House of Lords Journal Volume 64: 14 August 1832

Die Martis, 14° Augusti 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Magistrates of Dingwall et al. v. Mackenzie & Munro, Appellants Petition for Time for their Case, referred to Appeal Com ee.

Upon reading the Petition of The Provost and Magistrates of Dingwall, and others, Appellants in a Cause depending in this House, to which The Honorable Mrs. Maria Hay Mackenzie and Hugh Munro Esquire are Respondents; praying, "That their Lordships will be pleased to order that the Time for lodging their Case be extended to Six Weeks from the 12th Day of September next:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

E. of Belmore takes the Oaths.

This Day Somerset Lowry Earl of Belmore took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

14th Report from Appeal Com ee.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Causes in which Prints of the Parties Cases, now depending in this House upon Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House; and of other Matters relating thereto; and to report to the House; and to whom were referred certain Petitions in the following Causes; Adamson against Stormonth; Lawson against Ogilvy; The Marquess of Donegal against Grattan; Lord Macdonald against Macdonald; Lord Macdonald against Macdonald; Lord Macdonald against Macdonald; Henry against Mac Ewan; Ferrier against the Trustees of Peter Wood and another; Ferrier against the Trustees of Peter Wood and others; Ferrier against the Trustees of Peter Wood and others; Hunter against Lawrence; The Viscount Lorton against The Earl of Kingston, et e contra; Amphlett against Parke; The King of Spain against Hullett; and the Corporation of Dublin against The Attorney General of Ireland; "That the Committee had met, and considered the Respondents Petition in the Cause Adamson and another against Stormonth or Darling and others, praying their Lordships now to receive their printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may be allowed now to deliver in their printed Cases: That the Committee had also considered the Appellant's Petition in the Cause Lawson against Ogilvy and another, praying their Lordships to grant him further Time to lodge his printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioner may be allowed until the 1st of January next to deliver in his printed Cases: That the Committee had also considered the Appellants Petition in the Cause George Augustus Marquess of Donegal and another against Grattan and another, praying their Lordships that they may have Four Months further Time to prepare their printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may be allowed Three Months further Time to deliver in their printed Cases: That the Committee had also considered the Appellants Petitions in the Three Causes, The Honorable Godfrey Lord Macdonald against The Honorable Archibald Macdonald and others, the said Godfrey Lord Macdonald against The Honorable Dudley Stewart Erskine Macdonald and another, and the said Godfrey Lord Macdonald against The Honorable Archibald Macdonald and others, severally praying their Lordships for Six Weeks further Time to lodge their printed Cases; and had heard the Respondents Agent thereon, who prayed of their Lordships, on the Part of the several Respondents, Six Weeks further Time to lodge their printed Cases; and the Committee are of Opinion, That the Appellants and Respondents in the said Three Appeals may respectively be allowed Six Weeks further Time to deliver in their printed Cases: That the Committee had also considered the Appellant's Petition in the Cause Henry against Mac Ewan, praying their Lordships for a Month's further Time to lodge his printed Case; and the Committee are of Opinion, That the Petitioner may be allowed a Month's further Time to deliver in his printed Cases: That the Committee had also considered the Petition of the Appellant in the Three Causes Ferrier against the Trustees of Peter Wood and another, Ferrier against the Trustees of Peter Wood and others, and Ferrier against the Trustees of Peter Wood and others, praying their Lordships to enlarge the Time for lodging the Appellant's printed Cases in the said Three Appeals for Six Weeks from the 28th of September next; and had heard the Agents thereon, and the Committee are of Opinion, That the Time for lodging the printed Cases of the Appellant in the said Three Causes may be enlarged for Six Weeks from the said 28th of September next: That the Committee had also considered the Appellant's Petition in the Cause Hunter against Lawrance and others, praying their Lordships for Six Weeks Time for lodging his printed Cases; and had heard the Appellant's Agent thereon, and the Committee are of Opinion, That the Petitioner may be allowed Six Weeks Time to deliver in his printed Cases: That the Committee had also considered the Petition of George Earl of Kingston, One of the Respondents in the Original, Appellant in the Cross Appeal, Robert Edward Viscount Lorton and another against George Earl of Kingston and others, praying their Lordships to grant Time to the Petitioner to lay his printed Case in the said Original Appeal on the Table of the House, until Friday the 21st of September next, the Day allowed by their Lordships Standing Order for laying the Petitioner's printed Case in the Cross Appeal on the Table of the House ; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioner may be allowed until the 21st of September next to deliver in his printed Cases in the said Original Appeal, as desired: That the Committee had also considered the Petition of Lydia Amphlett Widow and others, praying their Lordships that they may be at liberty forthwith to present their Petition of Appeal against a Decree and Declaration of The Lord Chancellor, of the 11th of February 1831, made in a Cause between the Petitioners and Rawson Parke; and had heard the Petitioners Agent thereon, and the Committee are of Opinion, under the Circumstances of the Case, That the Petitioners may be allowed forthwith to present their Petition of Appeal, as desired: That the Committee had also considered the Petition of His Catholic Majesty The King of Spain and the Indies, praying their Lordships to permit the Petitioner to present his Petition of Appeal against an Order of the Court of Chancery of the 8th of May 1830, and an Order of the 6th of July 1830, the Report of Master Trower of the 17th of November 1831, and the Order thereon of the 15th of March 1832, and Two several Orders of the Court of Chancery bearing Date respectively the 14th of May 1832, notwithstanding the Time limited by their Lordships Standing Order for presenting such Petition of Appeal may have elapsed; and had heard the Petitioner's Agent thereon, and the Committee are of Opinion, under the Circumstances of the Case, That the Petitioner may be allowed to present his said Petition of Appeal, as desired: And that the Committee had also considered the Respondents Petition in the Cause the Corporation of the City of Dublin against The Attorney General of Ireland, at the Relation of John M'Mullen, and others, praying their Lordships that they may be at liberty to lodge with their Lordships Prints of the Judgment of The Master of the Rolls for Ireland, and that the same may be received and used as an additional Appendix to the Petitioners Case in the same Manner as if the same had been originally printed and lodged by the Petitioners at the Time of lodging their said Case, the Petitioners undertaking to lodge at their Lordships Bar a Copy of the said Judgment duly authenticated, in the usual Manner; and had heard the Agents thereon, and the Committee are of Opinion, That the Prayer of the said Petition ought not to be complied with."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

