Die Lunæ, 1 Martii 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
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| Ds. Lyndhurst, Cancellarius. |
Epus. Landaven.
Epus. Oxon.
Ds. Stourton.
Ds. Clifton.
Ds. Holland.
Ds. Vernon.
Ds. Calthorpe.
Ds. Rolle.
Ds. Northwick.
Ds. Fitz Gibbon.
Ds. Hill.
Ds. Ravensworth.
Ds. Bexley.
Ds. Somerhill.
Ds. Wharncliffe.
Ds. Seaford. |
Comes Bathurst, Præses.
Comes Rosslyn, C. P. S.
Dux Richmond.
Dux Devonshire.
Dux Wellington.
March. Tweeddale.
March. Lansdowne.
March. Bute.
March. Cleveland.
Comes Winchilsea & Nottingham.
Comes Shaftesbury.
Comes Rosebery.
Comes Cornwallis.
Comes Mayo.
Comes Wicklow.
Comes Vane.
Vicecom. Gordon.
Vicecom. Granville.
Vicecom. Goderich. |
PRAYERS.
Rhodes v. De Beauvoir.
The Answer of Richard Benyon De Beauvoir to the
Petition and Appeal of William Rhodes was this Day
brought in.
Gordon et al. v. Brown:
The House proceeded to take into further Consideration
the Cause wherein Robert Gordon Esquire, and others,
are Appellants, and Miss Mary Brown is Respondent.
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, as well on Friday the 1st as
Saturday the 2d Days of May 1829, upon the Petition
and Appeal of Robert Gordon Esquire, of Larglanglee,
Writer in Kirkcudbright, Patrick Anderson, Surgeon in
Castle Douglas, James Brown, Tenant in Ingliston, and
John Brown, Tenant in Boreland, surviving and accepting
Trustees appointed by John Brown, some time of Netherwood, by his Trust Disposition and Settlement of Date
the; complaining of Twelve Interlocutors of the Lords Ordinary in Scotland, of the 14th
of June and the 20th and 30th of November 1821, the
9th of March 1822, the 24th of January and 12th of
December 1823, the 14th of December 1824, the 20th of
January and the 19th of February (signed 22d February)
1825, and of the 5th of July and 18th and 20th of
November 1826; and also of Three Interlocutors of the
Lords of Session there, of the First Division, of the
23d of May 1822, the 23d of June 1825, and the 22d of
February (signed 23d February) 1827; and praying,
"That the same might be reversed, varied or altered,
so far as complained of, 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 Miss Mary Brown, lately
residing at Netherwood, now at Lawrieknowe, near Dumfries, put in to the said Appeal; and due Consideration
had this Day of what was offered on either Side in this
Cause:
Interlocutors Affirmed, with Costs.
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 said Interlocutors therein complained of, be, and
the same are hereby Affirmed: And it is further Ordered,
That the Appellants do pay or cause to be paid to the
said Respondent the Sum of Fifty Pounds, for her Costs
in respect of the said Appeal.
Dr. Browne v. Woollsey et al.
After hearing Counsel fully in the Cause wherein
Doctor Thomas Browne is Appellant, and John Woollsey,
and others, are Respondents:
It is Ordered, That the further Consideration of the
said Cause be put off sine Die.
Wynne v. Sir G. A. Robinson et al. in Error:
Whereas, by virtue of His Majesty's Writ of Error
returnable into the House of Lords in Parliament assembled, a Record of the Court of Exchequer Chamber in
Ireland was brought into this House on the 31st Day of
January 1828, wherein Owen Wynne Esquire is Plaintiff,
and Sir George Abercrombie Robinson Baronet, Frederick
John Pigou and Sir Walter Stirling Baronet are Defendants, in order to reverse a Judgment given in the Court
of Exchequer Chamber in Ireland for the said Defendants;
and the Plaintiff's Counsel having been fully heard this
Day to argue the Errors assigned upon the said Writ of
Error; the Counsel were directed to withdraw; and due
Consideration had of what was offered in this Cause:
Judgment Affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Judgment given in the Court of Exchequer Chamber in Ireland,
be, and the same is hereby Affirmed; and that the
Record be remitted, to the end such Proceeding may be
had thereupon as if no such Writ of Error had been
brought into this House.
