Journal of the House of Lords: Volume 62, 1830. Originally published by His Majesty's Stationery Office, London.
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Die Lunæ, 14 Junii 1830.
Ker & John ston v. Bell et al.
The Answer of John Bell Esquire, of Dunnabie, one of the Cautioners to The Leith Banking Company, Leith, for Archibald Scott, Writer in Langholm, as Agent for the said Banking Company, and Percy Hedley at Beanshaugh, Robert Scott at Todshawhaugh, Alexander Hay Borthwick at Hoperigg, Thomas Stavert at Larchtree, Richard Davidson at Swinnie, and George Davidson, Merchant in Jedburgh, the Testamentary Trustees of the deceased Walter Jardine of Thorlieshope, another of the Cautioners to the said Banking Company for the said Archibald Scott, to the Petition and Appeal of James Ker and Henry Johnston Esquires, Managers to and for behoof of the said Banking Company, was this Day brought in.
Ouchterlony v. Ld. Lynedoch, & Macdonald.
Morrison et al. v. Mitchell.
Thomson v. Forrester.
Turner v. Gibb & Macdonald.
Capital Punishments (Scotland) Bill.
With a Bill, intituled, "An Act to amend an Act of the Ninth Year of His present Majesty, to facilitate Criminal Trials in Scotland; and to abridge the Period now required between the pronouncing of Sentence and Execution thereof, in Cases importing a Capital Punishment;" to which they desire the Concurrence of this House.
Marquis of Hastings's Estate Bill.
To return the Bill, intituled, "An Act for vesting the Settled Estates of The Most Honorable George Augustus Francis Rawdon Hastings Marquis of Hastings, situate in Scotland, in the said Marquis in Fee;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Emeris's Estate Bill.
To return the Bill, intituled, "An Act for confirming a Partition made by George Marmaduke Alington and Samuel Rowe Esquires, of Estates in the County of Lincoln devised in undivided Moieties by the respective Wills of Sarah Rowe and Elizabeth Rowe deceased;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Franklen's Estate Bill.
To return the Bill, intituled, "An Act for carrying into Effect a Contract entered into for the Sale of certain Freehold and Leasehold Estates in the Parishes of Merthyr Maur, Saint Brides Major and Coitee, in the County of Glamorgan, the Estate of Richard Franklen Esquire, to The Right Honorable Sir John Nicholl Knight, and for applying the Money thence arising in the Purchase of other Estates, to be settled to the same Uses as the Estates sold;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Humbert's Naturalization Bill.
Gordon's Estate Bill.
To return the Bill, intituled, "An Act for vesting Part of the Estates devised by and settled to the Uses of the Wills of James Gordon Esquire, and of his Son James Gordon Esquire, both deceased, situate in the Counties of Hertford and Somerset, and in the Island of Antigua, in the West Indies, in Trustees, to be sold, and for laying out the Monies thence arising in the Purchase of other Estates; and for other Purposes;" and to acquaint this House, That they have agreed to the same, without any Amendment.
D. of Argyll's Estate Bill.
To return the Bill, intituled, "An Act for empowering George William Duke of Argyll and his Trustee to borrow a Sum of Money, and to make it a Charge on the Estate of Argyll, upon certain Conditions;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Original Report from Com ee of H.C. on 18th Report of Com rs of Judicial Enquiry in Ireland, delivered.
"The Original Report made by the Select Committee appointed to take into Consideration the Eighteenth Report of the Commissioners of Judicial Enquiry in Ireland, together with the Depositions forwarded to those Commissioners by Sir Jonah Barrington, Judge of the High Court of Admiralty in Ireland, and other Papers connected with the Conduct of Sir Jonah Barrington in the Discharge of his Judicial Functions, and to report their Observations thereupon to the House."
Hickson's Marriage Annulling Bill, Buxton's Petition respecting.
