House of Lords Journal Volume 63: 31 August 1831

Die Mercurii, 31° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Shaftesbury sat Speaker by virtue of a former Commission.

Gibson v. Kirkland & Sharpe.

The joint and separate Answers of Messieurs John Kirkland and John Ferguson Sharpe, Merchants in Glasgow, to the Petition and Appeal of Archibald Gibson Esquire, Accountant in Edinburgh, Trustee on the Sequestrated Estate of Messieurs Wilson and Sons, some time Iron Masters at Wilsontown, was this Day brought in.

Ld. Howard of Effingham takes the Oaths.

This Day Kenneth Alexander Lord Howard of Effingham took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Gibson v. Kirkland & Sharpe, Appellant's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of Archibald Gibson Esquire, Appellant in a Cause depending in this House, to which John Kirkland and John Ferguson Sharpe are Respondents; praying, "That their Lordships will be pleased to grant him a further Period of Eight Weeks, from the 1st Day of September, to lodge his Case:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Calder v. Aitchison & Co. Appellant's Petition for an early Day, referred to Appeal Com ee.

Upon reading the Petition of John Calder, Appellant in a Cause depending in this House, to which George Aitchison and Company are Respondents; praying their Lordships "to order that this Cause may be set down for Hearing on or before the Fourth Cause Day after the 5th Day of September, in Terms of the Statute 55th George 3d, Cap. 42, to facilitate the Administration of Justice in that Part of the United Kingdom called Scotland, by the extending Trial by Jury to Civil Causes:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Mactavish v. Turner.

The House being informed, "That William Ainslie Turner, Respondent to the Appeal of Mrs. Catherine Macdonell otherwise Mactavish, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Adam Grant junior, of the City of Edinburgh, Writer, of the due Service of the said Order, being read;

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Hunter & Campbell v. Duff et al.

The House being informed, "That Lieutenant General Alexander Duff, and others, Respondents to the Appeal of Archibald Hunter Esquire and David Campbell, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Anthony Trail of the City of Edinburgh, Writer to the Signet, of the due Service of the said Order, being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Dame M. Gordon v. Goldie et al.

The House being moved, "That a Day may be appointed for hearing the Cross Appeal wherein Dame Mary Lucy Elizabeth Gordon is Appellant, and Alexander Goldie, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, at the same Time with the Original Appeal in which John Napier Esquire is Appellant, and Alexander Goldie, and others, are Respondents.

Bp. Cork's Bill, Standing Order 94 dispensed with, & Bill read 2 a, & committed.

The Order of the Day being read for taking into Consideration the Standing Order No. 94, directing that no Committee shall sit upon any Private Bill until Ten Days after the Second Reading thereof, in order to be dispensed with on the Bill, intituled, "An Act to repeal an Act passed in the Parliament of Ireland in the Thirty-second Year of the Reign of King George the Third, relating to a Portion of the Lands of Ballinaspeg near the City of Cork, belonging to the See of Cork; and to enable the Bishops of that See to demise the same under certain Restrictions;" and for the Lords to be summoned;

And Consideration being had thereof accordingly;

Ordered, That the said Standing Order be dispensed with on the said Bill.

Then the said Bill was read a Second Time.

Ordered, That the said Bill be committed to the Consideration of the Lords following:

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

Tithes on Barren Land Bill reported:

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 explaining and amending an Act passed in the Second and Third Years of the Reign of King Edward the Sixth, intituled, "An Act for Payment of Tithes."

And the said Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Order for 3 a.

Ordered, That the said Bill be read the Third Time on Monday next.

The Duchess of Kent's Annuity Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to enable His Majesty to grant an Annual Sum to Her Royal Highness Victoria Maria Louisa Duchess of Kent, for a more adequate Provision for Her said Royal Highness, and for the honorable Support and Education of Her Royal Highness The Princess Alexandrina Victoria of Kent;"

The said Bill was accordingly read the Third Time.

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Justice Littledale and Mr. Justice Patteson;

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Leys & Co. v. Ld. Forbes et al.

Ordered, That the Cause wherein Leys, Masson and Company are Appellants, and James Ochoncar Lord Forbes, and others, are Respondents, be heard by Counsel at the Bar To-morrow.

Ld. Nugent's Claim to vote for Peers for Ireland, referred to Com ee for Privileges.

Upon reading the Petition of George Baron Nugent of Carlan's Town, in the County of West Meath, in the Kingdom of Ireland; setting forth, "That Mary Elizabeth Marchioness of Buckingham, the Petitioner's Mother, was, by Letters Patent under the Great Seal of Ireland, bearing Date the Twenty-seventh Day of December 1800, created Baroness Nugent of Carlan's Town, in the County of Meath, with Remainder of the Dignity of Baron Nugent to the Petitioner, by the Name and Description of George Nugent Grenville, commonly called Lord George Nugent Grenville, Second Son of the said Marchioness of Buckingham: That the said Marchioness of Buckingham, Baroness Nugent, departed this Life on or about the 16th Day of March 1813, and was thereupon succeeded in the Dignity of Baron Nugent by the Petitioner, pursuant to the Limitations contained in the said Letters Patent; the Petitioner therefore now claims a Right to vote at Elections of Peers of the said United Kingdom; and prays, That his said Right may be admitted by their Lordships:"

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees for Privileges, to consider and report.

M. of Bute's et al. Petition referred to Judges.

Upon reading the Petition of The Most Honorable John Crichton Stuart Marquis of Bute and Earl of Dumfries, and of The Most Honorable Maria Marchioness of Bute and Countess of Dumfries his Wife, late The Right Honorable Maria North Spinster, One of the Three Daughters and Coheiresses and also a Devisee under the last Will and Testament, therein-after recited, of The Right Honorable George Augustus Third Earl of Guilford deceased, who was the eldest Son and Heir at Law of The Right Honorable Frederick Second Earl of Guilford also deceased; and also of The Right Honorable Susannah Countess Dowager of Guilford, (formerly Susannah Coutts Spinster,) the Widow and Relict of the said George Augustus late Earl of Guilford; and of William Stuart of Tempsford Hall, in the County of Bedford, Esquire, (which said William Stuart is One of the Trustees under the Indenture of the Nineteenth Day of December One thousand eight hundred and twenty-seven, therein-after recited;) and also of The Right Honorable Lady Susan North Spinster, and of The Right Honorable Lady Georgina North Spinster, (which said Lady Susan North and Lady Georgina North are the Two other Daughters and Coheiresses and also Devisees under the said last Will and Testament of the said George Augustus Earl of Guilford;) praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to The Lord Chief Justice of the Court of Common Pleas and Mr. Justice James Parke, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Plurality of Benefices Bill

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to restrain and regulate the holding of Plurality of Dignities and Benefices by Spiritual Persons."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made some Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Bill, as amended, be printed.

Adjourn.

Comes Shaftesbury declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Septembris jam prox. sequen. horâ decimâ Auroræ, Dominis sic decernentibus.