Die Veneris, 12 Martii 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
|
|
| Archiep. Cantuar. |
|
| Ds. Lyndhurst Cancellarius. |
Epus. Oxon.
Vicecom. Arbuthnott.
Vicecom. Melville.
Vicecom. Gordon.
Vicecom. Goderich.
Ds. Saye & Sele.
Ds. Clifton.
Ds. Gower.
Ds. Colville of Culross.
Ds. Hay.
Ds. King.
Ds. Holland.
Ds. Vernon.
Ds. Calthorpe.
Ds. Bayning.
Ds. Arden.
Ds. Somerhill.
Ds. Wallace. |
Comes Bathurst, Præses.
Comes Rosslyn.C. P. S.
Dux Norfolk, Marescallus.
Dux Wellington.
March. Lansdowne.
March. Salisbury.
March. Bute.
Comes Graham, Camerarius.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Cornwallis.
Comes Malmesbury.
Comes Wicklow.
Comes Vane. |
PRAYERS.
Franklin & Gough v. La Touche et al:
Counsel were (according to Order) called in to be heard
in the Cause wherein John Franklin and Richard Franklin
Gough, otherwise Richard Franklin, are Appellants, and
Robert La Touche, and others, are Respondents.
And Counsel having been heard for the Appellants;
and Sir George Grey, offering himself to argue the Case
for the Respondents Henrietta Gough and Maria Rylands,
was heard to state the Reasons in support of such Application:
It was moved, "That that Part of the Report of the
Appeal Committee made to the House on the 19th of
March 1829, respecting the Petition of Henrietta
Gough and Maria Rylands, praying their Lordships,
"That they may be allowed to appear by One Counsel
on the Hearing of the Cause without printing any
separate Case," be now read."
The same was accordingly read by the Clerk, as follows:
"That the Committee had also considered the Petition
of Henrietta Gough and Maria Rylands, Two of the
Respondents in the Cause Franklin and another against
La Touche and others, praying their Lordships that
they may be allowed to appear by One Counsel on the
Hearing of the Cause without printing any separate
Case; and had heard the Petitioners Agent thereon, and
also the Agent for the Appellants; and the Committee
submit, That the Cause should proceed to be heard in
the usual Course, and that the House, on the Hearing,
can then best judge of the Propriety of hearing the
Petitioners by separate Counsel; but the Committee
further submit, That if the House should then consider
it right that the Petitioners should be heard by separate
Counsel, One Counsel only in addition to the usual
Number should be heard for them, and that the
Petitioners might be so heard without printing a
separate Case."
And, on Consideration, the House refused the Application; and Counsel being heard for the other Respondents; the Counsel were directed to withdraw; and
Consideration being had of what was offered on either
Side in this Cause;
The following Order and Judgment was made:
After hearing Counsel this Day, upon the Petition and
Appeal of John Franklin of the City of Dublin, and of
Richard Franklin Gough, otherwise Richard Franklin, of
the City of Limerick, which Appeal (upon the Death of
Peter La Touche the elder, one of the Respondents
thereto,) was by Order of this House of the 11th of March
1829 revived against Peter La Touche the younger and
John David La Touche, as the Executors, and in the
Place and Stead of the said Peter La Touche the elder,
deceased; complaining of a Decree of the Court of
Chancery in Ireland, of the 25th of June 1825; and praying, "That the same might be reversed, and that the
"Appellants might have the Relief prayed by their
Petition of Appeal therein mentioned, and might have
the Benefit thereof, or that they might have such Relief
in the Premises as to their Lordships should seem
meet;" as also upon the separate Answer of Robert
Latouche, Peter Latouche the elder, John David Latouche,
and Peter Latouche the younger; and also the separate
Answer of Henrietta Gough Spinster and Maria Rylands
Widow put in to the said Appeal; and due Consideration
had of what was offered on either Side in this Cause:
Decree Affirmed.
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 Decree therein complained of, be, and the same
is hereby Affirmed.
Sir A. Chichester v. M'Intyre.
After hearing Counsel, in Part, in the Cause wherein
Sir Arthur Chichester Baronet is Appellant, and Charles
M'Intyre is Respondent:
It is Ordered, That the further Hearing of the said
Cause be put off to Monday next.
