may lead to the Abolition of their Frequency:"
Members of South Place Chapel, Finsbury Square.
Upon reading the Petition of the Unitarian Protestant Dissenters assembling for Public Worship in the Chapel in South Place, Finsbury Square, London, whose Names are thereunto subscribed; praying their Lordships, "by lessening the Number of Offences to which the Punishment of Death is at present affixed, to conduce to the Repression of Crime, the equal Administration of Justice, the Security of Property and of Person, the Honor of our Religion, and the Welfare of our Country:"
Distress of the Country, Petition from Woodchurch respecting.
Upon reading the Petition of the Owners and Occupiers and other Inhabitants of the Parish of Woodchurch, in the County of Kent, whose Names are thereunto subscribed; praying their Lordships, "That in their Wisdom a Remedy may be found for the Petitioners Sufferings, convinced that their State of Distress, and the Abandonment of a productive District to waste, cannot be of public Utility:"
Distress of the Country, Petition from Bedfordshire respecting, & for Repeal of the Malt Duty.
Upon reading the Petition of the Freeholders and Inhabitants of Bedfordshire, whose Names are thereunto subscribed; taking notice of the Distress under which most Classes, and in particular all dependent upon Agriculture, labour; and praying their Lordships, "That the Duty on Malt may be repealed; that the Agriculture and Manufactures of this Kingdom may be amply protected; and that the State of the Labouring Classes may be taken into Consideration by this House:"
Muskett's Divorce Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Joseph Salisbury Muskett Esquire with Mary Muskett his now Wife, and to enable him to marry again; and for other Purposes."
Message to H.C. with it.
Dorchester Road Bill:
Gainsburgh & East Retford Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road from the West End of Gainsburgh Bridge to East Retford, and to Gringley-on-the-Hill, in the County of Nottingham."
Messages to H.C. that the Lords have agreed to the 2 preceding Bills.
Disabilities of the Jews, Petitions from Eastern Division of London, & T. Flanagan for Removal of.
Upon reading the Petition of the Inhabitants of the Eastern Division of the City of London, professing the Jewish Religion, whose Names are thereunto subscribed; praying their Lordships "to take into Consideration the Disabilities under which the Jews of Great Britain labour; and to grant to them such Privileges as to Justice may appear reasonable:"
Upon reading the Petition of Thomas Flanagan Gentleman, praying their Lordships "to take the Disabilities under which the Jews labour into Consideration; to repeal the Irish Naturalization Act of the 23d and 24th of George 3d, C. 38, by which the Jews are precluded the Possibility of living in Ireland; and to grant the Jews all the Privileges and Advantages of free-born Subjects, upon their taking the usual Oaths on the Old Testament only:"
Delivery of Post Letters, Petition of J. Wheel respecting.
Upon reading the Petition of John Wheel of Sovereign Street, Edgeware Road, Wine and Spirit Merchant, and Proprietor of the Rent Day Inn; praying their Lordships "to extend the Advantages of a timely and properly cheap Delivery of General and Two-penny Post Letters to the Inhabitants of Sovereign Street, Edgeware Road, Connaught Place, Connaught Square, Connaught Terrace, and to the Parishioners of Paddington:"
Rawcliffe Inclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and inclosing certain Moss and other Grounds in the Manors and Townships of Out Rawcliffe and Middle Rawcliffe, and Stalmine with Stainall, in the Parishes of Saint Michael-upon-Wyer and Lancaster, in the County Palatine of Lancaster."
Convention with Austria, delivered.
Carmarthen Roads Bill.
With a Bill, intituled, "An Act for more effectually maintaining and repairing several Roads from Carmarthen to Lampeterpontstephen, so far as relates to the Carmarthen District of Roads, and certain other Roads in the said County of Carmarthen;" to which they desire the Concurrence of the House.
Brecon, &c. Roads Bill.
With a Bill, intituled, "An Act for more effectually repairing and improving several Roads in the Counties of Brecon, Radnor and Glamorgan; and for making and maintaining several new Branches of Road to communicate therewith;" to which they desire the Concurrence of this House.
Haddenham Inclosure Bill.
Contracts for Timber for The King's Dock Yards, Returns respecting, delivered.
"A Return of all Contracts for Timber for the Use of His Majesty's Dock Yards since the 1st of January 1810; specifying the Quantity and Quality of each Denomination of Timber, the Country where grown, the Price per Load of 50 Cubic Feet, (except the Price upon such Contracts as may be now in Operation,) and the Amount of Duty paid on Timber of Foreign Growth."
Catterick Bridge Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for maintaining the Road from Catterick Bridge, in the County of York, by the Towns of Yarm and Stockton, and through the Town of Sedgefield, to the City of Durham."
