House of Lords Journal Volume 64: 13 February 1832

Die Lunæ, 13° Februarii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Baillie v. Grant.

After hearing Counsel further in the Cause wherein Alexander Baillie is Appellant, and Miss Margaret Grant is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Wednesday the 22d of this instant February.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, The Lord Chancellor in the Middle, with The Duke of Richmond on his Right Hand, and The Earl of Shaftesbury on his Left; commanded the Yeoman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

Then the said Commission was read by the Clerk as follows; (vizt.)

"WILLIAM R.

"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 right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas in Our said Parliament divers and sundry Acts have been agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act to provide for the taking in and Payment of outstanding Lottery Tickets:" "An Act for uniting the Office of the Surveyor General of His Majesty's Works and Public Buildings with the Office of the Commissioners of His Majesty's Woods, Forests and Land Revenues; and for other Purposes relating to the Land Revenues:" "An Act to authorize the Application of Part of the Land Revenue of the Crown for the Completion of the Repair and Improvement of Buckingham Palace:" "An Act for more effectually preventing Embezzlements by Persons employed in the Public Service of His Majesty:" "An Act to provide for carrying on the Business of the Court of Session in Scotland when interrupted by the Death or necessary Absence of any of the Judges thereof." And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; And for as much as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the accustomed Place for giving Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; Commanding also by these Presents Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Our Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain, to seal these Our Letters Patent with Our Great Seal of Our United Kingdom of Great Britain and Ireland; and also commanding Our most dear Brothers and faithful Councillors Ernest Duke of Cumberland, Augustus Duke of Sussex, Adolphus Duke of Cambridge; Our most dear Cousin and faithful Councillor William Frederick Duke of Gloucester; The Most Reverend Father in God and Our faithful Councillor William Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain; Our most dear Cousin and Councillor Henry Marquess of Lansdowne, President of Our Council; Our wellbeloved and faithful Councillor John George Lord Durham, Keeper of Our Privy Seal; Our most dear Cousins and Councillors William Spencer Duke of Devonshire, Chamberlain of Our Household; Charles Duke of Richmond, George William Frederick Duke of Leeds, William Henry Duke of Portland, Arthur Duke of Wellington, Richard Duke of Buckingham and Chandos, Richard Marquess Wellesley, Steward of Our Household; Charles Marquess of Winchester, John Jeffreys Marquess Camden, Henry William Marquess of Anglesey, John Earl of Westmorland, George Earl of Carlisle, Cropley Ashley Earl of Shaftesbury, George Earl of Aberdeen, William Earl Fitzwilliam, George John Earl Spencer, John Earl of Chatham, Henry Earl Bathurst, Charles Earl Grey, John Earl of Eldon, John William Earl of Dudley, William Viscount Melbourne, Robert Viscount Melville, Henry Viscount Sidmouth, Frederick John Viscount Goderich; Our well-beloved and faithful Councillors Henry Richard Lord Holland, William Wyndham Lord Grenville, Edward Lord Ellenborough, Nicholas Lord Bexley, John Singleton Lord Lyndhurst and Charles Lord Tenterden, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite and hath been accustomed for the same, and also to enrol these Our Letters Patent, and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted and admitted good, sufficient and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding. In Witness whereof We have caused these Our Letters to be made Patent.

"Witness Ourself at Westminster, the Thirteenth Day of February, in the Second Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Bathurst."

Then The Lord Chancellor said,

"In obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, that His Majesty hath given his Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

Then the Deputy Clerk of the Crown, at the Table, read the Titles of the Bills to be passed, severally, as follow; (vizt.)

1. "An Act to provide for the taking in and Payment of outstanding Lottery Tickets."

2. "An Act for uniting the Office of the Surveyor General of His Majesty's Works and Public Buildings with the Office of the Commissioners of His Majesty's Woods, Forests and Land Revenues; and for other Purposes relating to the Land Revenues."

3. "An Act to authorize the Application of Part of the Land Revenue of the Crown for the Completion of the Repair and Improvement of Buckingham Palace."

4. "An Act for more effectually preventing Embezzlements by Persons employed in the Public Service of His Majesty."