The Tenor of which Judgment to the affixed to the
Transcript of the Record, is as follows:
Tenor.
"On which Day, before the same Court of Parliament
aforesaid, at Westminster aforesaid, come the Parties
aforesaid, by their Attornies aforesaid; Whereupon the
said Court of Parliament having seen, diligently examined and fully understood, as well the Record and
Process aforesaid, and the Judgment given thereupon,
as the Causes and Matters aforesaid assigned by the
said Owen Wynne Esquire as above for Error, and
mature Deliberation being had thereon; It appears to
the said Court of Parliament, that there is no Error
either in the Record and Proceedings aforesaid, or in
the giving of the Judgment aforesaid, or in the Affirmance of the same Judgment; and that the Record is in
no ways vicious or defective: Therefore it is considered
by the same Court of Parliament aforesaid, that the
same Judgment, and also the Affirmance of the same
Judgment, be in all Things Affirmed, and stand in full
force and virtue, notwithstanding the Causes and
"Matters aforesaid as above assigned for Error: And
thereupon the Record aforesaid, and also the Proceedings aforesaid in the same Court of Parliament had in
the Premises, are remitted by the same Court of
Parliament to the said Exchequer Chamber of that Part
of the United Kingdom of Great Britain and Ireland
called Ireland, to the end that Execution may be done
thereupon."
The Attorney General v. Browne Mill.
After hearing Counsel, in Part, in the Cause wherein
The Attorney General, on the Relation of The Provost of
Montrose and others, is Appellant, and George Gavin
Browne Mill is Respondent:
It is Ordered, That the further Hearing of the said
Cause be put off to Friday next.
Cadell v. Palmer et al.
Ordered, That the Hearing of the Cause wherein
Thomas Cadell Esquire is Appellant, and Arthur Palmer,
and others, are Respondents, which stands appointed for
this Day, be put off to Friday next.
Vesey v. Bodkin.
Ordered, That the Cause wherein George Vesey is
Appellant, and John Bodkin is Respondent, be heard by
Counsel at the Bar on Friday next.
Sir J. Montgomery et al. v. Maxwell, Appellants Petition to postpone the Hearing, referred to Appeal Com ee.
Upon reading the Petition of Sir James Montgomery
Baronet, and others, Appellants in a Cause depending in
this House, to which Mackill Maxwell is Respondent;
praying, "That their Lordships will be pleased to postpone the Hearing of this Cause until Friday the 26th
March instant, or to such other Day as their Lordships
may think proper:"
It is Ordered, That the said Petition be referred to the
Committee appointed to consider of the Causes in which
Prints of the Appellants and Respondents Cases, now
depending in this House in Matters of Appeals and
Writs of Error, have not been delivered, pursuant to the
Standing Orders of this House.
Dillon v. Sir W. Parker, Appellant's Petition to adjourn Hearing, referred to Appeal Com ee.
Upon reading the Petition of James Archibald Murray
of Chancery Lane, in the County of Middlesex, Solicitor
and Agent for John Joseph Dillon Esquire, Appellant
in a Cause depending in this House, to which Sir William
Parker Baronet is Respondent; praying their Lordships,
"That the Hearing of this Appeal may be adjourned
until Monday the 22d Day of March instant, or until
such other Day as to their Lordships shall seem meet:"
It is Ordered, That the said Petition be referred to the
Committee appointed to consider of the Causes in which
Prints of the Appellants and Respondents Cases, now
depending in this House in Matters of Appeals and
Writs of Error, have not been delivered, pursuant to the
Standing Orders of this House.
Gray & Woodrop v. M'Nair.
Ordered, That the further Hearing of the Cause
wherein Robert Gray and John Woodrop are Appellants,
and James M'Nair Esquire is Respondent, which stands
appointed for To-morrow, be put off to Wednesday
next.
Inglis v. Walker.
Ordered, That the Hearing of the Cause wherein William Inglis is Appellant, and Andrew Walker is Respondent, which stands appointed for To-morrow, be put off
to Wednesday next.
Officers of State for Scotland v. Comrs of Supply for Wigton et al.
Ordered, That the Hearing of the Cause wherein His
Majesty's Officers of State for Scotland are Appellants,
and the Commissioners of Supply for the County of
Wigton, and their Collector, and others, are Respondents,
which stands appointed for To-morrow, be put off to
Wednesday next.