Bouchier et al. v. Dillon et al.
Ordered, That the Hearing of the Cause wherein William
Bouchier, and others, are Appellants, and Susanna Dillon,
and others, are Respondents, which stands appointed for
this Day, be put off to Monday next.
Muskett's Divorce Bill.
The Order of the Day being read for the Second
Reading of the Bill, intituled, "An Act to dissolve the
Marriage of Joseph Salisbury Muskett Esquire with
Mary Muskett his now Wife, and to enable him to
marry again; and for other Purposes;" and for hearing
Counsel for and against the same; and for the Lords to
be summoned;
Counsel were accordingly called in:
And Mr. Gurney and Mr. Kelly appearing as Counsel
on behalf of the Petitioner; and Mr. David Pollock
appearing as Counsel for Mrs. Muskett;
Mr. Gurney was heard to open the Allegations of the
Bill.
Then John Wood was called in; and having been sworn,
was examined as follows:
(By Counsel.) "Have you served Mrs. Muskett with
a Copy of the Order of the House, and delivered to her
an Office Copy of this Bill?"
"Yes."
"When did you do so?"
"On the 4th of March."
"At what House?"
"No. 34, Montagu Square."
"Is that the House of Mr. Gurney?"
"It is."
The Witness was directed to withdraw.
Then Thomas Moore Keith was called in; and having
been sworn, was examined as follows:
(By Counsel.) "Do you produce an examined Copy
of an Extract from the Parish Books of the Parish of
Burlingham, of the Marriage of Mr. and Mrs. Muskett?"
"I do."
The same was delivered in, and read as follows:
"No. 57.-Joseph Salisbury Muskett of the Parish of
Intwood, Single Man, and Mary Jary of this Parish,
Single Woman, were married in this Church by Licence,
with Consent of Parents, this Seventeenth Day of
March in the Year One thousand eight hundred and
twelve, by me, John Cubitt, Minr.
|
| "This Marriage was solemnized between us |
Joseph Salisbury Muskett.
Mary Jary. |
| In the Presence of |
William Jary.
Elizabeth Muskett." |
The Witness was directed to withdraw.
Then Elizabeth Yetts was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Are you Sister to the Petitioner,
Mr. Muskett?"
Yes, I am."
"Were you present at the Marriage?"
"Yes, I was."
"Was her Father present?"
"He was."
"Did he give her away?"
"Yes, he did."
"Was the Maiden Name of the Lady Jary?"
"Yes, it was."
"What Age was your Brother, Mr. Muskett, at that
Time?"
"About Twenty-seven."
"Do you know what Age Miss Jary was?"
"Between Nineteen and Twenty."
"Did you visit them occasionally after their Marriage?"
"Yes, I did."
"Until their Separation?"
"Yes."
"Did that take place in the Year 1817?"
"It did."
"Had they any Children?"
"One, a Daughter."
"How old is she now?"
"Seventeen."
"On what Terms did they appear to you to live
together, up to the Time of their Separation?"
"In the most affectionate Manner."
The Witness was directed to withdraw.
Then Charlotte Adams was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Were you acquainted with Mr. and
Mrs. Muskett?"
"Yes."
"Did you frequently visit them up to the Time of
their Separation in 1817?"
"Up to within Five or Six Weeks."
"Upon what Terms did they appear to you to live
together?"
"Always very happily."
The Witness was directed to withdraw.
Then Thomas Moore Keith was again called in; and
further examined as follows:
(By Counsel.) "Do you produce the Marriage Settlement of Mr. Muskett?"
"I do."
"Are you the Attesting Witness to the Execution?"
"Yes."
"By whom?"
"By Joseph Muskett, Joseph Salisbury Muskett, and
William Jary."
"Are those Mr. Joseph Muskett the Father of Mr. Joseph
Salisbury Muskett the Husband, and Mr. Jary the
Father?"
"Exactly so."
The Witness was directed to withdraw.
Then Elizabeth Yetts was again called in; and further
examined as follows:
(By Counsel.) "Did you attest the Execution of that
Instrument by Mrs. Muskett then Miss Jary?"
"Yes."
The Witness was directed to withdraw.
