House of Lords Journal Volume 64: 5 June 1832

Die Martis, 5° Junii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Zemindar of Nozeed Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for providing for the Discharge of a Claim in respect of Monies advanced by the late James Hodges Esquire on Security of the Lands of the late Zemindar of Nozeed and Mustaphanagur, in the District of Fort Saint George, in the East Indies, now under the Government of The Honorable the East India Company;" and for hearing Counsel, on behalf of The United Company of Merchants of England trading to the East Indies, against the same, as also Counsel for the Bill; and for the Lords to be summoned;

Counsel were accordingly called in:

And Mr. Serjeant Spankie and Mr. Wigram appearing as Counsel on behalf of The East India Company; and Mr. Harrison and Mr. Miller appearing as Counsel in support of the Bill;

Upon Suggestion of the Counsel for the Bill, the House allowed The Lord Bishop of Worcester to be examined on a particular Point.

And his Lordship, having been sworn, at the Table, by The Lord Chancellor, was examined, in his Place, by the Counsel in support of the Bill, as follows:

"May I request the Favor of your Lordship stating at what Period you became acquainted with Mrs. Hodges, so as to know the State of her Mind?"

"I should think about the Year 1809. I am not positive at this Moment, but very little before or after that Year."

"After that Period had your Lordship Opportunities of seeing her, and of observing any thing singular in her Conduct?"

"Very frequent Opportunities."

"In those Opportunities had your Lordship any Means of observing any peculiar Habit and State of Mind?"

"I certainly thought her from the very first a very eccentric Person."

"Of what Description were any of those Eccentricities with a view to her State of Mind as ultimately established by the Commission?"

"I think it was in 1813 or 1814 when she became lunatic; in short, I put her under a State of Coercion; her Family were absent, and they begged me frequently to look after her."

"Anterior to that Period had your Lordship observed any thing in her Conversation and Manner which led you to believe she was capable of attending to her Affairs?"

"At Times certainly not."

"Looking to the Circumstance of her ultimately becoming so insane as to render Legal Proceedings necessary - coupling this with her former Habits and Conversation, has your Lordship formed any Opinion as to what was her State of Mind with reference to those Eccentricities, whether they were remarkable Eccentricities, or such Eccentricities as would not be observable?"

"I thought her during the whole of the Time not quite right in her Mind."

"Does your Lordship recollect her having any particular Anxiety on the Subject of any Papers?"

"Yes, perfectly. Some short Period before she was placed under Restraint she frequently beckoned me into her House. I was then Vicar of Brighton. She frequently thought that there were Bailiffs and Persons in the House about to seize her. She once beckoned me up Two Pair of Stairs, and locked the Door, and she pointed to a Box of Papers that she said were of the utmost Importance to her. What those Papers were I had no Means of knowing."

"Does your Lordship recollect any other Circumstance anterior to that upon the Subject of the Manner in which she was treated at Brighton?"

"She fancied every body imposed upon her; that they sent her Cats instead of Rabbits."

Cross-examined.

"Did Mrs. Hodges visit Brighton accompanied by her Family?"

"Yes; they came to settle her there."

"Did she continue up to 1813 or 1814 with her Family?"

"She lived alone in her own House, her Family frequently coming down to see her."

"After 1813 or 1814 was she ever let go at large?"

"I apprehend, certainly not. I was a Witness when the Enquiry took place."

"In ordinary Times had she lucid Intervals?"

"Certainly."

"In which she was capable of talking and understanding Business?"

"Oh! certainly."

(By a Lord.) "Do you mean after 1813?"

(Mr. Serjeant Spankie.) "No, my Lord; after 1809, and up to 1813.-After 1813 had Mrs. Hodges any lucid Intervals?"

"I never saw her afterwards."

"Does your Lordship know about what Time in 1809 it was when you first became acquainted with her?"

"It might have been 1808 or 1810. I was not aware 'till this Morning I should be called upon to speak to this Matter."

(By a Lord.) "Your Lordship says she was at Times not in her right Mind?"

"She was very strange and eccentric; it was always relating to her Affairs; she was always speaking of her Money. I believe she had Plenty of Money, but she has frequently pleaded Poverty, and spoke of herself in a Way I knew could not be correct."

"Should you say she was ever for Eight or Ten Months at a Time capable of attending to her Affairs?"

"I should think, certainly. I never knew her but when she was capable of taking care of herself."

"Was she capable of attending to her Affairs, and giving Directions to her Solicitor?"

"I should think not."

"During any Time from 1808 to 1813?"

"I hardly know how to answer the Question. I never spoke to her on Business; I was only to see that she was taken care of."