Lead, Accounts respecting, Ordered forthwith.
Ordered, That there be laid before this House forthwith, "An Account of the Quantity of Lead and Lead
Ore imported, and from whence, from 1st January
1825 to 1st January 1830 in each Year; with the
Amount of Duty received:"
And also, "An Account of the Quantity of British
and Foreign Lead exported during the same Period,
and to what Countries;" severally Ordered to be laid
before the House on the 18th Day of February last.
Distress of the Country, Petitions from Romney Marsh & Headcorn respecting.
Upon reading the Petition of the Owners and Occupiers of Land, Tradesmen and Freeholders of Romney
Marsh, whose Names are thereunto subscribed; praying,
"That their Lordships will give their serious and immediate Attention to the unparalleled Distress which
pervades all Classes of Society in this District:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of the Owners and Occupiers of Land, and other Inhabitants of the Parish of
Headcorn, in the County of Kent, whose Names are thereunto subscribed; praying their Lordships "to take their
ruinous Condition into immediate Consideration, and
apply effectual Remedies, before it be too late; by reducing actual Taxation upon the Produce of their own
Land; by Protection from Foreign Corn supplanting
the Cultivation of their own Soil, except by Barter for
Manufactured Goods; and by such other Means as this
House shall see fit:"
It is Ordered, That the said Petition do lie on the
Table.
Distress of the Country, Petitions from Sittingbourne & Canterbury respecting, & for Repeal of the Malt & Beer Duties.
Upon reading the Petition of the Owners and Occupiers of Land, together with the Tradesmen, in the
Vicinity of Sittingbourne, in the County of Kent, whose
Names are thereunto subscribed; praying their Lordships "for a Repeal or some Modification of the Taxes
on Malt and Beer; and that their Lordships will take
the general State of the Country into Consideration,
and afford such Relief as, in their Wisdom, shall
appear most conclusive to the Public at large:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of the Inhabitants of the
City of Canterbury and its Vicinity, whose Names are
thereunto subscribed; praying their Lordships "to take
into Consideration the very alarming and appalling
State into which the Labouring Classes of the Community are plunged, by the great and unavoidable Reduction in Wages; and that their Lordships will totally
repeal the very heavy Duties on Malt and Beer, by
which their present deplorable and desponding Situation would be greatly relieved, and the Demoralization
that consequently exists amongst them be greatly
diminished:"
It is Ordered, That the said Petition do lie on the
Table.
Lords summoned, Order for, discharged.
It was moved, "That the Order made on the 26th Day
"of February last, "That all the Lords be summoned to
attend the Service of the House on Tuesday the 9th
of March next," be now read."
The same was accordingly read by the Clerk.
Ordered, That the said Order be discharged.
Lords summoned.
Ordered, That all the Lords be summoned to attend
the Service of the House on Thursday the 11th of this
instant March.
East India, &c. Trade, Petition from Waterford for throwing open, referred to East India Com ee.
Upon reading the Petition of the Merchants, Traders
and Householders of the City of Waterford and the
adjoining Districts, whose Names are thereunto subscribed; praying their Lordships "to enquire into the
Manner in which the various Articles of Produce of
the fertile and extensive Countries of India and China
are affected by the Exclusion of Europeans, except
under Licences, tardily granted and capriciously revoked, by The East India Company; and that their
Lordships will seriously consider the mischievous Consequences which must ensue from the Continuance of
a System controverting every just and enlightened
Principle of Legislation, and inflicting, both on the
Mother Country and its Indian Subjects, lasting Injuries; and that their Lordships will allow these Countries
to give and receive the unqualified Benefits of a free
Trade with this Country, and to enable these Islands
to dispense to the countless Millions who inhabit those
extensive Regions the Blessings of free and unrestrained Commercial Intercourse and enlightened
Knowledge:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the
Select Committee appointed to enquire into the present
State of the Affairs of The East India Company, and
into the Trade between Great Britain, the East Indies and
China.
Hindoo Widows, Petitions from Ilkestone & Heanor against the Practice of burning.
