House of Lords Journal Volume 62
1 March 1830

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43, 44, 45, 46

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'House of Lords Journal Volume 62: 1 March 1830', Journal of the House of Lords: volume 62: 1830, pp. 43-46. URL: http://www.british-history.ac.uk/report.aspx?compid=16305 Date accessed: 18 September 2014.


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Contents

Die Lunæ, 1 Martii 1830.
Rhodes v. De Beauvoir. Gordon et al. v. Brown: Interlocutors Affirmed, with Costs. Dr. Browne v. Woollsey et al. Wynne v. Sir G. A. Robinson et al. in Error: Judgment Affirmed. Tenor. The Attorney General v. Browne Mill. Cadell v. Palmer et al. Vesey v. Bodkin. Sir J. Montgomery et al. v. Maxwell, Appellants Petition to postpone the Hearing, referred to Appeal Com ee. Dillon v. Sir W. Parker, Appellant's Petition to adjourn Hearing, referred to Appeal Com ee. Gray & Woodrop v. M'Nair. Inglis v. Walker. Officers of State for Scotland v. Comrs of Supply for Wigton et al. Lead, Accounts respecting, Ordered forthwith. Distress of the Country, Petitions from Romney Marsh & Headcorn respecting. Distress of the Country, Petitions from Sittingbourne & Canterbury respecting, & for Repeal of the Malt & Beer Duties. Lords summoned, Order for, discharged. Lords summoned. East India, &c. Trade, Petition from Waterford for throwing open, referred to East India Com ee. Hindoo Widows, Petitions from Ilkestone & Heanor against the Practice of burning. Scott v. Yuille: Richardson to enter into a Recog ce on it. Downie v Buchanan et al. Macdougall to enter into a Recog ce on it. Fraser v. Vans Agnew. Hay's et al. Petition referred to Judges in Ireland. Mullins et al. v. Townsend, Petition of both Parties to receive Documents authenticated by Agents, referred to Appeal Com ee. East India Co. Papers respecting, Ordered. Lunatic Licensing Balances Bill. Consolidated Fund Bill. Dorchester Road Bill. Great Torrington Roads Bill. Adjourn.

Die Lunæ, 1 Martii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

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.