"Did you ever happen to hear her mention this Claim?"

"Yes, I recollect hearing her talk about Claims on India; but I never made any Enquiry into it."

"Upon that Subject was she eccentric?"

"She was always eccentric."

"Did she ever state any Reason for not prosecuting this Claim?"

"Never. I never entered on any Subject of Business with her."

"Should you have thought her competent to enter into any Subject of serious Business?"

"No, I should have thought not, from the Time I knew her."

Then Mr. Serjeant Spankie was heard on behalf of the Petitioners against the Bill.

Mr. Wigram was also heard on behalf of the Petitioners against the Bill.

The Counsel were directed to withdraw.

Ordered, That the further Consideration and Third Reading of the said Bill be put off 'till To-morrow, at Half past Two o'Clock; and that the Lords be summoned.

Reform (England) Bill, Time extended for entering Protests.

Ordered, That such Lords as may think fit be at liberty to enter their Protests against the Third Reading and Passing of the Bill, intituled, "An Act to amend the Representation of the People in England and Wales," before Three o'Clock To-morrow, and to sign the same before the Rising of the House on that Day.

State of Circars, Papers respecting delivered.

The House being informed, "That Mr. Preston, from the Court of Directors of The East India Company, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of Yesterday,

"A Copy of the Letter from the Chief and Council of Masulipatam, dated 5th December 1783, on the general State of the Circars, to the Governor and Council of Madras:"

And also, "A Copy of the Minute of Lord Macartney, of 16th December 1783, in answer to the above."

And then he withdrew.

And the Titles thereof being read by the Clerk;

Ordered, That the said Papers do lie on the Table.

The House was adjourned during Pleasure.

The House was resumed by The Lord Tenterden, who sat Speaker by virtue of a former Commission.

Army Prize Money Bill.

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

With a Bill, intituled, "An Act for consolidating and amending the Laws relating to the Payment of Army Prize Money;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Regent's Park Acts Amendment Bill.

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

With a Bill, intituled, "An Act to extend the Jurisdiction of the Commissioners acting in the Execution of Three Acts for paving and regulating the Regent's Park, and several Streets and Places in Westminster, to certain other Streets and Places in Westminster; and for other Purposes;" to which they desire the Concurrence of this House.

Militia Ballots Suspension Bill.

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

With a Bill, intituled, "An Act to suspend, until the End of the next Session of Parliament, the making of Lists and the Ballots and Enrolments for the Militia of the United Kingdom;" to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time.

Privy Seal, &c. Bill.

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

With a Bill, intituled, "An Act to extend the Provisions of an Act of the Fifty-seventh Year of His Majesty King George the Third, for regulating the Offices of Clerks of the Signet and Privy Seal;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Customs Wharfs Sale Bill.

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

With a Bill, intituled, "An Act to enable the Commissioners of His Majesty's Treasury to convey certain Premises, the Property of the Crown, situate between London Bridge and the Tower of London;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Norfolk Assizes Bill.

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

With a Bill, intituled, "An Act for holding the Assizes for the County of Norfolk, and for the City of Norwich and County of the same City, Twice in every Year at Norwich;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Ordered, That the said Bill be read a Second Time on the 13th of this instant June.

Bristol Damages Compensation Bill.

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

With a Bill, intituled, "An Act for more easily providing Compensation for the Damage and Injury committed within the City of Bristol and County of the same City during the late Riots and Disturbances therein;" to which they desire the Concurrence of this House.

Prestwich & Bury Roads Bill.

A Message was brought from the House of Commons, by Lord Stanley and others;

With a Bill, intituled, "An Act for repairing and improving the Roads from Prestwich to Bury and Ratcliffe, in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time.

Doncaster & Selby Road Bill.

A Message was brought from the House of Commons, by Viscount Morpeth and others;

To return the Bill, intituled, "An Act for making and maintaining a Turnpike Road from the Town of Doncaster to the Town and Port of Selby, in the West Riding of the County of York;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto.

Edinburgh Police Bill.

A Message was brought from the House of Commons, by Viscount Morpeth and others;

With a Bill, intituled, "An Act for altering and amending certain Acts for regulating the Police of the City of Edinburgh and the adjoining Districts; and for other Purposes relating thereto;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Com ee on Elections of Peers for Scotland, D. Robertson to attend.