Then Rebecca Ewing was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Did you live as Nursery Maid with
Mr. and Mrs. Muskett at Intwood Hall?"
"Yes."
"How long did you live with them before their
Separation?"
"Two Years and Three Quarters."
"Did you know Mr. Richard Hanbury Gurney?"
"Yes."
"Had he an Estate which adjoined Intwood Hall
Estate?"
"Yes."
"His Estate was called Keswick?"
"Yes."
"Did he ever dine at your Master's House?"
"Once."
"Did he ever make any Calls at your Master's House
when he was out?"
"Yes."
"On whom did he call?"
"On Mrs. Muskett."
"On any of those Occasions did she give you Directions as to coming, or not bringing the Child into the
Room?"
"Once she did."
"What Directions did she give you?"
"She told me not to take the Child when Mr. Gurney
was in the Room."
"How far is Intwood Hall from Norwich?"
"About Seven Miles."
"Did your Mistress go weekly to Norwich?"
"About Once in a Week."
"How did she go?"
"In the Pony Chaise."
"When you first went to her, did she go the Road by
Keswick, or not?"
"She went the direct Road to Norwich."
"In the last Year, or the last Half Year, did she change
her Road?"
"Yes."
"Which Road did she go then?"
"By Keswick."
"Was that further?"
"Yes."
"Did that go near the House of Mr. Gurney?"
"Yes, it did."
"For the last few Months did you observe, that when
she went to Norwich you saw Mr. Gurney in your
Way?"
"Yes, sometimes."
"How did he go?"
"On Horseback."
"When he was announced, what did your Mistress
do?"
"Get out of the Pony Chaise."
"Did she walk?"
"And walk on the Footpath."
"What did Mr. Gurney do?"
"Get off his Horse, and walk by her Side."
"How far did they use to walk together?"
"'Till they nearly reached Norwich; then she got into
the Pony Chaise again, and he mounted his Horse
again."
"Then they parted?"
"Yes."
"Were you, on any Occasion, in the Market Place of
Norwich, when you saw Mr. Gurney?"
"Yes."
"What was he doing when you first saw him?"
"Speaking to a Gentleman."
"On your Mistress's Approach to him, what did
he do?"
"He left the Gentleman."
"What did your Mistress do?"
"She walked away from me, and the Gentleman
followed her."
"Do you mean Mr. Gurney?"
"Yes."
"How soon did you see your Mistress again?"
"In about Two Hours again."
"Then you went Home with her?"
"Yes."
"Did your Mistress use to walk out with you and
the Child?"
"Yes."
"For the last few Months before the Separation, did
she use to meet with any Person in those Walks?"
"With Mr. Gurney."
"Did they use to walk together?"
"Yes."
"Where?"
"In the Lane adjoining his Plantations."
"Is that a Road of great public Resort, or a private
Lane?"
"A private Lane."
"What length of Time did they use to walk together?"
"Sometimes an Hour, or an Hour and a Half, or Two
Hours."
"On any Occasions, did they quit the Lane and go
into the Plantations?"
"Yes."
"On how many Occasions?"
"Twice."
"Did you go with them, or follow them?"
"Once I did."
"How long was this before the Separation?"
"It was in the Course of the last Six Months."
"In the Course of the Summer of 1817?"
"Yes."
"On the One Occasion on which you went into the
Plantation, did Mr. Gurney and Mrs. Muskett remain
with you, or did they separate themselves from you?"
"They separated themselves from me."
"Where did they go to?"
"Into a Straw Hut."
"When they were in that Straw Hut, could you see
them?"
"No."
"Was there a Seat in that Straw Hut?"
"Yes."
"A long Seat?"
"Yes."
"How long were they in that Straw Hut, out of your
Sight?"
"About Half an Hour."
"When they came back again, did you observe any
thing respecting your Mistress; how did her Countenance look?"
"She looked warm."
"Did you observe any thing respecting her Bonnet?"
"Yes, it was bent down in front."
"Did you tell her of it?"
"Yes."
"What did she do?"
"She straightened it directly."
"Did you then go Home, you and she?"
"Yes."
"In the Month of October, do you remember there
being a good deal of Confusion in the House about
some Discovery your Master was supposed to have
made?"
"Yes."
"Did he send for Mr. and Mrs. Jary?"