Carmarthen & Brechfâ Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually amending, improving and maintaining the Road leading from Nantgaredig to Brechfâ, and from Brechfâ to the River Tivy near Llanllooney Church, and also a Road from Brechfâ aforesaid to Llansawel, all in the County of Carmarthen."
East Retford Witnesses Indemnity Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to indemnify Witnesses who may give Evidence, before the Lords Spiritual and Temporal, on a Bill to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford."
County Palatine of Durham 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 for extending certain Provisions of an Act of the Eighth Year of Queen Anne, for the better Security of Rents, and to prevent Frauds committed by Tenants regarding Executions, to certain Process in use within the County Palatine of Durham and Sadberge."
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the Time limited for those Purposes respectively until the Twenty-fifth Day of March One thousand eight hundred and thirty-one; to permit such Persons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the First Day of Hilary Term One thousand eight hundred and thirty-one; and to allow Persons to make and file such Affidavits, although the Persons whom they served shall have neglected to take out their Annual Certificates."
Berkeley Peerage, Claimant's Petition for Com ee to meet.
Upon reading the Petition of William Fitzhardinge Berkeley of Berkeley Castle, in the County of Gloucester, claiming the Dignity of Baron De Berkeley as a Barony by Tenure; praying, "That their Lordships will be pleased to appoint the Committee for Privileges to meet to consider of the said Claim on Wednesday the 5th Day of May 1830, or such other Day as to their Lordships may seem fit:"
Precious Metals raised in & exported from South America & Russia, &c. Address for.
Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to direct His Consuls in the different States of Central and South America to collect and transmit such Information as they may have it in their Power to collect with respect to the comparative Amount of the Precious Metals raised and exported in each Year previous to and since the Establishment of the Independence of those States, and the comparative Proportions of Gold and Silver during both Periods; and also that His Majesty will be graciously pleased to direct His Consul at St. Petersburgh to transmit any Information he can procure with respect to the Amount of Gold or other Precious Metals raised in or exported from the Russian Dominions in the Course of the last Ten Years; and also that His Majesty will be graciously pleased to direct that there be laid before this House the Examinations or Extracts from the Examinations taken before the Privy Council in the Year 1828 relating to the Standard of Gold and Silver; and also an Account of Per-centage paid to Captains of His Majesty's Ships of War and Captains of Packets for Freight of the Precious Metals in each of the last Ten Years.
Wallis Leave for a Divorce Bill:
A Petition of Thomas Wallis of Tiberton Court, in the County of Gloucester, Esquire, praying their Lordships, "That Leave may be given to him to bring in a Bill to dissolve his Marriage with Charlotte Augusta Amelia Wallis, and to enable him to marry again," being offered to be presented to the House;
And being called in accordingly, and sworn at the Bar, delivered a Copy of the Proceedings for a Divorce a Mensâ et Thoro, and the Definitive Sentence of Divorce in the Consistory Court of Gloucester, intituled, "Wallis against Wallis," which he said he had examined with the Originals, and that the same were true Copies:
Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Thomas Wallis Esquire with Charlotte Augusta Amelia his now Wife, and to enable him to marry again; and for other Purposes."
Order for 2d Reading:
Ordered, That the said Bill be read a Second Time on Thursday the 22d of April next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Thomas Wallis may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Charlotte Augusta Amelia may have a Copy of the Bill, and that Notice be given her of the said Second Reading; and that she be at liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.
Petitioner to attend:
Ordered, That Thomas Wallis Esquire do attend this House on Thursday the 22d of April next, in order to his being examined upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Wallis Esquire with Charlotte Augusta Amelia his now Wife, and to enable him to marry again; and for other Purposes," if the House shall think fit, whether there has or has not been any Collusion, directly or indirectly, on his Part, relative to any Act of Adultery that may have been committed by his Wife; or whether there be any Collusion, directly or indirectly, between him and his Wife, or any other Person or Persons, touching the said Bill of Divorce, or touching any Proceedings or Sentence of Divorce had in the Ecclesiastical Court at his Suit, or touching any Action at Law which may have been brought by him against any Person for Criminal Conversation with his the said Thomas Wallis's Wife; and also whether, at the Time of the Adultery of which he complains, his Wife was, by Deed, or otherwise by his Consent, living separate and apart from him, and released by him, as far as in him lies, from her conjugal Duty, or whether she was, at the Time of such Adultery, cohabiting with him, and under the Protection and Authority of him as her Husband.
Witnesses to attend on 2d Reading.
Ordered, That William Holmes, Richard Hughes, Edward Hewitt, Edwin Woodhouse, Elizabeth Woodhouse, James Sharp and Sarah Rose do attend this House on Thursday the 22d of April next, in order to their being examined as Witnesses upon the Second Reading of the last-mentioned Bill.