The King of Spain v. Hullett & Widder:

Upon reading the Petition and Appeal of His Catholic Majesty Ferdinand the Seventh, King of Spain and the Indies, complaining of Three Orders of the Court of Chancery, of the 8th of May and 6th of July 1830, and the 15th of March 1832; and also of Two Orders of the said Court, dated respectively the 14th of May 1832; and praying, "That the same may be reversed, or that the Appellant may have such further and other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Hullett and Charles Widder may be required to answer the said Appeal:"

It is Ordered, That the said John Hullett and Charles Widder may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 28th Day of this instant August; and Service of this Order upon the Solicitor or Clerk in Court of the said Respondents shall be deemed good Service.

Matthiessen to enter into a Recogce on it:

The House being moved, "That William Matthiessen of Finsbury Square, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Ferdinand the Seventh, King of Spain and the Indies, on account of His Appeal depending in this House:"

The same was agreed to; and Ordered accordingly.

Petition of the Appellant for Time for His Case, referred to Appeal Com ee.

Upon reading the Petition of Ferdinand the Seventh, King of Spain and the Indies, Appellant in the last-mentioned Cause; praying their Lordships, "That He may be allowed Time 'till the Second Day of the next Session of Parliament to deliver His printed Case in the Matter of this Appeal:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Luke et al. v. Hunter et al.

The House proceeded to take into further Consideration the Cause wherein Adam Luke, and others, are Appellants, and The Reverend John Hunter, and others, are Respondents:

And Consideration being had thereof;

Ordered, That the further Consideration of the said Cause be put off 'till To-morrow.

Aberdeen Colleges Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to authorize the Purchase of the Rights of Literary Property enjoyed by the King's and Marischal Colleges in Aberdeen;"

Ordered, That the said Order be discharged.

