House of Lords Journal Volume 64: 27 February 1832

Die Lunæ, 27° Februarii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lewis v. Colmer et al.

The separate Answer of William Tobias Langdon to the Petition and Appeal of James Lewis was this Day brought in.

Clark v. Sim.

As was also, The Answer of James Sim, some time in Whiteleys, now in Coupar Angus, to the Petition and Appeal of Charles Clark of Princelands, Writer in Coupar Angus.

Logan et al. v. M. & J. Wienholt.

After hearing Counsel further in the Cause wherein Sarah Logan, and others, are Appellants, and Mary Wienholt and John Birkett Wienholt are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Friday next.

Berners Peerage, a Witness to attend with a Document.

Ordered, That the Registrar, Deputy Registrar and Keeper of the Papers, or other proper Officer belonging to the Court of the Archdeacon of Norwich, do attend this House on Thursday next, to be sworn, in order to his being examined as a Witness before the Committee for Privileges to whom the Petition of Robert Wilson of Didlington and of Ashwellthorpe, in the County of Norfolk, Esquire, One of the Co-heirs and eldest Representative of the ancient Barony of Berners, to His Majesty; praying, "That His Majesty will be graciously pleased to admit and allow his Claim as One of the Right Heirs to the said Barony of Berners, and to terminate the Abeyance by issuing to the Petitioner a Writ of Summons to the Parliament of the United Kingdom;" together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed, stands referred; and that he do attend the said Committee on Friday next, and do bring with him the original Bond, dated 31st May 1708, given on granting Letters of Administration upon the Death of Thomas Knyvet, Second Son of John Knyvet of Bracondale, to his said Father, in order to its being produced before the said Committee.

Brodie's Petition referred to Judges in Scotland.

Upon reading the Petition of William Brodie Esquire, of Brodie, Heir of Entail under the Deeds of Entail therein-after mentioned; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Lord Craigie, in Scotland, and Lord Medwyn, in Scotland, or in their Absence, or the Absence of either of them, to Lord Gillies, in Scotland, and Lord Mackenzie, in Scotland, and that the said Judges, or any Two of them, are forthwith to summon all Parties before them who may be concerned in the Bill, and, after hearing all the Parties, and perusing the Bill, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and are to sign the said Bill.

Richardson's et al. Petition referred to Judges in Scotland.

Upon reading the Petition of John Richardson Esquire, of Pitfour, in the County of Perth, the Heir of Entail in Possession under the Deeds of Entail therein-after mentioned, and of the other Persons whose Names are thereunto subscribed, Substitute Heirs under the said Deeds of Entail; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to The Lord President of the Court of Session in Scotland, and Lord Meadowbank, in Scotland, or in their Absence, or the Absence of either of them, to The Lord Justice Clerk of Scotland, and Lord Cringletie, in Scotland, with similar Directions to those given to the Judges on the last-mentioned Petition.

Ackers v. Phipps.

Upon reading the Petition and Appeal of James Ackers, an Infant under the Age of Twenty-one Years, by Nathaniel Charles Milne his Guardian; complaining of an Order of the Court of Chancery, of the 19th of December 1831, which Order was signed by The Lord Chancellor and inrolled on the 21st Day of February 1832, and made in a certain Cause wherein Sophia Phipps Widow was Plaintiff, and Benjamin William George Holland Ackers, James Ackers, George Singleton, John Halsall, Richard Mayor and Ellen his Wife, and Robert Cotlam, were Defendants; and praying, "That the same may be reversed, or that their Lordships would make such other Order in the Premises, as to them, in their Wisdom, shall seem meet; and that the said Sophia Phipps Widow may be required to answer the said Appeal:"

It is Ordered, That the said Sophia Phipps may have a Copy of the said Appeal, and do put in her Answer thereunto, in Writing, on or before Monday the 12th Day of March next; and Service of this Order upon the Solicitor or Clerk in Court of the said Respondent shall be deemed good Service.

Houlditch et al. v. Marqs of Donegall, Respondent's Petition to dismiss Appeal, referred to Appeal Com ee.

