House of Lords Journal Volume 63: 20 October 1831

Die Jovis, 20° Octobris 1831.

REX.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vestries Bill.

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

To return the Bill, intituled, "An Act for the better Regulation of Vestries; and for the Appointment of Auditors of Accounts, in certain Parishes of England and Wales;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Hicks & Williams v. Morant:

The House proceeded to take into further Consideration the Cause wherein Robert Hicks and Richard Williams are Appellants, and John Morant Esquire is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Friday the 30th Day of September as on Saturday the 1st Day of this instant October, upon the Petition and Appeal of Robert Hicks of Afton, in the Isle of Wight, in the County of Southampton, Gentleman, and Richard Williams of Martin, in the County of Wilts, Gentleman; complaining of a Decree of the Court of Exchequer Chamber, of the 12th of June 1829; and praying, "That the same might be reversed, or that the Appellants 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 John Morant Esquire put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Decree Affirmed.

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 Decree therein complained of, be, and the same is hereby Affirmed.

Graham v. Shand et al:

The House proceeded to take into further Consideration the Cause wherein Barron Graham Esquire is Appellant, and William Shand Esquire, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel for the Appellant, on Thursday the 6th Day of this instant October, upon the Petition and Appeal of Barron Graham Esquire, presently residing at Ravelrig, in the County of Edinburgh, in Scotland; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 12th of June 1829; and also of Three Interlocutors of the Lords of Session there, of the First Division, of the 11th (signed the 12th), and Two of the 18th of December 1829; and praying, "That the same might be reversed, varied or altered, or that the Appellant 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 Shand Esquire, formerly of Spanish Town, in the Island of Jamaica, now of Balmakewan, and of Sir Alexander Ramsay of Balmain, Baronet, and Captain Thomas Ramsay, residing at Balbegno Castle, in the County of Kincardine, and of Claud Russel and Thomas Mansfield Esquires, Accountants in Edinburgh, Trustees for the said Sir Alexander Ramsay, put in to the said Appeal; and Counsel appearing for the Respondents in the said Appeal; the Counsel were directed to withdraw; and due Consideration had this Day of what was offered for the Appellant 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 Appellant do pay or cause to be paid to the said Respondents the Sum of Two hundred and sixty-four Pounds Five Shillings, for their Costs in respect of the said Appeal.

Inglis et al. v. Harper:

The House proceeded to take into further Consideration the Cause wherein William Inglis, and others, are Appellants, and James Harper Esquire is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, on Wednesday the 27th Day of July last, upon the Petition and Appeal of William Inglis, Writer to the Signet, and William Paul, Accountant in Edinburgh, Trustee upon his Sequestrated Estate; and of Miss Ann Buchan, residing in London; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 29th of May 1827; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 27th of May 1828 (except in so far as it conjoins the Two Actions, and finds no Expences due to the Respondents;) and praying, "That the same might be reversed, varied or amended, so far as complained of, or that the Appellants 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 James Harper Esquire, of Morningfield, near Aberdeen, Executor nominate of the deceased Mrs. Margaret Matheson of Gayfield Square, Edinburgh, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutors Reversed, & Cause remitted, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Interlocutors complained of in the said Appeal be, and the same are hereby Reversed: And it is further Ordered, That the Cause be remitted back to the Court of Session in Scotland, with Directions to submit to a Jury to consider whether the Letter bearing Date "Edinburgh, 15th Day of May 1826," and purporting to be a Letter from Margaret Matheson to James Harper Esquire, and by which the said James Harper is directed to pay William Inglis Esquire, W. S. or his Heirs, One thousand Pounds Sterling, was signed by Margaret Matheson on that Day, and is the Letter referred to by the Will of Margaret Matheson.

Appeal Cases, Motion for Standing Order respecting.

It was moved, "That the following be added to the Roll of Standing Orders:

"Whereas it is expedient to alter, in some Respects, the Mode of preparing Cases to be delivered to this House upon Appeals from Scotland:

"It is this Day Ordered, That in all Appeals from Scotland in which Cases have not already been lodged, the Cases of the Appellants shall be prepared, as nearly as Circumstances will permit, according to the Form herein-after prescribed; (that is to say,) it shall contain -

"1st. A Copy of the Record, and of all the Interlocutors pronounced upon the Merits:

"2d. It should then proceed thus: "The Appellant is advised by his Counsel to appeal against the said Interlocutors, &c. (describe them); and he prays that the same may be reversed, varied or altered, for the following amongst other Reasons:

"3d. It should then state the "Reasons;" taking Care not to mix up with the Argument any Statement of the Facts, the whole of which ought to be shewn distinctly in the Condescendences and Answers, or mutual Condescendences, and in the Evidence if there has been a Probation:

"4th. In Cases where there has been any Proof brought forward either by Writings produced and admitted by the Parties, or by Examination of Witnesses, the Evidence should be set forth in an Appendix, to be headed thus-

"Proof adduced on the Part of the Pursuer, and admitted by me,

"(Signed) By the Lord Ordinary." or if any particular Kind of Evidence has been tendered but rejected as inadmissible by the Lord Ordinary, if this is insisted on as a Ground of Appeal, the Tender of this Evidence and its Rejection is to be distinctly stated, and this Statement authenticated in like Manner by the Signature of the Lord Ordinary; but Care is to be taken to exclude from this Appendix and from the Case every Document or Writing which, although recovered upon the Diligence against Havers, shall not be either admitted by the Lord Ordinary, or shall have been distinctly tendered and rejected:

"And the Case of the Respondents shall not contain any Copy of the Record nor any general Statement, but shall commence by stating the Interlocutors appealed from, and then proceed to state the Reasons upon which they hope that such Interlocutors may be affirmed; and shall set forth, in an Appendix, the Evidence, if any, which was given or tendered in the Court below, authenticated in like Manner as is herein-before ordered with respect to the Appellants Cases:

"And it is further Ordered, That both Appellants and Respondents, in stating the "Reasons" in their printed Cases, omit all general Narrative or Statement of the Case, and do introduce the Statement of such Facts only as, having been admitted or proved, are necessary to found the Reasons and Arguments in Law which they wish to lay before this House:

"And it is further Ordered, That One Copy of the printed Case of the Appellant and Respondent shall be signed in Writing by Two Counsel, and no Case shall be received or laid upon the Table of this House unless One Copy thereof shall be so signed."