5. "An Act to provide for carrying on the Business of the Court of Session in Scotland when interrupted by the Death or necessary Absence of any of the Judges thereof."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (vizt.)

"Le Roy le veult."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Hardingston Road Bill.

A Message was brought from the House of Commons, by Sir George Robinson and others;

With a Bill, intituled, "An Act for more effectually repairing and improving the Road from Hardingston to Old Stratford, in the County of Northampton;" to which they desire the Concurrence of this House.

Ipswich Road Bill.

A Message was brought from the House of Commons, by Sir George Robinson and others;

With a Bill, intituled, "An Act for more effectually repairing and otherwise improving the Road from Ipswich to Stratford Saint Mary, in the County of Suffolk;" to which they desire the Concurrence of this House.

Burford Road Bill.

A Message was brought from the House of Commons, by Sir William Guise and others;

With a Bill, intituled, "An Act for more effectually improving the Road from Burford to Banbury, in the County of Oxford, and from Burford to the Road leading to Stow, in the County of Gloucester, and from Swerford Gate, in the County of Oxford, to the Road in Aynho, in the County of Northampton; and for making a new Branch of Road to communicate with the same;" to which they desire the Concurrence of this House.

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

Contagious Diseases (Ireland) Bill.

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

With a Bill, intituled, "An Act to amend Two Acts, passed in the Fifty-eighth and Fifty-ninth Years of the Reign of His Majesty King George the Third, for establishing Fever Hospitals and for preventing Contagious Diseases in Ireland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Clayton Leave for a Divorce Bill:

A Petition of William Robert Clayton, of Great Marlow, in the County of Buckingham, Esquire, a Lieutenant Colonel in His Majesty's Army; praying their Lordships, "That Leave may be given to bring in a Bill to dissolve his Marriage with Alice Hugh Massey, and to enable him to marry again," being offered to be presented to the House;

The House was informed, "That Mr. James Robinson Hayward was attending."

He was Ordered to be called in:

And being called in accordingly, and sworn at the Bar, delivered a Copy of the Proceedings for a Divorce a Mensâ et Thoro, and the Definitive Sentence of Divorce in the Consistory Court of The Archbishop of Canterbury, intituled, "Clayton against Clayton;" which he said he had examined with the Originals, and that the same were true Copies:

And then he withdrew.

Ordered, That the said Proceedings and Sentence do lie on the Table.

Then the said Petition was presented and read.

Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill presented:

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act to dissolve the Marriage of William Robert Clayton Esquire with Alice Hugh Massy his now Wife, and to enable him to marry again; and for other Purposes."

The said Bill was read the First Time.

Order for 2d Reading:

Ordered, That the said Bill be read a Second Time on Tuesday the 28th of this instant February, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said William Robert Clayton may be heard by his Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Alice Hugh Massy may have a Copy of the Bill, and that Notice be given her of the said Second Reading; and that she be at liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.

Petitioner to attend.

Ordered, That William Robert Clayton Esquire do attend this House on Tuesday the 28th of this instant February, in order to his being examined upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Robert Clayton Esquire with Alice Hugh Massy his now Wife, and to enable him to marry again; and for other Purposes," if the House shall think fit, whether there has or has not been any Collusion, directly or indirectly, on his Part, relative to any Act of Adultery that may have been committed by his Wife; or whether there be any Collusion, directly or indirectly, between him and his Wife, or any other Person or Persons, touching the said Bill of Divorce, or touching any Proceedings or Sentence of Divorce had in the Ecclesiastical Court at his Suit, or touching any Action at Law which may have been brought by him against any Person for Criminal Conversation with his the said William Robert Clayton's Wife; and also whether, at the Time of the Adultery of which he complains, his Wife was, by Deed or otherwise, by his Consent, living separate and apart from him, and released by him, as far as in him lies, from her conjugal Duty, or whether she was, at the Time of such Adultery, cohabiting with him, and under the Protection and Authority of him as her Husband.

Reform of Parliament, Petition from County of Dublin in favor of.

A Petition of the Nobility, Gentry, Freeholders and Householders of the County of Dublin, pursuant to a Resolution passed at a Public Meeting convened by Requisition, was presented and read; praying "for their Lordships Co-operation in that great Work of National Salvation, the Measure for amending the Representation of the People in the Commons House of Parliament, which will be the Means of upholding that Feeling of Respect and Attachment to this House as a valuable and important Branch of the Legislature."