Upon reading the Petition of Thomas Buxton, formerly of Stenson, in the County of Derby, Farmer, and now a Prisoner in the Castle of Lancaster, setting forth, "That at the Spring Assizes for the County of Lancaster 1829, the Petitioner Thomas Buxton, Mary Ann Buxton Spinster, his Sister, William Webster of Derby, Sheriff's Officer, Erasmus Webster, formerly of Derby, but late of Manchester, Attorney at Law, and Benjamin Wild of Manchester, Innkeeper, were indicted for having conspired to effect a Marriage between the Petitioner, the said Thomas Buxton, who was then Twenty-two Years of Age, and Elizabeth Hickson of Stenson aforesaid, Spinster, who was then Eighteen Years of Age, without due Publication of Banns; that is to say, by causing the Banns of Marriage to be published at the Collegiate Church at Manchester, instead of the Parish of Barrow, where the Petitioner and the said Elizabeth Hickson lived: That the Petitioner Thomas Buxton, Erasmus Webster, William Webster and Benjamin Wild, were also indicted for having wilfully and feloniously caused a false Entry to be made in the Register of Banns of the said Collegiate Church at Manchester; and the Petitioner Thomas Buxton, and Benjamin Wild, were also separately charged by Two other Indictments with having caused a like false Entry to be made in the Register of Marriages of the same Church: That the Petitioner was arrested upon Warrants on these Indictments for Felony, and was compelled to give Bail in very heavy Sums for his Appearance, and to take his Trial upon the Charges of Felony; and he prepared and delivered Briefs to Counsel, and took many Witnesses from the Neighbourhood of Derby to Lancaster, at a great Expence, for his Defence against the same Charges: That when the Three Indictments for Felony were called on, the Prosecutor declined to offer Evidence upon any of them, and the Petitioner and all the other Defendants were acquitted upon those Indictments: That in fact it appeared, and was proved by the Prosecutor's Witnesses, on the Trial of the Conspiracy after mentioned, that neither the Petitioner nor any of the other Parties indicted had ever seen nor did they know the Contents of the Register of Banns containing the alleged false Entry; and it was also proved that such Part of the Entry in the Register of Marriage as was charged to be false was made after the Petitioner and the other Parties had signed the Book and left the Church, and that they had no Knowledge whatever of such alleged false Entry; and it further appeared, that it was not the Practice of the Persons in Authority at the said Collegiate Church to make any Enquiries as to the Residence of Parties applying to be married; and the Petitioner therefore affirms, that the Charges of Felony were made without any reasonable or probable Grounds: That the Petitioner Thomas Buxton, William Webster and Erasmus Webster, were found guilty of having conspired to effect a Marriage in the Manner before mentioned, without a due Publication of Banns, and the said Mary Ann Buxton and Benjamin Wild were acquitted: That the Petitioner was anxious to have had Miss Hickson examined upon the Trial, and actually paid the Expences of her Journey to and from Lancaster for that Purpose; but the Prosecutor having abandoned the Indictment for Felony, the Petitioner was deprived of the Opportunity of examining Miss Hickson, and the Evidence of Miss Mary Ann Buxton (who was acquitted) was also excluded, by her having been made a Defendant in the Indictment for Conspiracy, and the Petitioner was thus prevented from bringing before the Court and Jury the true History of the Transaction: That on Wednesday the 12th of May last past Leave was given to bring into their Lordships House a Bill to declare void the said Marriage between the Petitioner and the said Elizabeth Hickson: That the Petitioner has, by the Kindness of his Friends, been afforded the Assistance of Counsel, but by reason of the very heavy Expences (amounting to £600 and upwards) he has incurred in defending the multiplied and for the most part groundless Prosecutions against him, the Petitioner is rendered utterly unable, from his own Means, to employ Professional Persons to oppose the said Bill, or to pay the Expence of bringing up the necessary Witnesses: That Mary Ann Buxton, the Sister of the Petitioner, Ann Redfern, the Wife of William Redfern of Stenson, near Derby, Thomas Harrison of Stenson, Benjamin Wild of Manchester, Innkeeper, Sarah Wild, his Niece, and Mary Linney, the Chambermaid in the said Benjamin Wild's House, John Sudlow of Manchester, Attorney at Law, and Thomas Cockayne of Derby, are, as the Petitioner has been advised and believes, important and necessary Witnesses in this Case, inasmuch as the said Mary Ann Buxton, Ann Redfern and Thomas Harrison can prove the Intimacy and Attachment which for a long Time existed between the Petitioner and the said Elizabeth Hickson, and that the Petitioner used no improper Means to gain her Affections; and the said Benjamin