House of Lords Journal Volume 64: 23 July 1832

Journal of the House of Lords: Volume 64, 1831-1832. Originally published by His Majesty's Stationery Office, London, [n.d.].

This free content was digitised by double rekeying. All rights reserved.

'House of Lords Journal Volume 64: 23 July 1832', in Journal of the House of Lords: Volume 64, 1831-1832, (London, [n.d.]) pp. 398-400. British History Online https://www.british-history.ac.uk/lords-jrnl/vol64/pp398-400 [accessed 19 March 2024]

Image
Image
Image

In this section

Die Lunæ, 23° Julii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.
Ds. Brougham
& Vaux,
Cancellarius.
Archiep. Armacan.
Epus. Cicestrien.
Epus. Hereford.
Epus. Kilmoren.
-
Ds. Melbourne, Unus Primariorum Secretariorum.
Ds. Dacre.
Ds. Howard of Effingham.
Ds. Saye & Sele.
Ds. Clifton.
Ds. Teynham.
Ds. Colville of Culross.
Ds. Holland.
Ds. Ducie.
Ds. Sundridge & Hamilton.
Ds. Foley.
Ds. Montagu.
Ds. Kenyon.
Ds. Auckland.
Ds. Dundas.
Ds. Lilford.
Ds. Ellenborough.
Ds. Barham.
Ds. Mont Eagle.
Ds. Glenlyon.
Ds. Oriel.
Ds. Ravensworth.
Ds. Somerhill.
Ds. Fife.
Ds. Plunket.
Ds. Melros.
Ds. Stuart de Rothesay.
Ds. Fingall.
Ds. Sefton.
Ds. Clements.
Ds. Kenlis.
Ds. Chaworth.
Ds. Howden.
Ds. Poltimore.
Ds. Templemore.
March. Lansdowne, Præses.
Dux Richmond.
Dux Beaufort.
Dux Leeds.
Dux Portland.
Dux Wellington.
March. Queensberry.
March. Tweeddale.
March. Bute.
March. Westmeath.
March. Cleveland.
Comes Westmorland.
Comes Shaftesbury.
Comes Albemarle.
Comes Jersey.
Comes Selkirk.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Radnor.
Comes Hillsborough.
Comes Digby.
Comes Mansfield.
Comes Charlemont.
Comes Caledon.
Comes Limerick.
Comes Gosford.
Comes Grey.
Comes Minto.
Comes Beauchamp.
Comes Glengall.
Comes Stradbroke.
Comes Amherst.
Vicecom. Leinster.
Vicecom. Sydney.
Vicecom. Hood.
Vicecom. Doneraile.
Vicecom. Gordon.
Vicecom. Goderich.

PRAYERS.

Hunter v. Lawrence et al.

The Answer of Isobel Lawrence or George, James Allardes, George Gordon and Thomas Johnston, and of Andrew Dun, to the Petition and Appeal of John Hunter, Writer to the Signet in Edinburgh, was this Day brought in.

A. & J. Dixon v. Dixon et al.

After hearing Counsel fully in the Cause wherein Anthony Dixon Esquire and Joseph Dixon Esquire are Appellants, and William Dixon, and others, are Respondents:

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

Marqs of Londonderry's Estate Bill, Report of the Judges in Ireland read & referred to the Com ee.

The Report of the Judges in Ireland, to whom was referred a Copy of the Bill, intituled, "An Act for settling certain Manors and Estates in the County of Durham to the Uses of the Marriage Settlement of The Most Honorable Charles William Vane Marquis of Londonderry and The Most Honorable Frances Anne Vane Marchioness of Londonderry his Wife; and for other Purposes therein mentioned," for the Purpose of taking the Consent of Edmund M'Donnell Esquire thereto, was read:

Ordered, That the said Report be referred to the Committee to whom the said Bill stands committed.

Nicol v. Sir R. W. Vaughan et al:

The House proceeded to take into further Consideration the Cause wherein William Nicol is Appellant, and Sir Robert Williams Vaughan Baronet, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Thursday the 5th Day of April as on Monday the 14th Day of May last, upon the Petition and Appeal of William Nicol, the Administrator of the Goods, Chattels and Credits of George Nicol of Pall Mall, in the County of Middlesex, Bookseller, deceased; complaining of an Order of the Court of Chancery, of the 2d of December 1831; and praying, "That the same might be reversed, so far as the same is complained of, and that it might be ordered that the Master's Report of the 21st Day of March 1828 might be absolutely confirmed, 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 Sir Robert Williams Vaughan Baronet, His Majesty's Attorney General, John Bellenden Ker, John Bulteil, George Finch, Charles Fielding, Heneage Finch, Matilda Fielding, John Drummond and Georgiana Augusta his Wife, Lord Robert Stephen Fitzgerald and Lady Sophia Charlotte his Wife, Georgiana Matilda Drummond, Augusta Sophia Hicks and James Garrety, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Order in Part Reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Order of the Court of Chancery be, and the same is hereby Reversed, so far as by such Order it is declared that the said Bond for Twelve thousand Pounds, executed by Lady Essex Ker and Lady Mary Ker to George Nicol; bearing Date the 15th Day of July 1815, was intended, to the Extent of Ten thousand Pounds, as a Counter Security for the Engagement into which he had entered as Surety for the said Lady Essex Ker and Lady Mary Ker in the Bond for Ten thousand Pounds executed by the said Lady Essex Ker and Lady Mary Ker to Thomas Coutts, bearing Date the said 15th Day of July 1815, and so far as it was thereby ordered that the Sum of Five Pounds, deposited with the Registrar on setting down the said Exception to be heard, should be returned to the Respondent Sir Robert Williams Vaughan, and so far as it was thereby ordered that it should be referred back to the said Master to review his Report, according to the foregoing Declaration: And it is further Ordered and Declared, That the said Master's Report of the 21st Day of March 1828 ought to be, and the same is hereby Confirmed.