Upon reading the Petition of the Females, whose
Names are thereunto subscribed, being Inhabitants of
Ilkestone and its Vicinity, in the County of Derby:
And also, Upon reading the Petition of the Females,
whose Names are thereunto subscribed, being Inhabitants
of Heanor, in the County of Derby, and its Vicinity;
severally praying their Lordships "to take into their
most serious Consideration the Custom now in existence
in British India, of immolating the Widows on the
Funeral Pile of their deceased Husbands, and to adopt
such Measures as shall be deemed most expedient and
effectual for the Suppression of a Custom so revolting
to Humanity, and so degrading to the Female Character:"
It is Ordered, That the said Petitions do lie on the
Table.
Scott v. Yuille:
Upon reading the Petition and Appeal of Miss Elizabeth Scott, residing at Woodbank, in the County of Dumbarton; complaining of an Interlocutor of the Lords of
Session in Scotland, of the Second Division, of the 27th of
November 1827; also of an Interlocutor of the Lord
Ordinary there, of 24th February 1829; and also of
Two Interlocutors of the said Lords of Session, of the
9th and 13th of February 1830; 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 Robert Yuille, Merchant in
Glasgow, may be required to answer the said Appeal:"
It is Ordered, That the said Robert Yuille may have a
Copy of the said Appeal, and do put in his Answer
thereunto, in Writing, on or before Monday the 29th Day
of this instant March; and Service of this Order upon
the said Respondent, or upon any one of his known Agents
in the Court of Session in Scotland, shall be deemed good
Service.
Richardson to enter into a Recog ce on it.
The House being moved, "That John Richardson of
Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Miss Elizabeth
Scott, on account of her Appeal depending in this
House, she being in Scotland:"
It is Ordered, That the said John Richardson may
enter into a Recognizance for the said Appellant, as
desired.
Downie v Buchanan et al.
Upon reading the Petition and Appeal of Alexander
Downie, Merchant in Glasgow; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second
Division, of the 12th of February 1830; 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 George
Buchanan, and John Greig and Dugald Campbell, Trustees under a Disposition in Trust executed by the late
William Buchanan, for any Interest they may have, may
be required to answer the said Appeal:"
It is Ordered, That the said William George Buchanan,
John Greig and Dugald Campbell, 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
29th Day of this instant March; and Service of this
Order upon the said Respondents, or upon any one of
their respective known Agents in the Court of Session in
Scotland, shall be deemed good Service.
Macdougall to enter into a Recog ce on it.
The House being moved, "That Alexander Henderson
Macdougall of Parliament Street, Westminster, Gentleman, may be permitted to enter into a Recognizance
for Alexander Downie, on account of his Appeal depending in this House, he residing in Scotland:"
It is Ordered, That the said Alexander Henderson
Macdougall may enter into a Recognizance for the said
Appellant, as desired.
Fraser v. Vans Agnew.
Upon reading the Petition and Appeal of Alexander
Fraser Esquire, One of the Solicitors of His Majesty's
High Court of Chancery at Westminster; complaining of
an Interlocutor of the Lord Ordinary in Scotland, of the
24th of November 1829; and also of an Interlocutor of
the Lords of Session there, of the First Division, of the
23d of February 1830; and praying, "That the same
may be reversed, varied or altered, or that the Apellant may have such Relief in the Premises, as to this
House, in their Lordships great Wisdom, shall seem
meet; and that Patrick Vans Agnew of Sheuchan may
be required to answer the said Appeal:"
It is Ordered, That the said Patrick Vans Agnew may
have a Copy of the said Appeal, and do put in his Answer
thereunto, in Writing, on or before Monday the 29th Day
of this instant March; and Service of this Order upon
the said Respondent, or upon any one of his known
Agents in the Court of Session in Scotland, shall be deemed
good Service.
Hay's et al. Petition referred to Judges in Ireland.