Wild, Sarah Wild and Mary Linney can depose to Circumstances at Manchester shewing that the said Elizabeth Hickson was most anxious to have the said Marriage completed; and the said John Sudlow can prove that the Legal Proceedings adopted against the said Elizabeth Hickson, mentioned in the Recitals of the Bill, were taken by and at the sole Expence of some Friends of the before-mentioned Erasmus Webster, purposely to elicit the full Particulars relative to the Elopement and Marriage, and to shew that the said Erasmus Webster was but slightly implicated in the Business; and that such Proceedings were not adopted by or at the Request, Direction or Expence of the Petitioner or his Friends in anywise; and the said Thomas Cockayne can give Evidence, confirmed by written Documents, which, as the Petitioner is advised and believes, will tend in a very material Degree to invalidate the Testimony given at the Bar of their Lordships House by One of the Witnesses examined in support of the Bill;" and therefore praying, "That their Lordships will not pass the Bill for annulling the said Marriage until the before-named Witnesses have been examined before their Lordships; and that their Lordships will give such Directions for their Attendance at the Bar of their Lordships House, as to their Lordships shall seem fit:"
Carmichael et al. v. Willson, et e con:
After hearing Counsel on Monday the 23d and Monday the 30th Days of March, and Monday the 6th Day of April 1829, upon the amended Original Petition and Appeal of Jane Carmichael, Widow of Andrew Carmichael deceased, Walter Bourne and Elinor his Wife, George Gibbs and Jane his Wife, Hugh Carmichael and Jane Carmichael, Executors of Andrew Carmichael deceased, Zachariah Carmichael, said Hugh Carmichael and James Carmichael, all of the City of Dublin; complaining of a Decretal Order of the Court of Chancery in Ireland, of the 31st of May 1826, and praying, "That the same might be reversed or varied, or that the Appellants might have such other and further Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" and likewise upon the Cross Appeal of Thomas Willson of the City of Dublin, Attorney at Law, Executor of the last Will and Testament of Andrew Carmichael, late of said City, Attorney, deceased; complaining of Two Orders and Decrees of the Court of Chancery in Ireland, of the 13th of July and 6th of December 1825, and praying, "That the same might be reversed or varied, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Thomas Willson Esquire, put in to the said Original Appeal; and also upon the joint and several Answer of Jane Carmichael, Widow of the Testator Andrew Carmichael deceased, Walter Bourne, Elinor his Wife, George Gibbs, Jane his Wife, Hugh Carmichael and Jane Carmichael, Executors of Andrew Blair Carmichael deceased, Zachariah Carmichael, Hugh Carmichael and James Carmichael, put in to the said Cross Appeal; and due Consideration had, as well on Monday the 5th and Thursday the 8th Days of April last, as this Day, of what was offered on both Sides in these Causes:
Order varied & Cause remitted.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decretal Order, complained of in the said Original Appeal, be varied, by declaring that the Master should be directed, in taking the Accounts, to make a Rest, and state the Balance at the End of each Year, and to charge the Executor with Interest on such Balance, and to apply such Interest as may be so found due from him in each Year, in the first place towards his future Payments, before any Application is made of the Principal Money; and that it be referred back to the Master, to take and carry on the subsequent Accounts, in like Manner, from the 5th December 1824: And it is further Ordered, That with this Declaration the Cause be referred back to the Court of Chancery in Ireland, to do therein as shall be just, and consistent with the said Declaration: And it is further Ordered and Adjudged, That the said Cross Appeal be, and is hereby dismissed this House, and that the Orders and Decrees therein complained of be, and the same are hereby Affirmed.
Criminal Laws, Petitions for Alteration of: (Hertford:)
Upon reading the Petition of the Inhabitants of Hertford whose Names are thereunto subscribed; praying their Lordships "to pass a Law by which the Punishment of Death shall be abolished in all Cases of Forgery, substituting such Penalty commensurate to the Offence as shall commend itself to the conscientious Feelings of the Community:"
Upon reading the Petition of the Persons whose Names are thereunto subscribed, being resident in Gainsborough and the Vicinity thereof, praying their Lordships, "That the Penalty of Death for Forgery may in all Cases be abolished, and such other Punishment substituted in its Stead as will commend itself to the Judgment and Feelings of the Public Mind by its equitable Accordance with the nature of the Crime, and more certain of being inflicted in case of Conviction:"
Provincial Banks of Ireland at Galway;
and at Armagh.