"Yes."
"For her Father?"
"Yes."
"And for his Attorney?"
"Yes."
"And for Mr. Fellowes, a Magistrate?"
"Yes."
"Did your Master or your Mistress go to Bed that
Night?"
"No."
"Was there a good deal of Agitation on something
supposed to have passed?"
"Yes."
"After they had all met, you were examined, were
you not?"
"Yes."
"In the Result, what became of Mrs. Muskett; did
your Mistress remain there, or go to her Father's?"
"She went to her Father's."
"Has she ever returned to her Husband's House, to
your Knowledge, since?"
"Not to my Knowledge."
"Upon any Occasions when you were walking out
with her, and you met with Mr. Gurney, did she give
you any Hint about not coming too near her?"
"Yes ; she told me not to creep so under her Nose."
"After that, did you keep at a greater Distance?"
"Yes, I did."
"When they came out of the Straw Hut-you have
told me about her Dress-did you observe any thing
about Mr. Gurney's Dress?"
"Yes, there was a little Dirt on the Back of his Coat."
"You were examined at the Trial at Thetford, that
took place in the Spring of 1818?"
"Yes."
"And you were examined again on the Trial which
took place Two Months ago?"
"Yes."
The Witness was directed to withdraw.
Mr. Gurney stated, "That he had the Father of
Mrs. Muskett in attendance, who attended the Enquiry
in the House of Mr. Muskett in 1817, if their Lordships
felt it necessary to call for his Evidence."
The Counsel were informed, "That that did not
appear to be necessary."
Then John Daniells was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Are you Groom to Mr. Jary, the
"Father of Mrs. Muskett?"
"Yes."
"How long have you been in Mr. Jary's Service?"
"Two and twenty Years."
"Since the Time of Mrs. Muskett leaving her Husband's
House in 1817, did she remain at her Father's House
until last October?"
"Yes."
"How far is Mr. Jary's from Intwood Hall?"
"About Thirteen Miles."
"She had been the whole of that Time at her Father's
House?"
"Yes."
"She has never returned to Mr. Muskett?"
"No."
"Has Mr. Gurney visited at Mr. Jary's House for
some Years past?"
"Yes."
"Has he sometimes slept there?"
"Yes ; sometimes he has dined there, and gone away
in the Evening."
"Has he ever ridden out with Mrs. Muskett?"
"Yes."
"Did they appear to be on Terms of great Intimacy?"
"No ; on very good Terms."
"Did you use to carry Letters between them?"
"Yes."
"From one to the other?"
"Yes."
"And Answers?"
"Yes."
"Where did you take the Letters to Mr. Gurney to ?"
"To the Bank at Norwich."
"Mr. Gurney is a Partner in that Bank?"
"Yes."
"Was your taking those Letters known to any of the
Family besides yourself?"
"No."
"Were you desired to keep this Secret?"
"Yes."
"In the Month of October last, did Mrs. Muskett send
you with a Letter to Mr. Gurney?"
"Yes."
"What Appearance did she exhibit at the Time she
gave you that Letter ?"
"Uncomfortable."
"Did she appear in a distressed State?"
"Yes, she appeared uncomfortable."
"Did you deliver the Letter to Mr. Gurney?"
"Yes."
"Did he give you any Message?"
"He gave me a Letter."
"Did he state to you at that Time any thing respecting her ; what he should do?"
"Yes ; he asked me how she did, and I told him that she
appeared very uncomfortable ; and he said he knew all
about it, for she was with Child by him, and it was his
Wish that he should take her away."
"How soon after that did she leave her Father's
House?"
"About Seven or Eight Days ; or something of that."
"Did she go with the Knowledge of the Family, or
privately?"
"She went away without any Knowledge of the
Family."
"Did she go away in the Night, without the Family
knowing when she went?"
"Yes."
"Have you since known where she went to?"
"No."
"Have you seen her since?"
"Yes."
"When did you next see her ?"
"When I came to London."
"Where did you see her?"
"In Montagu Square."
"When was that; was it in December?"
"Yes, I think it was."
"When you came up about a Trial ?"
"Yes."
"With whom was she living in Montagu Square?"
"With Mr. Gurney."
"Did they live in Montagu Square as Man and
Wife?"