Upon reading the Petition of George Augustus Marquess of Donegall, Respondent in a Cause depending in this House, to which Edward Houlditch, and others, are Appellants; setting forth, "That Petitioner's Agent in Ireland was, on the 7th of February instant, served with a Paper Writing, purporting to be the Copy of an Order of their Lordships, bearing Date the 31st of January last, made on reading the Petition of Appeal of Edward Houlditch, John Houlditch, James Houlditch and Francis Stubbs, complaining of a Decree of the Court of Chancery in Ireland, of the 23d January 1832, whereby Petitioner was ordered, on or before Tuesday the 6th Day of March next, to put in his Answer to said Appeal: That Petitioner is advised the said Order of the 31st of January last is irregular, and that he ought not to be called on to put in his Answer to said Appeal, in as much as the Decree complained of has not yet been made up, signed or entered, until which Time either Party is at liberty to apply to the Court or Registrar to vary the Minutes thereof;" and therefore praying, "That their Lordships will be pleased to discharge the said Order of 31st January 1832, with Costs:"

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

Taylor v. Sir W. Fairlie et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Sir William Cunningham Fairlie, and others, Respondents in a Cause depending in this House, to which William Taylor is Appellant; praying their Lordships "to order that the Prints of their Case be now received:"

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

Lady L. Tollemache v. E. of Coventry, et Ux. Appellants Petition for Time for her Case, referred to Appeal Com ee.

Upon reading the Petition of The Right Honorable Lady Laura Tollemache, Appellant in a Cause depending in this House, to which George William Earl of Coventry and Mary Countess of Coventry are Respondents; praying their Lordships, "That she may have Six Weeks further Time to lay her printed Cases upon the Table of this House, or such other Time as their Lordships may think proper to grant to her for that Purpose:"

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

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

The House being informed, "That William Dixon, and others, Respondents to the Appeal of Anthony Dixon Esquire and Joseph Dixon Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And an Affidavit of the due Service of the said Order being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily within a Week.

3d 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, Bush against Locke; The Honorable William Maule against Maule; Sir George Clerk Baronet against Adam; Browne against Tighe; The Earl of Mansfield against Scott; Nicol against Sir Robert Williams Vaughan; and The Mayor and Burgesses of the Borough of Lyme Regis, in the County of Dorset, against Henley; "That the Committee had met, and considered the Respondents Petitions in the Causes Bush and others against Locke, The Honorable William Maule against Maule, Sir George Clerk Baronet and others against Adam, Browne against Tighe and others, The Earl of Mansfield against Scott, and Nicol against Sir Robert Williams Vaughan and others, severally praying their Lordships for Leave to lodge their 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: And that the Committee had also considered the Defendant's Petition in the Cause The Mayor and Burgesses of the Borough of Lyme Regis, in the County of Dorset, against Henley, praying their Lordships to grant him a Fortnight's Time to bring in his Case; and had heard the Defendant's Agent thereon, and the Committee are of Opinion, That the Petitioner may be allowed a Fortnight's further Time to deliver in his printed Case."

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

Maule v. Maule.

The House being moved, "That a Day may be appointed for hearing the Cause wherein The Honorable William Maule is Appellant, and William Maule Esquire is Respondent:"

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

Paisley Gas Light Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend an Act for lighting the Town and Burgh of Paisley, and Suburbs and Places adjacent, with Gas; and to enable the Company thereby incorporated to increase their Capital Stock; and for other Purposes relating thereto," 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."

Foreign Gloves, Petitions from Kington & Woodstock against Importation of.

Upon reading the Petition of the Magistrates, Clergy, Gentry, Freeholders and other Inhabitants of the Town of Kington, in the County of Hereford, and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "as the only Remedy likely to be found for the Distress occasioned by the present depressed State of the Glove Trade in this Kingdom, to impose such an increased Duty on Foreign Gloves as may give for English ones that Demand they formerly had; and thus again restore Employment, and consequent Maintenance and Comfort, to the Petitioners now drooping and destitute Fellow Subjects:"

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

Upon reading the Petition of the Inhabitants of Woodstock and Parts adjacent, whose Names are thereunto subscribed; praying, "That their Lordships will pass a Bill to prohibit the Importation of Foreign manufactured Gloves:"

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

Message to H.C. for Report on Education, (Ireland.)

Ordered, That a Message be sent to the House of Commons, to request that they will be pleased to communicate to this House a Copy of a Report made from the Select Committee appointed by that House, in Session 1828, on Education in Ireland Reports.

Slave Trade, Accounts respecting, to be printed.

Ordered, That the Account of the Number of Vessels belonging to His Majesty's Navy which have been employed in each Year, from the Year 1817 inclusive to the present Time, under special Instructions for the Suppression of the Slave Trade; and also the Account of the Number of Vessels seized and condemned in each Year by the Mixed Commissions under the several Treaties with Foreign States for the Suppression of the Slave Trade, specifying the Countries to which such Vessels belonged; severally delivered to the House on the 14th of this instant February, be printed.

Anatomy, Petition of the College of Physicians, Ireland, for Preservation of its Privileges.