And also, Upon reading the Petition of the Local Directors and Manager of the Provincial Bank of Ireland, at Armagh, whose Names are thereunto subscribed; severally praying, "That their Lordships will not withhold from them that Protection to their Property which they would derive from a more lenient Law than that inflicting Death for Forgery:"
Galway Town Regulation Bill, Petitions in favor of:
Also, Upon reading the Petition of the Land Owners, Merchants, Traders, Freeholders, Freemen and Inhabitants of the Parish of Nuns Island, in the County of the Town of Galway, whose Names are thereunto subscribed:
And also, Upon reading the Petition of the Land Owners, Merchants, Traders, Freeholders, Freemen and Inhabitants of the Parish of Bohermore, in the County of the Town of Galway, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to repeal so much of an Act passed in Ireland in the Fourth Year of the Reign of King George the First, for the better regulating the Town of Galway, and for strengthening the Protestant Interest therein, as limits the Franchise created by the said Act to Protestants only;" and severally praying their Lordships, "That the same may pass into a Law:"
Order for 2d Reading.
Ordered, That the Bill, intituled, "An Act to repeal so much of an Act passed in Ireland in the Fourth Year of the Reign of King George the First, for the better regulating the Town of Galway, and for strengthening the Protestant Interest therein, as limits the Franchise created by the said Act to Protestants only," be read a Second Time on Thursday next; and that the Lords be summoned.
Hickson's Marriage Annulling Bill.
Ordered, That the Bill, intituled, "An Act to declare void an alleged Marriage between Elizabeth Hickson, an Infant, and Thomas Buxton," be taken into further Consideration on Friday next; and that the Lords be summoned.
Coals carried Coastwise, Petition of Severn & Wye Railway Co. for Repeal of Duty on, referred to Com ee on the Coal Trade.
Upon reading the Petition of The Severn and Wye Railway and Canal Company, under their Common Seal; praying their Lordships, "That they may be heard themselves, or by their Counsel, at the Bar of this House, or that their Petition be referred to the Committee now sitting upon the Subject of the Coal Trade, in order that the Petitioners may substantiate the Grievances therein complained of; and that their Lordships will, as soon as possible, direct their Attention to the Laws which regulate the Coastwise Duty on Coal, with a view to the Repeal of the same, or grant such other Relief as to their Lordships shall seem fit:"
Ordered, That the said Petition be referred to the Select Committee appointed to take into Consideration the State of the Coal Trade in the United Kingdom, together with the Duties of all Descriptions and Charges affecting the same, as well in the Port of London as in the several other Ports in the United Kingdom.
Welsh Judicature, Petitions from Welshmen in London, & Pembrokeshire, against proposed Alteration of.
Upon reading the Petition of the several Persons whose Names are thereunto subscribed, and who are Natives of the Principality of Wales, resident in and near the Metropolis; praying their Lordships, "That the Judicial Limits of the Principality, as heretofore defined, may not be altered; that responsible Interpreters be appointed, and an Epitome of the Laws translated into the Welsh Language; or such other Means adopted as their Lordships may deem most effectual for securing the due Administration of Justice in the Principality, without wounding the Feelings of their Countrymen by removing those Marks which distinguish the ancient Britons as a distinct Nation:"
Upon reading the Petition of the Magistrates of the County of Pembroke, whose Names are thereunto subscribed; praying their Lordships, "That some Arrangement may be adopted by which, whilst they and the Principality generally participate in the Advantage of having their Laws administered by the Superior Judges of the English Courts of Law, they may still retain their Assize Town within the natural Limits of the County of Pembroke:"
Distress of the Country, Petition from Cornwall respecting.
Upon reading the Petition of the Freeholders and Inhabitants of Cornwall, in County Meeting assembled, whose Names are thereunto subscribed; praying their Lordships "to take their Grievances into immediate Consideration, and, by the Adoption of a rigid System of Oconomy and Retrenchment in every Department of the State, by a Reduction of Taxes in some degree commensurate with our contracted Currency and Resources, and, above all, by that Measure without which all others must prove nugatory or insufficient - a Reform in the Representation of the People - to afford the Petitioners that Relief from present Difficulties, and that Security against future Abuses, which Justice, sound Policy, and the Safety, Honor and Happiness of their Country alike demand:"
East Retford Election Bill, Witnesses to attend.