Upon reading the Petition of The Reverend George
Hay, Senior Minister of the Presbyterian Congregation
of Londonderry, and of Patrick Gilmour, Thomas Harvey
and Andrew Moore of the City of Londonderry, Merchants, Executors named and appointed by the last Will
and Testament of John Gwynn, late of the City of Londonderry, in that Part of the United Kingdom called Ireland,
Merchant; also of The Honorable and Right Reverend
William Lord Bishop of Derry, and of The Reverend
William M'Clure, Second Minister of the Presbyterian
Congregation of Londonderry, John Acheson Smyth, James
M'Crea, William Macky, John Dysart, Patrick Gilmour,
Thomas Harvey, Andrew Moore, John Thompson, John
Kelso, Thomas Davenport, Thomas Ramsay, David Gilmour, William Kerr M'Clintock, William Dysart, Andrew
Alexander Watt, William Haslett, Adam Schoales and
Samuel Mitchell, all of the said City of Londonderry,
Merchants, Trustees named and appointed in and by
the said Will; 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 Chief Baron
of the Court of Exchequer, in Ireland, and Mr. Justice
Vandeleur, in Ireland, who are forthwith to summon all
Parties concerned in the Bill, and, after hearing them,
are to report to the House the State of the Case, with
their Opinion thereupon, under their Hands, and whether
all Parties, who may be concerned in the Consequences
of the Bill, have signed the Petition; and also, that the
Judges, having perused the Bill, do sign the same.
Mullins et al. v. Townsend, Petition of both Parties to receive Documents authenticated by Agents, referred to Appeal Com ee.
Upon reading the Petition of The Honorable Edward
Mullins, and others, Appellants in a Cause depending
in this House, and of John Townsend Esquire, Respondent thereto; praying their Lordships, "That such of
the original Documents and Copies necessary to be
produced or referred to on the Hearing of this Appeal
as shall be duly endorsed and signed by the Solicitors
for the Petitioners respectively in the Cause in the
Court below, authenticating the same to be Originals
or true Copies of Originals, may be received and
allowed by their Lordships, without further Proof of
the same being such Originals or true Copies:"
It is Ordered, That the said Petition be referred to
the Committee appointed to consider of the Causes in
which Prints of the Appellants and Respondents Cases,
now depending in this House in Matters of Appeals and
Writs of Error, have not been delivered, pursuant to the
Standing Orders of this House.
East India Co. Papers respecting, Ordered.
Ordered, That there be laid before this House, "Copy
of a Letter from the Court of Directors of The East
India Company to The Governor General in Council
at Fort William in Bengal, in the Territorial Finance
Department, dated 12th December 1827:"
Also, "Copy of a Letter from the Court of Directors
of The East India Company to The Governor General
in Council at Fort William in Bengal, in the Territorial Finance Department, dated 24th September
1828:"
Also, "Copy of a Letter from the Court of Directors
of The East India Company to The Governor in
Council at Fort St. George in Madras, in the Territorial Finance Department, dated 26th August 1829:"
Also, "Copy of a Letter from the Court of Directors
of The East India Company to The Governor in
Council at Bombay, in the Territorial Finance Department, dated 12th December 1827:"
Also, "Copy of a Letter from the Court of Directors
of The East India Company to The Governor in
Council at Bombay, in the Territorial Finance Department, dated 25th March 1829:"
And also, "Copy of a Minute by the late Sir Thomas
Munro, dated 31st December 1824, on the State of
the Country and the Condition of the People under
the Presidency of Fort St. George:"
Lunatic Licensing Balances Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act to
authorize the Transfer of certain Balances in the Hands
of the Clerks of the Peace of the several Counties of
England and Wales on account of Lunatic Asylums
Licences."
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.
Consolidated Fund Bill.
A Message was brought from the House of Commons,
by Sir Alexander Grant and others;
With a Bill, intituled, "An Act to apply certain Sums
of Money, out of the Consolidated Fund, and from
the Aids granted for the Year One thousand eight
hundred and twenty-nine, to the Service of the Year
One thousand eight hundred and thirty;" to which
they desire the Concurrence of this House.
Dorchester Road Bill.
A Message was brought from the House of Commons,
by Mr. Bankes and others;
With a Bill, intituled, "An Act for repairing the Road
from Wool Bridge to the Borough of Dorchester, in
the County of Dorset;" to which they desire the
Concurrence of this House.
Great Torrington Roads Bill.
A Message was brought from the House of Commons,
by Mr. Bastard and others;
With a Bill, intituled, "An Act to enlarge the Term
and Powers of an Act for more effectually improving
the Roads to and from the Town of Great Torrington,
in the County of Devon;" to which they desire the
Concurrence of this House.
The said Three Bills were, severally, read the First
Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Martis, secundum
diem instantis Martii, horâ undecimâ Auroræ, Dominis
sic decernentibus.