Upon reading the Petition of The President and Fellows of The King and Queens' College of Physicians in Ireland, under their Common Seal; praying their Lordships, "That in any Parliamentary Enactment for supplying Schools of Anatomy with Subjects for Dissection, the Rights and Privileges of this College, its Fellows and Licentiates, may be effectually preserved; and that should it be deemed requisite to place the Study of Anatomy under any further controlling Power, the Petitioners may enjoy the Confidence the Legislature have hitherto reposed in them:"

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

Agricultural Labourers Employment Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for encouraging and facilitating the Employment of Labourers in Agriculture;" and for the Lords to be summoned;

Ordered, That the House be put into a Committee upon the said Bill To-morrow; and that the Lords be summoned.

Proceedings, East India Judicature Act.

The Earl of Shaftesbury reported from the Lords Committees appointed to examine the Lists laid upon the Table on Thursday last, pursuant to the Directions of an Act made in the 26th Year of the Reign of His Majesty King George the Third, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies, and for other Purposes therein mentioned; and to report to the House the Titles of such Lords as shall appear upon Ten such Lists; "That the Committee had met, and examined the said Lists; and that the Titles of the following Lords are the only Titles that appear upon Ten Lists:

"Duke of St. Albans

Duke of Rutland.

Marquess of Bute.

Marquess of Cleveland.

Earl of Shrewsbury.

Earl of Essex.

Earl of Abingdon.

Earl of Stamford and Warrington.

Earl of Carnarvon.

Earl of Oxford.

Earl of Verulam.

Earl of Brownlow.

Earl of Morley.

Viscount Bolingbroke.

Viscount Hood.

Bishop of London.

Bishop of Winchester.

Baron Audley.

Baron Dacre.

Baron Grantham.

Baron Yarborough.

Baron Bayning.

Baron Braybrooke.

Baron Wharncliffe.

Baron Seaford.

Baron Skelmersdale."

Then it was moved, "That the Clause in the said Act directing that the Names of such Persons who shall appear to hold or to have held any of the Offices or Employments therein specified shall be struck out of the said Report, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Titles be referred to the same Committee, to report the Names of those who shall appear to hold or to have held any of the Offices or Employments specified in the said Act:

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

Report on Education, (Ireland,) communicated.

The Messengers sent to the House of Commons this Day, being returned; acquainted the House, "That the Commons had delivered to them a Copy of the Report, as desired in their Lordships Message."

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

Ordered, That the said Report be printed.

Com ee on Tithes, (Ireland,) Dr. Doyle to attend.

Ordered, That Doctor Doyle do attend this House Tomorrow, to be sworn, in order to his being examined as a Witness before the Select Committee on Tithes, Ireland.

Mills & Factories, Petition from Ampthill for regulating the Hours of Labour in.

Upon reading the Petition of the Inhabitants of the Town and Neighbourhood of Ampthill, in the County of Bedford, whose Names are thereunto subscribed; praying their Lordships "to interpose their high Authority to mitigate, as far as practicable, the Evils incident to the present Condition of the poor Children employed in the various Mills and Factories in the United Kingdom; and to enact such Regulations as shall limit their Introduction into Mills and Factories to such an Age, and the Duration of their Labour to such a Portion of the Twenty-four Hours, as their Lordships shall deem meet; and finally, such as shall provide them, if possible, with Opportunities and Means of Moral and Religious Instruction in the Establishments in which they are employed:"

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

Clayton's Divorce Bill.

It was moved, "That the Order made on the 13th of this instant February, "That 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," be read a Second Time on Tuesday the 28th of this instant February; and that Counsel be then heard for and against the same; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Thursday next; and that Counsel be then heard for and against the same; and that the Lords be summoned; and that the several Witnesses who were ordered to attend do then attend.

Liverpool Cattle Market Bill.

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

With a Bill, intituled, "An Act for establishing a Market in the Parish of Walton-on-the-Hill, in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.

Sutton Pool Harbour Bill.

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

With a Bill, intituled, "An Act to continue the Term and to alter and amend the Powers of an Act passed in the Fifty-first Year of the Reign of His Majesty King George the Third, for the Improvement of the Harbour of Sutton Pool, in the Port of Plymouth, in the County of Devon;" to which they desire the Concurrence of this House.

Saltash Floating Bridge Bill.

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

With a Bill, intituled, "An Act for establishing a Floating Bridge over the River Tamar, at or near Saltash Ferry, in the County of Cornwall;" to which they desire the Concurrence of this House.

St. Luke's (Middlesex) Improvement Bill.

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

With a Bill, intituled, "An Act to alter and enlarge the Powers of an Act of the Fiftieth Year of His Majesty King George the Third, for lighting and otherwise improving the Streets and other Public Places in the Parish of Saint Luke, in the County of Middlesex; and for placing under the Care of the Trustees certain Roads in the Parish which were lately Turnpike Roads;" to which they desire the Concurrence of this House.

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

Burford Road Bill.

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

To return the 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;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Adjourn.

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