Ordered, That James Bailey, Alderman John Cottam, William Clarke, Darker Parker, George Thornton, Tom Booth, Jonathan Savage, Richard Hindley, William Baker, Edward Ogle, Thomas Leake, William Burton, George Wass, Matthew Wass, George Whitlam, Thomas Hempsall, John Crookes, William Bower, Alderman William Meekley, George Cocking, Benjamin Scott, William Clayton, Robert Catcliff, William Freeman, William Swales, Thomas Burton junior, Robert Charlton, Robert Rushley, Thomas Evans, James Barker and The Reverend Edmund Grey do attend this House forthwith, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford."
East India, &c. Trade, Petition from Loughborough for opening, referred to East India Com ee.
Upon reading the Petition of the Merchants, Manufacturers and other Inhabitants of Loughborough and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That, at the earliest Period allowed by Law, such Measures may be adopted as shall secure to all His Majesty's Subjects in the United Kingdom a Free Trade to all the Countries situated to the Eastward of the Cape of Good Hope, and the Liberty of proceeding to and residing in those Countries, also the Privilege of holding and possessing Land and trading within the British Possessions in India, under such Regulations as to their Lordships may seem proper, and consistent with their good Government, Tranquillity and Safety:"
It is Ordered, That the said Petition 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.
Slavery, Petition from Chichester for Abolition of.
Upon reading the Petition of the Inhabitants of the City of Chichester and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That another Session may not be allowed to pass away without the Adoption of decisive Measures towards the Accomplishment of the total Abolition of Negro Slavery:"
Charitable Institutions, (Ireland,) Petition against Encrease of Taxation on.
Upon reading the Petition of the Governors, Patrons, Trustees, Treasurers, Secretaries, Subscribers and Friends of the several Charitable Institutions of every Denomination in the City of Dublin and its Environs, whose Names are thereunto subscribed; praying their Lordships, "That none of the existing Exemptions from Taxation enjoyed by Charitable Institutions may be interfered with, and that, in place of any new Impost being enacted, it may please their Lordships to provide new Securities against and Exemptions from every Species of Taxation which does or may affect the Funds for the Support of the Necessities, the Relief of the Infirmities, and the bettering of the Religious and Moral Condition of the destitute Poor of Ireland:"
Vestry & Subletting Acts, (Ireland,) Petition from Rosdroit, &c. for Repeal of.
Upon reading the Petition of the Inhabitants of the Parishes of Rosdroit, Templescoby, Clough and St. John's, in the County of Wexford, Ireland, whose Names are thereunto subscribed; praying their Lordships "to avert the horrifying Anticipation of the Calamities which will be produced by the Operation of the Vestry and Subletting Acts, Ireland, by the full and immediate Repeal of those mischievous Acts:"
Perth Harbour, &c. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging, improving and maintaining the Port and Harbour of Perth; for improving the Navigation of the River Tay to the said City; and for other Purposes therewith connected."
Port Glasgow Harbour Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for improving the Harbour of Port Glasgow, constructing a Wet Dock or Wet Docks adjacent thereto, and for altering the Road leading from Port Glasgow to Glasgow, near the said Harbour."
Messages to H.C. that the Lords have agreed to the 2 preceding Bills.
Boydell's Divorce Bill:
Mildmay's Divorce Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Captain Edward St. John Mildmay with Marianne Catherine his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."
Messages to H.C. with the 2 preceding Bills.
Message to H.C. for Sir M. Somerville to attend Com ee on Viscount Boyne's Claim.
Ordered, That a Message be sent to the House of Commons, to request that they will give Leave to Sir Marcus Somerville Baronet, a Member of that House, to attend their Lordships, in order to his being examined as a Witness before the Lords Committees for Privileges, to whom the Petition of Viscount Boyne, claiming a Right to vote at the Elections of Peers for Ireland to sit in the Parliament of the United Kingdom, stands referred.
Bankrupt Laws Amendment Bill.