Sir C. Cockerell et al. v. Cholmeley:

The House proceeded to take into further Consideration the Cause wherein Sir Charles Cockerell Baronet, and others, are Appellants, and Francis Cholmeley is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Wednesday the 20th as on Thursday the 21st Days of June last, upon the Petition and Appeal of Sir Charles Cockerell of Piccadilly, in the Parish of Saint George Hanover Square, in the County of Middlesex, Baronet; Henry Trail of Brook Street, in the said Parish of Saint George Hanover Square, in the said County of Middlesex, Esquire; Sir Charles Richard Blunt of Heathfield Park, in the County of Sussex, Baronet; The Most Noble George Duke of Marlborough; and James Blackstone of the University of Oxford, Doctor of Laws; complaining of a Decree or Order of The Master of the Rolls, of the 17th of March 1830, which Decree or Order was signed and enrolled in the High Court of Chancery on the 2d Day of August 1830, (which Appeal, upon the Death of James Blackstone, One of the Appellants, was, by Order of this House of the 25th Day of February 1831, revived in the Name of William Seymour Blackstone Esquire, eldest Son and Heir at Law of the said James Blackstone deceased;) and praying, "That the same might be reversed, or that the Appellants 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 Francis Cholmeley 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 or Order therein complained of, be, and the same is hereby Affirmed.

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

Education, Reform, & Tithes, (Ireland,) Petition from Cong respecting.

Upon reading the Petition of the Inhabitants of the Parish of Cong, in the County of Mayo, Ireland, whose Names are thereunto subscribed; praying their Lordships, "That the present Plan of Education in Ireland adopted by the Government may be continued; that Ireland may not be marked with the opprobrious Act of Injustice of withholding from her a Bill of Reform equally extensive with that extended to England and Scotland, without which Ireland can never be satisfied; and that the odious, vexatious and unjust Tithe Tax may be totally abolished in Name and in Reality, and that the oppressed People, too poor to provide for themselves Houses of Worship, and often attending their Spiritual Duties in the open Air for Want of such Places, may not by Law be compelled to support an idle Clergy in Splendour, and to build, enlarge and decorate their Churches, without receiving any Remuneration whatever:"

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

Tithes, (Ireland,) Petition from Clahane & Ballyduff for Abolition of.

Upon reading the Petition of the Persons whose Names are thereunto subscribed, being Tithe Payers in the Parishes of Clahane and Ballyduff, in the County of Kerry; praying their Lordships "for a Legislative Enactment which will totally abolish Tithes in Ireland:"

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

Frank's Estate Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Richard Bacon Frank Esquire, jointly with the Committee of the Estate of Edward Frank Clerk, his Father, (a Person of unsound Mind,) to make Appointments of Estates in the Counties of Norfolk and Suffolk and County of the City of Norwich, by way of Family Arrangement and Settlement, conformably to Two Orders of The Lord Chancellor in the Matter of the said Edward Frank; and also to confirm an Annuity to be charged on the Life Estate of the said Edward Frank."

Then several Amendments were made to the said Bill.

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 Mr. Wingfield and Mr. Farrer;

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

Linen, &c. Manufactures (Ireland) Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better Regulation of the Linen and Hempen Manufactures of Ireland."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Education, (Ireland,) Petitions in favor of proposed Plan:

Upon reading the Petition of the Protestant Dissenters of the Baptist Persuasion assembling in Byrom Street Chapel, whose Names are thereunto subscribed:

(Byrom Street Chapel:) Gloucester Street Chapel:

Also, Upon reading the Petition of the Protestant Dissenters of the Independent Persuasion assembling in Gloucester Street Chapel, whose Names are thereunto subscribed:

Presbyu of Antrim.

And also, Upon reading the Petition of the Ministers of the Presbytery of Antrim, whose Names are thereunto subscribed; severally praying their Lordships "to advance the Measure introduced by His Majesty's Ministers for the Education of the Poor in Ireland, which they trust will prove beneficial to the Country:"

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

Newfoundland Fisheries Bill.

