House of Lords Journal Volume 63: 14 September 1831

Die Mercurii, 14 °Septembris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Napier v. Goldie et al.

After hearing Counsel fully in the Cause wherein John Napier Esquire is Appellant, and Alexander Goldie, and others, are Respondents:

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

Glendonwyn & Kennedy v. Goldie et al.

After hearing Counsel fully in the Cause wherein Mrs. Ismene Magdalina Glendonwyn or Scott and Robert Kennedy are Appellants, and Alexander Goldie, and others, are Respondents:

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

Dame M. Gordon v. Goldie et al.

After hearing Counsel fully in the Cross Appeal wherein Dame Mary Lucy Elizabeth Gordon is Appellant, and Alexander Goldie, and others, are Respondents:

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

Dillon v. Sit W. Parker.

Upon reading the Petition of John Joseph Dillon Esquire, Appellant in a Cause depending in this House, to which Sir William Parker Baronet is Respondent; praying, "That their Lordships will be pleased to order that Sir Hyde Parker, the now Respondent, in printing his Supplemental Case conformably to the Standing Order of this House, do therein amend the Original Case lodged by the late Respondent Sir William Parker, by striking out certain Statements respecting Facts neither put in Issue by the Pleadings nor given in Evidence; and that the said Sir Hyde Parker thereto add at length, in an Appendix, the whole of the Deeds and Letters given in Evidence in the Courts below, and on which he intends to rely at the Hearing of the said Appeal, in order that the Petitioner may be able to argue on the Effect thereof, and their Lordships be enabled to ascertain the Weight due to such Deeds and Letters; and that, until such Supplemental Case and such Appendix be printed and delivered, the Hearing of this Appeal may be ordered to stand over:"

It is Ordered, That the said Petition do lie on the Table.

J. & E. Kibble v. Stevenson et al. Respondents Petition to lodge their Case, referred to Appeal Comee.

Upon reading the Petition of John Stevenson, and others, Respondents in a Cause depending in this House, to which Janet and Elizabeth Kibble are Appellants; praying their Lordships "to allow them to lodge their printed 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.

Mac Millan et al. v. Campbell et al. Respondents Petition to lodge their Case, referred to Appeal Comee.

Upon reading the Petition of Charles Campbell, and others, Respondents in a Cause depending in this House, to which Thomas Mac Millan, and others, are Appellants; praying their Lordships "to allow them to lodge their printed Case:"

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

Ker & Johnston v. Bell et al.

After hearing Counsel, in Part, in the Cause wherein James Ker and Henry Johnston Esquires are Appellants, and John Bell, and others, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.

Graham v. Shand et al.

Ordered, That the Cause wherein Barron Graham Esquire is Appellant, and William Shand, and others, are Respondents, be heard by Counsel at the Bar Tomorrow.

Scott v. Yuille.

Ordered, That the Cause wherein Elizabeth Scott is Appellant, and Robert Yuille is Respondent, be heard by Counsel at the Bar To-morrow.

Mackenzie v. Macartney.

Ordered, That the Cause wherein Murdo Mackenzie Esquire is Appellant, and Alexander Macartney Esquire is Respondent, be heard by Counsel at the Bar Tomorrow.

J. & W. Dixon v. The Monkland Navigation Co. et e con.

Ordered, That the Cause wherein John and William Dixon Esquires are Appellants, and The Monkland Navigation Company are Respondents, et e contra, be heard by Counsel at the Bar To-morrow.

Ld. Chaworth introduced.

John Chambre Earl of Meath, of that Part of the United Kingdom called Ireland, being, by Letters Patent bearing Date the 10th Day of September, in the Second Year of the Reign of His present Majesty, created a Baron of the United Kingdom by the Title of Baron Chaworth of Eaton Hall, in the County of Hereford, with Remainder to the Heirs Male of his Body, was (in his Robes) introduced between The Lord Holland and The Lord Plunket, (also in their Robes,) the Yeoman Usher of the Black Rod and Garter King of Arms preceding: His Lordship, on his Knee, presented his Patent to The Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (vizt.)

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and wellbeloved John Chambre Brabazon of Eaton Hall, in Our County of Hereford, Chevalier, Greeting: Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our United Kingdom of Great Britain and Ireland, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself at Westminster, the Tenth Day of September, in the Second Year of Our Reign.

"Bathurst."

Then his Lordship, at the Table, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.

Ld. Howden introduced.

John Francis Lord Howden, of that Part of the United Kingdom called Ireland, being, by Letters Patent bearing Date the 10th Day of September, in the Second Year of the Reign of His present Majesty, created a Baron of the United Kingdom by the Title of Baron Howden of Howden and Grimston, in the County of York, with Remainder to the Heirs Male of his Body, was (in his Robes) introduced between The Lord Clinton and The Lord Dundas, (also in their Robes,) the Yeoman Usher of the Black Rod and Garter King of Arms preceding: His Lordship, on his Knee, presented his Patent to The Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (vizt.)

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and wellbeloved John Francis Cradock of Howden and Grimston, in Our County of York, Chevalier, Greeting: Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our United Kingdom of Great Britain and Ireland, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself at Westminster, the Tenth Day of September, in the Second Year of Our Reign.

"Bathurst."

Then his Lordship, at the Table, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.

Ld. Oakley introduced.