The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act of the Sixth Year of the Reign of His present Majesty, for amending the Laws relating to Bankrupts;"
Ld. Mount Sandford's Estate Bill:
The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to enable the Devisees under the last Will and Testament of The Right Honorable Henry Lord Mount Sandford, deceased, to make Leases of the Lands, Tenements and Hereditaments lately in the Possession of the said Henry Lord Mount Sandford, and devised by his said Will; and also to enable the said Devisees to execute a Conveyance to the Rector of Kilkevan of a certain Piece of Ground situate in the Parish of Kilkevan and County of Roscommon;"
Then it was moved, "in Press 15, Line 14, after ("same") to insert the following Clause by way of Ryder: ("That it shall be lawful for the said George Lord Mount Sandford and his Assigns during his Life, and for all and every other the Person and Persons who shall be entitled to the actual Possession and Enjoyment or to the Receipt of the Rents and Profits of all or any Part of the said Lands, Tenements and Hereditaments devised by the said last Will and Testament of the said Henry Lord Mount Sandford, by virtue of the Limitations thereof, and either beneficially or as a Trustee or Trustees for Payment of the aforesaid Annuities, when and as he and they shall respectively be so in Possession or entitled to the Receipt of the Rents and Profits of the said Lands, Tenements and Hereditaments respectively, by Indenture or Indentures to be sealed and delivered by him or them respectively, to demise, lease or grant all and every or any Part of the said Lands, Tenements and Hereditaments to any Person or Persons for any Term or Number of Years not exceeding Twenty-one Years; so as every such Lease and Demise be made to take effect in Possession at the Time of the making thereof, and not in Reversion or by way of future Interest; and so as there be thereby reserved during the Continuance thereof the best and most improved yearly Rent that can at the Time of making such Leases respectively be reasonably had or gotten for the same, without taking any Sum or Sums of Money or other thing by way of Fine or Foregift for the same; and so as in every such Lease there be contained a Proviso or Condition of Re-entry for Nonpayment of the Rent or Rents thereby to be reserved by the Space of Twenty-one Days after the same respectively shall become due and payable; and so as the respective Lessees to whom such Leases shall be made seal and execute Counterparts of the Indenture or Indentures to be made to him, her or them respectively, and thereby covenant for the due Payment of the Rent or Rents to be thereby respectively reserved; and so as no such Lease to be made in pursuance of this Act be made dispunishable of Waste by any express Words. And be it further enacted")
Message to H.C. with it.
Lewis & Stevens v. Bridgman & Mallet.
Upon reading the Petition and Appeal of Thomas Lewis and Robert Andrew Stevens, complaining of a Decree of the Court of Chancery of the 29th of January 1830, (which Decree was enrolled on the 19th Day of March last past,) and praying, "That the same may be reversed, and that the Appellants may have such Relief as is prayed by their Original and Supplemental Bills, or as to their Lordships, in their great Wisdom, shall seem meet; and that William Bridgman the younger, and John Lewis Mallet, may be required to answer the said Appeal:"
It is Ordered, That the said William Bridgman and John Lewis Mallet may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 28th Day of this instant June; and Service of this Order upon the Agents of the said Respondents in the said Court of Chancery shall be deemed good Service.
Gaywood v. M'Keand, Leave to
Appellant to prosecute in forma pauperis.
Anthony M'Keand is Respondent; praying, "That their Lordships will be pleased to order him to be admitted to appear as Appellant in this Cause in formâ pauperis, and to assign him for his Counsel Messieurs John Archibald Murray and James Maidment, and Mr. John Macqueen for his Solicitor:"
Abolition of Fees on Demise of the Crown Bill.
The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to abolish all Fees and Stamp Duties chargeable on the Renewal of all Appointments, Commissions, Grants, Pensions and Patents consequent on the Demise of the Crown;" and for the Lords to be summoned;
And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made several Amendments thereto, which he was ready to report, when the House will please to receive the same."
Bogs Draining (Ireland) Bill.
And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made several Amendments thereto, which he was ready to report when the House was ready to receive the same."
Message to H.C. for Reports on the Criminal Law.
Ordered, That a Message be sent to the House of Commons, to request that they will be pleased to communicate to this House, "Copies of Reports made from the Select Committee appointed by that House in Session 1824 on the Criminal Law of England, dated respectively the 2d of April 1824 and the 7th of May 1824; together with the Appendix thereto."
Address of H.C. relative to the Conduct of Sir J. Barrington considered.
The Order of the Day being read for taking into Consideration the Address communicated by the Commons at the Conference on the 25th Day of May last, for the Removal of Sir Jonah Barrington from the Office of Judge of the High Court of Admiralty in Ireland; and for hearing the said Sir Jonah Barrington, by himself or his Counsel, against any Charge to be brought against him; and for the Lords to be summoned;
N° One, D. P., R.