Ordered, That David Robertson Esquire do attend this House on Friday next, to be sworn, in order to his being examined as a Witness before the Committee for Privileges to whom the Report made from the Select Committee relating to Elections of Representative Peers for Scotland stands referred.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Gravesend Pier Bill recommitted:

The Order of the Day being read for taking into Consideration the Report made from the Lords Committees appointed to consider of the Bill, intituled, "An Act for amending an Act passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act for rebuilding, or for improving, regulating and maintaining the Town Quay of Gravesend, in the County of Kent, and the Landing Place belonging thereto;" and for building a Pier or Jetty adjoining thereto; and for other Purposes connected therewith;"

It was moved, "That the said Report be taken into further Consideration on this Day Six Months."

Which being objected to;

It was moved, "to leave out from ("That") to the End of the Motion, and insert ("the said Bill be re-committed")

After Debate,

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Motion?"

It was resolved in the Negative.

Then the Question was put, "Whether the Words proposed to be inserted in the said Motion shall be there inserted?"

It was resolved in the Affirmative.

Ordered, That the said Bill be re-committed to the Consideration of the same Committee:

Their Lordships, or any Five of them, to meet on the 15th of this instant June, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Evidence, & Petitions against & for it, referred to the Com ee.

Ordered, That the Evidence taken before the former Committee be referred to the Committee to whom the said Bill stands re-committed.

Ordered, That the Petition of the Inhabitants, Freemen, Ratepayers and Freeholders of Gravesend and Milton, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That they may be heard by themselves, their Counsel, Agents and Witnesses, against the same, and that the said Bill may not pass into a Law as it now stands," be referred to the Committee to whom the said Bill stands re-committed, and that the Petitioners be at liberty to be heard by themselves, their Counsel, Agents and Witnesses, against the same, as desired; and that Counsel be heard for the Bill at the same Time, if they think fit.

Ordered, That the several Petitions presented to the House, taking notice of the last-mentioned Bill, and praying their Lordships, "That the same may not pass into a Law," be referred to the Committee to whom the said Bill stands re-committed.

Ordered, That the several Petitions presented to the House, taking notice of the last-mentioned Bill, and praying their Lordships, "That the same may pass into a Law," be referred to the Committee to whom the said Bill stands re-committed.

Punishment of Death Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for abolishing the Punishment of Death in certain Cases, and substituting a lesser Punishment in lieu thereof;"

Ordered, That the House be put into a Committee upon the said Bill on the 15th of this instant June; and that the Lords be summoned.

Bribery at Elections Bill presented.

The Lord Wynford presented to the House a Bill, intituled, "An Act to amend the Law relating to Bribery in the Election of Members of Parliament."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Ld. Rivers' Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for effectually settling all the Estates in Great Britain which by the Will of the late Right Honorable George Pitt Lord Rivers deceased, dated the Fifteenth of March One thousand eight hundred and twenty-three, are required to be settled by The Right Honorable George Pitt Rivers now Lord Rivers to the Uses directed by such Will."

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

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by Sir Giffin Wilson and Mr. Martin;

To carry down the said Bill, and desire their Concurrence thereto.

Metropolis Cemetery Bill, Standing Order 210 to be considered.

Ordered, That the Standing Order, No. 210, relative to Joint Stock Companies Bills, be taken into Consideration To-morrow, in order to its being dispensed with upon the Bill, intituled, "An Act for establishing a General Cemetery for the Interment of the Dead in the Neighbourhood of the Metropolis;" and that the Lords be summoned.

Court of Exchequer (Scotland) Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for making Provision for the Dispatch of the Business now done by the Court of Exchequer in Scotland;"

Ordered, That the House be put into a Committee upon the said Bill on Friday next; and that the Lords be summoned.

British Museum Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable His Majesty, His Heirs and Successors, to appoint a Trustee of the British Museum."

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."

Vice Admiralty Courts Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to regulate the Practice and the Fees in the Vice Admiralty Courts Abroad, and to obviate Doubts as to their Jurisdiction."

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."

Crown Lands (Ireland) Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to promote the Improvement of a District of Mountain Land in the Counties of Limerick, Cork and Kerry, in Ireland, by making new Roads through the same; and to encourage the Employment of the poor Inhabitants thereof."

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."

Standard Life Assurance Co's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Standard Life Assurance Company to sue and be sued in the Name of their Manager; for confirming the Rules and Regulations of the said Company; and for other Purposes relating thereto."

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

It was resolved in the Affirmative.

Dudley & Brettell Lane Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for maintaining and improving certain Roads within the Counties of Worcester and Stafford called the Dudley and Brettell Lane District of Roads; and for making several Branches from such Roads."

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

It was resolved in the Affirmative.

Dudley & New Inn Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for improving certain Roads within the Counties of Worcester, Salop and Stafford, called the Dudley and New Inn District of Roads."