Ordered, That the further Consideration of the said Motion be put off to the next Session of Parliament.

The King present:

His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes,) commanded the Gentleman Usher of the Black Rod, through the Deputy Lord Great Chamberlain, to let the Commons know, "It is His Majesty's Pleasure that they attend Him immediately in this House."

Who being come, with their Speaker;

He, after a Speech to His Majesty, delivered the Money Bill to the Clerk, who brought it to the Table, where the additional Clerk Assistant read the Titles of that and the other Bills to be passed, severally, as follow; (viz ^t.)

Bills passed:

1. "An Act to apply the Sum of One million eight hundred thousand Pounds out of the Consolidated Fund to the Service of the Year One thousand eight hundred and thirty-one; and to appropriate the Supplies granted in this Session of Parliament."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (viz ^t.)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

2. "An Act to regulate the Payment of the Duties on Hops."

3. "An Act to consolidate and amend the Laws for suppressing the illicit making of Malt and Distillation of Spirits in Ireland."

4. "An Act to amend an Act of the Seventh Year of the Reign of His late Majesty King George the Fourth, for making Provision for the uniform Valuation of Lands and Tenements in the several Baronies, Parishes and other Divisions of Counties in Ireland, for the Purpose of the more equally levying of the Rates and Charges upon the same."

5. "An Act to repeal an Act passed in the Fiftysecond Year of the Reign of His Majesty King George the Third, to provide for the more speedy Examination, controuling and finally auditing the Military Accounts of Ireland."

6. "An Act to empower Landed Proprietors in Ireland to sink, embank and remove Obstructions in Rivers."

7. "An Act to establish a Court in Bankruptcy."

8. "An Act to enable Courts of Law to give Relief against adverse Claims made upon Persons having no Interest in the Subject of such Claims."

9. "An Act for the better Regulation of Vestries; and for the Appointment of Auditors of Accounts, in certain Parishes of England and Wales."

10. "An Act to enable Churchwardens and Overseers to inclose Land belonging to the Crown, for the Benefit of poor Persons residing in the Parish in which such Crown Land is situated."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (viz ^t.)

"Le Roy le veult."

Then His Majesty was pleased to speak as follows; (viz ^t.)

His Majesty's Speech:

"My Lords, and Gentlemen,

"I am at length enabled to put an End to a Session of unexampled Duration and Labour, in which Matters of the deepest Interest have been brought under your Consideration.

"I have felt sincere Satisfaction in confirming, by my Royal Assent, Bills for the Amendment of the Game Laws, and for the Reduction of Taxes which pressed heavily on the Industry of My People; and I have observed with no less Pleasure the Commencement of important Improvements in the Law of Bankruptcy, from which the most beneficial Effects may be expected.

"I continue to receive the most gratifying Proofs of the friendly Disposition of Foreign Powers.

"The Conference assembled in London has at length terminated its difficult and laborious Discussions, by an Arrangement unanimously agreed upon by the Plenipotentiaries of the Five Powers for the Separation of the States of Holland and Belgium, on Terms by which the Interests of both, together with the future Security of other Countries, have been carefully provided for.

"A Treaty founded on this Arrangement has been presented to the Dutch and Belgian Plenipotentiaries, and I trust that its Acceptance by their respective Courts, which I anxiously expect, will avert the Dangers by which the Peace of Europe was threatened whilst this Question remained unsettled.

"Gentlemen of the House of Commons,

"I thank you for the Provision made for the future Dignity and Comfort of My Royal Consort in the Event of Her surviving Me; and for the Supplies which you have granted for the Service of the present Year. You may be assured of My anxious Care to have them administered with the strictest Attention to a well-considered Economy.

"The State of Europe has made it necessary to incur, in the various Establishments of the Public Service, an encreased Expenditure, which it will be My earnest Desire to reduce, whenever it can be done with Safety to the Interests of the Country. In the meantime I have the Satisfaction of reflecting that these Demands have been provided for without any material Addition to the Public Burthens.

"My Lords, and Gentlemen,

"In the Interval of Repose which may now be afforded you, I am sure it is unnecessary for Me to recommend to you the most careful Attention to the Preservation of Tranquillity in your respective Counties. The Anxiety which has been so generally manifested by My People for the Accomplishment of a Constitutional Reform in the Commons House of Parliament, will, I trust, be regulated by a due Sense of the Necessity of Order and Moderation in their Proceedings.

"To the Consideration of this important Question the Attention of Parliament must necessarily again be called at the Opening of the ensuing Session; and you may be assured of My unaltered Desire to promote its Settlement, by such Improvements in the Representation, as may be found necessary for securing to My People the full Enjoyment of their Rights, which, in connection with those of the other Orders of the State, are essential to the Support of our free Constitution."

Then The Lord Chancellor, having received Directions from His Majesty, said,

Parliament Prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, That this Parliament be prorogued to Tuesday the Twentysecond Day of November next, to be then here holden; and this Parliament is accordingly prorogued to Tuesday the Twenty-second Day of November next."