Let the Register forthwith hand over to His Majesty's Proctor, Patrick Hamilton, one Half of the Proceeds now in his Hands, to be vested by him forthwith in Government Securities, for the Use of His Majesty, or the Claimants, as may on the final Hearing appear right; and let him retain the other Half of said Proceeds in his Hands, to answer such ultimate Order as may be made for the Expences and Salvors Claims in the Cause; the Register deducting his Fees."
It is ordered by the Judge, that Daniel Pineau the Register do forthwith lodge in the Bank of Messrs. Latouche and Co. the Sum of £200 out of the Proceeds now in his Hands in this Cause, the same to be lodged in the Name of and subject to the Order of the Judge, that same may be vested in Government or other productive Security for the Benefit of the concerned; and for so doing this Order is to said Daniel Pineau a sufficient Authority.
Judge's Order to lodge £60 in Latouche's Bank.
"The Indorsement of "No. 10. D. P., R." was an Indorsement in an Arrangement I made in regulating those Papers; but there is another Indorsement, "R. Whiteway, at Mr. Hamilton's, 13, Anglesea Street."
13th May 1806,
To Messrs. Latouche, Bank."
(Indorsed) "R. Whiteway,
at Mr. Hamilton's,
How came you to pay the Money at Latouche's?" "In consequence of a Message to me from Latouche's Bank, acquainting me that Sir Jonah Barrington had drawn a Bill for £100 upon that Bank, and requesting that I should go up and pay that Bill."
"I shall be extremely obliged by your procuring an English Bill for £20 English To-day, or at farthest To-morrow, payable to Order of Mrs. Barrington, 64, Sloane Street, and indorse it as before. I shall return on Friday Morning, and call on you. I inclose an Order on the Bank, as regular.
"If said Disbursements are all allowed"-"The Half of the Money lodged in Court, which I find amounted to a Sum of"-"See Order itself"- "deducting Poundage"-"and I find"-"see Order, and state it correctly"-"stet"-"and I find to be lodged in Bank, and that same might, by the Order of the Judge, be vested in Government Securitys for the Benefit of the concerned; and I find that same was so vested accordingly in Government Securitys, and is now in the Registry."
May it please your Honour, "In obedience to your Honour's Decree and Reference of the 14th of March 1807, whereby it was referred to me to inquire and report the Gross Amount, the Disbursements, and the Net Proceeds of the Vessel and Cargo impugnant, together with the Sums which the Salvors have received on account of their Claims, and an Account of the Sums ordered out of the Registry to be vested in Government Securities, with the Dates of the Orders respectively, with the reasonable Expences of the Arrest and Proceedings on the Part of His Majesty in this Cause,
"And I find that same was so vested accordingly in Government Securities, and is now in the Registry No.18, D.P., R." "In Pencil "(Untrue.) Not having made such a false Report, the Judge wrote a Letter to me on the 2d September 1807, requesting me to make such a Report, and offering me his Bond for the Amount."
"In the Case of the Nancy, I request you will make the Report I perused and approved of, stating your having in the Registry Two Debentures to the Credit of the Cause, pursuant to the Order of the 8th of May 1806.
"I have, upon your making such Order, to account with and pay you over a Sum of One hundred and ninety Pounds, being the Value, or about it, of such Debentures; and I promise, upon Demand by you, to give you my Bond, payable forthwith for said Sum, or any other Security you may deep proper or necessary for the securing you them."
"On reading the Order of the 21st Dec. 1805, and also the Account of Mr. Patrick Hamilton, His Majesty's Proctor, for the Sum of £482 8s. 8d. so ordered, and on reading the final Decree in this Cause, and the Register Report, it is ordered by the Judge, That Mr. Hamilton do forthwith pay over to the Register the said Sum of £482 8s. 8d., with the Interest thereof from the Time of such Payment, to be applied to the Purposes in said Decree marked.
"The Order made on you is by Pineau; you are not intended to attend (fn. 1) you 'till I explain it to you.
"In the different Droit Causes Sir Jonah got between 5 to £600 in his Hands, a Part of the Sum through my Hands as King's Proctor, although he did not give me the Money to replace what he had got from me; yet, on the Application of the Claimants, he made an Order on me to bring in the Money. Being served with it, I wrote to him, expostulating with him on this extraordinary Conduct. The within Letter is his Answer.