Ordered, That the said Petition be received as the Petition of "Josiah Coghill Coghill High Sheriff," and William Sterne Hart" and "T. Denis Mullen, Secretaries," who only have signed it.

Criminal Laws, Petition from Monstrevan for Alteration of.

Upon reading the Petition of the Inhabitants of Monstrevan and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "as well upon the Ground of Policy as of Adherence to every sacred Principle, that the Penalty of Death for Forgery may be abolished in all Parts of the United Kingdom, and that a secondary Punishment be substituted suitable to the benign Spirit of the Christian Revelation:"

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

Licensed Victuallers, Petition from Brighton respecting Liability of.

Upon reading the Petition of the Licensed Victuallers of Brighthelmston, in the County of Sussex, whose Names are thereunto subscribed; praying their Lordships, "That the Laws which impose on Licensed Victuallers the Liability of making Restitution for all Goods which may be damaged in their Inns, or stolen out of them, by any Person whatever, may be revised, and such Relief afforded to the Petitioners as may seem meet to their Lordships; especially that they may be relieved from the Responsibility which they are at present under, to make Restitution for Charters, Money, Securities for Money, Books of Accounts, Jewels, Watches, Trinkets and other portable Articles of Value which Guests may bring to their respective Houses, and may easily retain in their personal Care:"

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

Ashford Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for maintaining and improving the Turnpike Roads leading from Ashford to Buxton, and from Tideswell to Blackwell, and from Edensor to Ashford, all in the County of Derby."

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. Martin and Sir Giffin Wilson;

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

Liverpool Marine Assurance Co's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling The Liverpool Marine Assurance Company to sue and be sued in the Name of the Chairman for the Time being, or of any One of the Directors of the said Company."

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 Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Sacramental Test (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Relief of His Majesty's Subjects in Ireland being Protestants of the Established Church, and to repeal an Act passed in the Parliament of Ireland in the Thirty-third Year of the Reign of His Majesty King George the Third, intituled, "An Act to remove some Doubts respecting Persons in Office taking the Sacramental Test."

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.

Dublin Roads, &c. Presentments Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to repeal so much of an Act passed in the Parliament of Ireland in the Twenty-sixth Year of the Reign of His Majesty King George the Third, as provides for the applotting and levying of Presentments off the Baronies of Saint Sepulchres and Donore, in a Manner different from that provided for the other Baronies of the County of Dublin."

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.

Contempts in Equity Act Amendment Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to extend the Provisions of an Act of the First Year of the Reign of His present Majesty, for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro confesso; and to explain certain Parts 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."

Order for 3 a.

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

The Mayor, &c. of Lyme Regis v. Henley, Defendant's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of Henry Hoste Henley Esquire, Defendant in a Writ of Error depending in this House, to which The Mayor and Burgesses of the Borough of Lyme Regis are Plaintiffs; praying, "That their Lordships may be pleased to grant him a Fortnight's Time to bring in his Case:"

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

Norwich & Lowestoft Navigation Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and amend the Powers and Provisions of an Act passed in the Seventh and Eighth Years of His late Majesty King George the Fourth, for making a Navigable Communication between the City of Norwich and the Sea, at or near Lowestoft, in the County of Suffolk," 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."

Cholera, Address for Papers respecting.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "Copies of Papers relating to the Disorder called Spasmodic Cholera, and Reports from the Central Board of Health to the Privy Council founded thereupon."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Warburton v. Loveland.

It was moved, "That the Order made on Friday last, "That the Errors assigned upon the Writ of Error, wherein Elizabeth Warburton is Plaintiff, and James Loveland, Lessee of George Ivie and others, is Defendant, be further argued, by One Counsel of a Side, at the Bar, on Thursday next; and that the Judges do then attend," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Com ee on Tithes, (Ireland,) Lalor to attend.

Ordered, That Patrick Lalor Esquire do attend this House on Friday next, to be sworn, in order to his being examined as a Witness before the Select Committee on Tithes, Ireland.

Adjourn.

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