Roman Catholics Bequests Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for the better securing the Charitable Donations and Bequests of His Majesty's Subjects in Great Britain professing the Roman Catholic Religion;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Assessed Taxes Composition Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to continue, until the Fifth Day of April One thousand eight hundred and thirty-four, Compositions for the Assessed Taxes, and to grant Relief in certain Cases;"

The said Bill was accordingly read the Third Time.

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 2 preceding Bills.

And Messages were, severally, ordered to be sent to the House of Commons, by Mr. Trower and Mr. Roupell;

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

The Ld. Chancellor's Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for making Provision for The Lord High Chancellor of England in lieu of Fees heretofore received by him;"

The said Bill was accordingly read the Third Time.

Then the following Amendments were made to the said Bill:

Pr. 14. L. 9. After ("Hanaper") insert ("the Sealer")

Pr. 15. L. 5. After ("Hanaper") insert ("the Sealer")

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 ordered to be 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 some Amendments, to which their Lordships desire their Concurrence.

Land Revenue (Scotland) Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to authorize the Hereditary Land Revenues of the Crown in Scotland being placed under the Management of the Commissioners of the Land Revenues;"

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 ordered to be sent to the House of Commons, by the former Messengers;

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

Stage Carriages, &c. Duties Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to repeal the Duties under the Management of the Commissioners of Stamps on Stage Carriages and on Horses let for Hire in Great Britain, and to grant other Duties in lieu thereof; and also to consolidate and amend the Laws relating thereto."

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."

Order for 3 a.

Ordered, That the said Bill be read the Third Time To-morrow.

Deputy Lieutenants, &c. Return of Qualifications of, delivered.

The Lord Melbourne laid before the House, pursuant to the Directions of an Act of Parliament,

"A Return of the Qualifications of Deputy Lieutenants and Militia Officers that have been transmitted to His Majesty's Principal Secretary of State for the Home Department since the Date of those last presented to the House of Lords;" together with a List thereof.

Which List was read by the Clerk as follows; (viz ^t.)

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

West India Islands Relief Bill, Petition from Demerary, &c. against:

Upon reading the Petition of the Planters, Merchants and others possessing Property in the Colonies of Demerary, Essequebo and Berbice, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for enabling His Majesty to direct the Issue of Exchequer Bills to a limited Amount, for the Purposes and in the Manner therein mentioned; and for giving Relief to Trinidad, British Guiana and St. Lucie;" and praying, "That their Lordships will be pleased not to grant the Measure of alleged Relief coupled with the Condition of their adopting the Order in Council of the 2d of November 1831, for improving the Condition of Slaves in His Majesty's Colonies of Trinidad, British Guiana, Saint Lucia, the Cape of Good Hope and the Mauritius:"

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 last-mentioned Bill.

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."

Order for 3 a.

Ordered, That the said Bill be read the Third Time To-morrow.

Greek Convention Bill, Petition of A. Loughnan respecting.

Upon reading the Petition of Andrew Loughnan of Coleman Street, in the City of London, Merchant; taking notice of a Bill depending in this House, intituled, "An Act to enable His Majesty to carry into Effect a Convention made between His Majesty and The King of the French, and Emperor of all the Russias, and The King of Bavaria;" and praying their Lordships, "That in passing the same, which enables His Majesty to guarantee a Loan for the Government of Greece, they will be pleased to make Provision for the Protection of the Rights of the Petitioner, and the other Holders of Greek Bonds of 1824:"

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

Juries (India) 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 Law relating to the Appointment of Justices of the Peace and of Juries in the East Indies."

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."

Order for 3 a.

Ordered, That the said Bill be read the Third Time To-morrow.

Party Processions (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to restrain for Five Years, in certain Cases, Party Processions in Ireland."

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."

Order for 3 a.

Ordered, That the said Bill be read the Third Time To-morrow.

Greek Convention Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable His Majesty to carry into Effect a Convention made between His Majesty and The King of the French, and Emperor of all the Russias, and The King of Bavaria."

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."

Order for 3 a.

Ordered, That the said Bill be read the Third Time To-morrow.

Civil List Payments Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to provide for the Salaries of certain High and Judicial Officers, and of Payments heretofore made out of the Civil List Revenues."

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."

Order for 3 a.

Ordered, That the said Bill be read the Third Time To-morrow.