"Yes; "and in full for their Claims in this Cause," in Pencil, is my Writing; and "the 17th" is in my Writing; that is the last Line but one, in Pencil; all the rest is the Handwriting of Sir Jonah Barrington."
"On reading the Order of the 17th Instant, and an Affidavit of Service thereof, and a Certificate that the Sum of £482 8s. 8d. therein mentioned, has not been yet paid in; it is ordered by the Judge, that the Register do forthwith, out of Proceeds of this Cause remaining in his Hands, and also out of any other Proceeds or Lodgments in his Hands as Register in any Cause wherein His Majesty is Promovent, pay over to John Hawkins, the Owners Proctor in this Cause, the Sum of £630, according to the Decree in this Cause, and in full for their Claims in this Cause; and said Hawkins' Account for such Sum to be a full Acquittance and Discharge to said Register for such Sum as he shall pay accordingly, out of whatever Fund the same shall be paid as aforesaid, until the said Sum of £482 8s. 8d. shall be paid in, according to the said Order of the 17th Instant: And it is further ordered, that the Decree in this Cause may be finally made up.
By having a great many Dealings with the late Patrick Hamilton, in receiving numerous Letters from him, often having seen him there, and having had many Accounts between us, I am perfectly acquainted with his Handwriting."
"Ordered by the Judge, That Daniel Pineau, the Register of this Court, do forthwith lodge in the Bank of Sir Thomas Gleadowe and Co. the Sum of Two hundred Pounds, now in his Hands, the same to be lodged in the Name of and to the Credit of this Cause.
Mr. Attorney General stated, "That he did not consider the Receipt in question to be necessary as Evidence of the Payment, having proved the Order to pay the Money, and the actual Payment of the same; but he submitted that it was admissible Evidence to show on whose Account the Banker received the Money."
Sir Jonah Barrington objected to the Document being received in Evidence; in the first place, on the Ground that it was directly contrary to the Order, which was, that the Money should be paid to the Credit of the Cause, and not to himself; and, secondly, because the Clerk by whom the Order was read ought to be called.
The Counsel were informed, "That the Receipt in question might be admitted as Evidence to show that the Money was paid on account of Sir Jonah Barrington, and was received by the Bankers on his Account."
There was an Order made directing you to pay the Money in upon a particular Account, and in a particular Manner. Before you paid that Money in under that Order, or in consequence of that Order, had you any Communication with Sir Jonah Barrington upon the Subject of it?"
Then when you went to the Bankers you did not pay the Money according to the Terms of that Order, but you paid it in on the personal Account of Sir Jonah Barrington. Did you communicate that Circumstance immediately after to Sir Jonah Barrington?"
If your Lordships will allow me to explain the Fact as I can, I will answer the Question fully. I lodged the Money first, and after I had lodged it, and got a Receipt of the Bankers for the Money, I was sent for by the Bankers to go to them, and they told me that the Order must be altered, for that Sir Jonah Barrington could not draw the Money as the Order was. I then went to Sir Jonah Barrington."
"Received from Danl Pineau Esqr. Two hundred Pounds Stg. to be accountable to Sir Jonah Barrington, as Judge of His Majesty's High Court of Admiralty, in the Cause of The King against the Red Strand Derelict. Dublin, 12 Jany 1810.
"Now this was another Receipt; I gave him back the former Receipt, which was pursuant to the Order, and then I got this Receipt in obedience to the Direction, in order to enable Sir Jonah Barrington to draw the Money."
Mr. Attorney General stated, "That finding that there were certain Letters to Sir Jonah Barrington which he proposed to read, of which he was in Possession only of Copies, he was not in a Situation to proceed further until he should have given Notice to Sir Jonah Barrington to produce the Originals."
British Articles exported in American Vessels to China & the East Indies, Statement of, Ordered.
Ordered, That there be laid before this House, A Statement of the several Articles of British Produce and Manufacture exported in American Vessels to China and to the East Indies in each of the Years from 1818 to the present Time, together with the Official and Declared Value of each Article."
Commons Answer to Messages.
The Messengers sent to the House of Commons this Day, being returned, acquainted the House, "That the Commons return for Answer that they will send Answers to their Lordships Messages by Messengers of their own."