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

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 3 preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers;

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

Ladbroke's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to confirm certain Leases granted by James Weller Ladbroke Esquire of Land and Premises at Nottinghill, in the County of Middlesex; and for other Purposes."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet on the 18th of this instant June, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Ld. Willoughby de Eresby's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estates in the County of Sussex, devised by a Codicil to the Will of The Right Honourable Peter late Lord Gwydir, deceased, in Trustees, upon Trust to sell the same, and for laying out the Residue of the Monies arising from such Sale, after Payment thereout of a Charge affecting the same Estates, in the Purchase of other Estates, to be settled to the same Uses."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet on the 18th of this instant June, at the usual Time and Place; and to adjourn as they please.

Glasgow & Carlisle Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending and enlarging the Powers and renewing the Term granted by certain Acts passed for improving the Communication between the City of Glasgow and the City of Carlisle."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

The King v. Trafford et al.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein The King is Plaintiff, and Thomas Joseph Trafford, and others, are Defendants:"

It is Ordered, That this House will hear the said Errors argued, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Bushnell et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Bushnell, and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable The Reverend John Bushnell, and the Trustees of the Will of John Bushnell Esquire, deceased, to effect a Sale to Philip Pusey Esquire of the Manor or Lordship of Charney, in the County of Berks."

Prescription Bill.

Ordered, That the Bill, intituled, "An Act for shortening the Time of Prescription in certain Cases," be read a Second Time on the 14th of this instant June; and that the Lords be summoned.

Prescription, (Tithes,) Bill.

Ordered, That the Bill, intituled, "An Act for shortening the Time required in Claims of Modus decimandi, or Exemption from or Discharge of Tithes," be read a Second time on the 14th of this instant June; and that the Lords be summoned.

Hill & Moor Inclosure Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing Lands within the Hamlet of Hill and Moor, in the Parish of Fladbury, in the County of Worcester," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

Which Amendments were read by the Clerk as follow; (vizt.)

"Pr. 32. L. 12. Leave out ("on and")

"Pr. 35. L. 24. Leave out ("the said Manor") and in the same Line leave out ("within") and insert ("extending over")

"L. 26. After ("Moor") insert ("or any Part or Parts thereof")

"Pr. 43. L. 2. After ("Uses") insert ("is or")

"Pr. 74. L. 21. After ("where") insert ("any") and in the same Line leave out from ("such") to ("Person's") in Line 22.

"L. 30. Leave out ("Person or")

"Pr. 75. L. 3 & L. 4. After ("Money") insert ("as shall be")

"Pr. 89. L. 26. Leave out ("to")

And the said Amendments, being read a Second Time, were agreed to by the House.

Blake v. Boyle & Nixon.

Upon reading the Petition of Xaverius Blake, Appellant in a Cause depending in this House, to which Alexander Boyle and Andrew Nixon are Respondents; praying their Lordships, "That the Name "Andrew Nixon" may be altered throughout this Appeal, and in the Order directing the Respondents to answer the said Appeal, to Alexander Nixon, the said Alexander Nixon having been in this Appeal by Mistake called Andrew Nixon:"

It is Ordered, That the Name "Andrew Nixon" be altered to Alexander Nixon, throughout the said Appeal and in the said Order, as desired.

Thornbury Inclosure Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing Lands in the Parish of Thornbury, in the County of Gloucester," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Bristol Improvement Bill.

The Earl of Shaftesbury also reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing, lighting and watching the District of the United Parishes of Saint James and Saint Paul, in the County of Gloucester; and for the Care of the Poor thereof," 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."

Kellie Peerage, Mrs. Erskine to attend.

Ordered, That Mrs. Mary Erskine, Widow of Stewart Erskine Esquire, do attend this House on Friday next, to be sworn, in order to her being examined as a Witness before the Committee for Privileges to whom the Petition of John Francis Miller Earl of Mar, Lord Erskine, &c. claiming the Titles, Honors and Dignities of Earl of Kellie, Viscount Fenton and Lord Dirlton, to His Majesty; praying, "That His Majesty will be graciously pleased to give the proper Directions for having the Petitioner's Right to the said Titles and Honors declared and established;" together with His Majesty's Reference thereof to this House, stands referred.

Marriage Act, (Ireland,) Petition of J. Graham against Repeal of.

Upon reading the Petition of The Reverend John Graham, Rector of the Parish of Tamlaght Ard, commonly called Magilligan, in the Diocese of Derry; praying their Lordships, "That the Statute of the Twelfth of King George the First, prohibiting Marriages between Protestants and Catholics by Catholic Clergymen, may not be repealed:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, sextum diem instantis Junii, horâ undecimâ Auroræ, Dominis sic decernentibus.