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

With a Bill, intituled, "An Act to continue, until the Thirty-first Day of December One thousand eight hundred and thirty-four, an Act of the Fifth Year of His late Majesty, relating to the Fisheries in Newfoundland;" to which they desire the Concurrence of this House.

Appropriation of Duties (Newfoundland) Bill.

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

With a Bill, intituled, "An Act to continue certain Acts relating to the Island of Newfoundland, and to provide for the Appropriation of all Duties which may hereafter be raised within the said Island;" to which they desire the Concurrence of this House.

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

Anatomy Bill.

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

To return the Bill, intituled, "An Act for regulating Schools of Anatomy;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Sheriffs Expences Bill.

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

With a Bill, intituled, "An Act to regulate the Office of Sheriff, to reduce the Expences attending it, and to facilitate the passing the Accounts;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Summons of the Lords, Order for, discharged.

It was moved, "That the Order made on Monday last, "That all the Lords be summoned to attend the Service of the House on Tuesday the 24th of this instant July," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Reform, (Ireland,) Petition from Mayo to add Two more Members to the County.

Upon reading the Petition of the Freeholders of the County of Mayo, whose Names are thereunto subscribed; praying their Lordships "to consider the great and increasing Population and Wealth of their Native County, and that their Lordships will add Two more Members of Parliament to the Number returned to represent that County:"

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

Lunatics Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for regulating for Three Years the Care and Treatment of Insane Persons in England;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

A Message was sent to the House of Commons, by the former Messengers;

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

Reform (Ireland) Bill, Petitions for Alteration of: (Graduates of the University of Dublin:)

Upon reading the Petition of the Graduates of the University of Dublin, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to amend the Representation of the People of Ireland;" and praying their Lordships, That in case any Change be made in the Constituency of the University of Dublin, it may be effected on the Principle of Assimilation to the Constituencies of Oxford and Cambridge, which the Petitioners submit would be more advantageous to the University and satisfactory to the Country:"

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

Dublin College:

Upon reading the Petition of The Provost, Fellows and Scholars of the College of the Holy and Undivided Trinity of Queen Elizabeth, near Dublin, under their Common Seal:

and Junior Fellows thereof:

And also, Upon reading the Petition of the Junior Fellows of the College of the Holy and Undivided Trinity of Queen Elizabeth, near Dublin, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and severally praying their Lordships "to take into Consideration their former Petitions to this House, severally praying, "that if it should appear necessary to make any Change in the Constituency of the University of Dublin, the same might be done by transferring the Elective Franchise to Masters of Arts retaining their Names on the Boards or Books of the University, agreeably to the Usage of both Oxford and Cambridge:"

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

Bill read 2 a, & committed.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for amending the Representation of the People of Ireland;" and for the Lords to be summoned;

It was moved, "That the said Bill be now read a Second Time."

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was read a Second Time.

Ordered, That the said Bill be committed to a Committee of the Whole House.

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

Ferrier v. Trustees of Wood, et al.

Upon reading the Petition and Appeal of Charles Ferrier, Accountant in Edinburgh, Trustee of John White, Pursuer of the Process of Ranking and Sale brought at his Instance against William Cunningham Cunningham Graham of Gartmore, and his Creditors; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 2d of June 1832; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Mowbray Merchant, Robert Menzies Ship Builder, and William Waddell Merchant, all in Leith, the Trustees of Peter Wood, Merchant in Leith, deceased; Francis Howden, James Spittal, James Hotchkis and Francis Brodie, all residing in the City of Edinburgh, the Trustees of the Scottish Union Insurance Company; Miss Amelia Wilhelmina Kerr, residing in Musselburgh, Colonel Alexander Loraine, residing in Edinburgh, Mrs. Margaret Loraine his Wife, Sir Charles Kerr of Gateshaw, Knight, and Dr. David Hay, Physician in Edinburgh, the Trustees for General Kerr deceased; Vans, Son of Robert Vans Agnew Esquire, of Sheuchan, and General Dunlop of Dunlop, the Trustees of the said Robert Vans Agnew; Mrs. Rachael Thomson M'Kerras otherwise Veitch, Relict of John Veitch Esquire, of Olive Bank; Maurice Carmichael Esquire, of Eastend; James Tytler, Writer to the Signet, in Trust for Lieutenant Colonel Patrick Tytler; and the said Lieutenant Colonel Patrick Tytler, may be required to answer the said Appeal:"

It is Ordered, That the said William Mowbray, and the several other Persons last named, 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 20th Day of August next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Robertson to enter into a Recogce on Bruce's Appeal.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Archibald Bruce, on account of his Appeal depending in this House, he being resident in Scotland:"

The same was agreed to; and Ordered accordingly.

Com ee on West India Colonies, Capt. Williams to attend.

Ordered, That Captain Hamlyn Williams do attend this House on Thursday next, to be sworn, in order to his being examined as a Witness before the Select Committee on the State of the West India Colonies.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quartum diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.