Orders in Council under Cholera Prevention Acts delivered.

The Lord President laid before the House, pursuant to the Directions of several Acts of Parliament,

"Order in Council for raising Monies to defray the Expences of the Board of Health for the City of Chester; dated 24th July 1832:"

Also, "Order in Council to enable Boards of Health in Scotland to remove Nuisances, provide Burial Grounds, and procure Assistance for the sick Poor, &c. dated 23d July 1832:"

Also, "Order in Council to enable the Board of Health at Stewarton, North Britain, to raise Funds to defray the Expences of the Board; dated 28th July 1832:"

And also, "Order in Council to enable the Board of Health for the Burgh of Hamilton, North Britain, to raise Funds to defray the Expences of the Board; dated 6th August 1832."

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Papers be printed.

Forgery 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 abolishing the Punishment of Death in Cases of Forgery."

The said Amendments were read by the Clerk as follow; (viz ^t.)

"Pr. 2. L. 1. Leave out from ("That") to ("enjoins") in line 2, and insert ("where any Person shall after the passing of this Act be convicted of any Offence whatsoever for which the said Act")

"L. 4. Leave out from ("Death") to ("procuring") in Line 12, and insert ("or where any Person shall after the passing of this Act be convicted, in Scotland or Ireland, of any Offence now punishable with Death, which Offence shall consist wholly or in part of forging or altering any Writing, Instrument, Matter or Thing whatsoever, or of offering, uttering or disposing of any Writing, Instrument, Matter or Thing whatsoever, knowing the same to be forged or altered, or of falsely personating another, then and in each of the Cases aforesaid the Person so convicted of any such Offence as aforesaid, or of")

"L. 13. Leave out from ("Commission") to ("shall") in Line 18, and insert ("thereof") and in Line 18 after ("shall") insert ("not")

"L. 19. Leave out from ("him") to ("shall") in Line 31, and insert ("but") and in Line 31 leave out from ("shall") to ("be") in line 33.

"L. 35. Leave out from ("Life") to ("And") in Press 3, Line 6.

"Pr. 3. L. 11. After ("Instrument") insert ("or Writing")

"L. 13. Leave out from ("Fac-simile") to ("but") in Line 14, and insert ("thereof")

Then the First Amendment made by the Committee to the said Bill, being read a Second Time, was agreed to by the House.

The Six next Amendments made by the Committee to the said Bill, being read a Second Time, were, severally, agreed to by the House.

Then it was moved, in Press 2, Line 35, "after ("Life") to insert the following Clause:

"Provided always, and be it enacted, That, notwithstanding any thing herein-before contained, this Act shall not be construed to affect or alter the said recited Act or any other Act or Law now in force so far as the same may authorize the Punishment of Death to be inflicted upon any Person convicted, either in England, Scotland or Ireland, of forging or altering, or of offering, uttering or disposing of, knowing the same to be forged or altered, any Will, Testament, Codicil or Testamentary Writing, with Intent to defraud any Body Corporate or Person whatsoever, or of forging or altering, or of uttering knowing the same to be forged or altered, any Power of Attorney or other Authority to transfer any Share or Interest of or in any Stock, Annuity or other Public Fund which now is or hereafter may be transferable at the Bank of England, or South Sea House, or at the Bank of Ireland, or to receive any Dividend payable in respect of any such Share or Interest, with Intent to defraud any Body Corporate or Person whatsoever, or of procuring, aiding or assisting in the Commission of any of the said Offences, but that the Punishment for each and every of the said Offences, and for procuring, aiding or assisting in the Commission thereof, shall continue to be the same as if this Act had not been passed."

Which being objected to;

After short Debate,

The Question was put, "Whether the said Clause shall be there inserted?"

It was resolved in the Affirmative.

The rest of the Amendments made by the Committee to the said Bill, being read a Second Time, were, severally, agreed to by the House.

Order for 3 a.

Ordered, That the said Bill be read the Third Time To-morrow.

Return of The Ld. Chancellor's Income, Ordered.

Ordered, That there be laid before this House, "A Return of the Income of The Lord Chancellor from 1st January 1831 to 1st January 1832, with the Sources whence the same was derived."

Adjourn.

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