George Cadogan Esquire, being, by Letters Patent bearing Date the 10th Day of September, in the Second Year of the Reign of His present Majesty, created Baron Oakley of Caversham, in the County of Oxford, with Remainder to the Heirs Male of his Body, was (in his Robes) introduced between The Lord Stourton and The Lord Dundas, (also in their Robes,) the Yeoman Usher of the Black Rod and Garter King of Arms preceding: His Lordship, on his Knee, presented his Patent to The Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (vizt.)

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and wellbeloved George Cadogan of Caversham, in Our County of Oxford, Chevalier, Greeting: Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our United Kingdom of Great Britain and Ireland, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself at Westminster, the Tenth Day of September, in the Second Year of Our Reign.

"Bathurst."

Then his Lordship, at the Table, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.

Ld. Kenlis introduced.

Thomas Marquess of Headfort, of that Part of the United Kingdom called Ireland, being, by Letters Patent bearing Date the 10th Day of September, in the Second Year of the Reign of His present Majesty, created a Baron of the United Kingdom by the Title of Baron Kenlis of Kenlis or Kells, in the County of Meath, with Remainder to the Heirs Male of his Body, was (in his Robes) introduced between The Lord Plunket and The Lord Chaworth, (also in their Robes,) the Yeoman Usher of the Black Rod and Garter King of Arms preceding: His Lordship, on his Knee, presented his Patent to The Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (vizt.)

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and wellbeloved Thomas Taylour of Kenlis or Kells, in Our County of Meath, Chevalier, Greeting: Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our United Kingdom of Great Britain and Ireland, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself at Westminster, the Tenth Day of September, in the Second Year of Our Reign.

"Bathurst."

Then his Lordship, at the Table, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.

Kinnaird's Divorce Bill:

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

To return the Bill intituled, "An Act to dissolve the Marriage of Hugh Kinnaird Esquire with Ann his now Wife, and to enable him to marry again; and for other Purposes;" and to acquaint this House, That they have agreed to the same, without any Amendment.

London, &c. Coal Bill.

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

With a Bill, intituled, "An Act for regulating the Vend and Delivery of Coals in the Cities of London and Westminster, and in certain Parts of the Counties of Middlesex, Surrey, Kent, Essex, Hertfordshire, Buckinghamshire and Berkshire;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

St. Albans Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually improving the Road from the Pondyards, in the County of Hertford, to the Town of Chipping Barnet, in the same County," was committed; That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ld. Crofton's Claim to vote for Peers for Ireland, referred to Comee for Privileges.

Upon reading the Petition of The Right Honorable Edward Lord Crofton, in that Part of the United Kingdom called Ireland; setting forth, "That by Letters Patent under the Great Seal of Ireland, bearing Date the 1st Day of December 1797, His then Majesty King George the Third was pleased to create the Petitioner's Paternal Grandmother, Dame Ann Crofton, the Widow of Sir Edward Crofton Baronet, deceased, Baroness Crofton of Moate, in the County of Roscommon, with Remainder to the Heirs Male of her said late Husband: That the said Sir Edward Crofton deceased had Issue Sir Edward Crofton his eldest Son, the Petitioner's Father: That the Petitioner's said Father died in or about the 8th Day of January 1816, in the Lifetime of the said Baroness Crofton: That the said Ann Baroness Crofton died in the Year 1817, whereupon the Title of Baron Crofton descended to the Petitioner as the Heir Male of the first-named Sir Edward Crofton: That the Petitioner, in virtue of such Peerage, claims a Right to vote at the Election of Temporal Peers for Ireland; and prays, That his said Right may be admitted by their Lordships:"

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

Hackney Coaches Bill Petition of Proprietors of Hackney Coaches, &c. against:

Upon reading the Petition of the Proprietors of Hackney Coaches and Cabriolets, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to amend the Laws relating to Hackney Carriages, and to Waggons, Carts and Drays, used in the Metropolis; and to place the Collection of the Duties on Hackney Carriages and on Hawkers and Pedlars in England under the Commissioners of Stamps;" and praying their Lordships, "That, instead of passing the same, they would establish an Office for the due Regulation of Hackney Coaches and Cabriolets, and give Power to certain Commissioners to ascertain and fix the Number of Carriages required for the Public Convenience, and from Time to Time to arrange all the Details, impose Penalties and Rates of Fares, and make such other Regulations as the Interests of the Public shall require:"

It is Ordered, That the said Petition do lie on the Table.

Bill reported.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend the Laws relating to Hackney Carriages, and to Waggons, Carts and Drays, used in the Metropolis; and to place the Collection of the Duties on Hackney Carriages and on Hawkers and Pedlars in England under the Commissioners of Stamps."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Land Tax Double Assessments Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend Two Acts of the Thirty-fourth and Thirty-eighth Years of His Majesty King George the Third, so far as the same relate to Double Assessments of the Land Tax."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Turnpike Roads (Scotland) Bill.

Ordered, That the Bill, intituled, "An Act for amending and making more effectual the Laws concerning Turnpike Roads in Scotland," be read a Second Time on Friday next.

Bankruptcy Court Bill.

It was moved, "That the Order made on Monday last, "That the Bill, intituled, "An Act to establish a Court in Bankruptcy," be again re-committed to a Committee of the Whole House on Thursday next; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be again re-committed to a Committee of the Whole House on Tuesday next; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quintum diem instantis Septembris, horâ decimâ Auroræ, Dominis sic decernentibus.