"That I do not know."
"Has she lived there ever since ?"
"Yes."
"You have told me she was at her Father's House,
and never returned to her Husband ; did Mr. Muskett
ever come to Mr. Jary's after she went to live there?"
"No, never."
The Witness was directed to withdraw.
"Then James Stannard was called in; and having been
sworn, was examined as follows:"
(By Counsel.) "Were you Coachman to Mrs. Gurney,
the Mother of Mr. Gurney?"
"Yes."
"Do you know Mr. Gurney?"
"Very well."
"Did you go, by his Desire, in October last, to
Mr. Jary's?"
"Yes."
"Did he tell you what you were to do ?"
"Yes."
"What did he say ?"
"He told me he wanted me to go and take Mrs. MusKett from Burlingham."
"Mr. Jary lives at Burlingham ?"
"Yes."
"Did you go?"
"Yes."
"With him ?"
"Yes."
"Did you bring Mrs. Muskett away ?"
"Yes."
"At what Time of Night ?"
"At Twelve o'Clock."
"Where did you then carry her to ?"
"I brought her within a Mile of Norwich."
"Where did she go then ?"
"There was a Pair of Horses to hang on to the Carriage, and they set off for Long Stratton."
"Is that the first Stage towards London from Norwich?"
"Yes."
"Mrs. Muskett and Mr. Gurney together?"
"Yes."
"Have you since been in London?"
"Yes."
"Have you been at Mr. Gurney's House?"
"Yes."
"Where is it?"
"No. 34, Montagu Square."
"Have you seen Mrs. Muskett there?"
"Yes."
"Does she live there with him?"
"Yes."
"As Man and Wife?"
"Yes."
"Does she act as the Mistress of the House?"
"Yes."
(By a Lord.)" You are the Coachman, you say?"
"Yes."
The Witness was directed to Withdraw.
The George Springall was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Are you Servant to Mr. Richard
Hanbury Gurney?"
"Yes, I am."
"Did you accompany Mr. Gurney and Mrs. Muskett
to London in the Month of October last?"
"Yes, I did."
"To what House in London did they first come?"
"To the Hanover Hotel, in Hanover Square."
"How long did they remain at the Hanover Hotel?"
"About a Fortnight."
"Did they pass as Man and Wife?"
"Yes, they did."
"Did you attend upon your Master?"
"Yes."
"Had they only One Bed?"
"There was only One Bed in the Apartments; there
were Three Rooms, but only One Bed-room."
"Did they occupy that Bed-room?"
"Yes."
"Did you attend your Master to the Bed-room?"
"I did."
"Did you attend and undress him there, while she
was in the Dressing-room?"
"Not every Evening; but in the Morning I used to
attend him in the Bed-room, and Mrs. Muskett went
into the Dressing-room, which was through the Bedroom, and her Servant attended her there."
"After they had been some Time at the Hanover
Hotel, did they remove to Montagu Square?"
"Yes, they did."
"Have they lived there ever since?"
"Yes."
"Have you lived there with them?"
"Yes."
"Have they lived there together as Man and Wife ever
since?"
"Yes, they have."
The Witness was directed to withdraw.
Then Charlotte Lucy Holding was called in; and having
been sworn, was examined as follows:
(By Counsel.) "Are you the Proprietress of the
Hanover Hotel?"
"Yes."
"Do you recollect a Gentleman and Lady by the
Name of Gurney coming to the Hotel in October last?"
"Yes."
"Did they go under the Name of Mr. and Mrs. Gurney?"
"Yes."
"Was there a Servant named Springall with them?"
"Yes."
"How long did they remain?"
"From the 14th to the 26th."
"What Apartments did they occupy?"
"A Dining-room, Bed-room, and Dressing-room; a long
Suite."
"Was there more than One Bed?"
"Not in the Bed-room."
"Did they remain together as Man and Wife occupying
those Rooms while they were there?"
"Yes."
The Witness was directed to withdraw.
Then Elizabeth Pettitt was called in; and having been
sworn, was examined as follows:
(By Counsel.)" Are you the Chambermaid at the
Hanover Hotel?"
"Yes."
"Do you remember Mr. and Mrs. Gurney being there
in October last?"
"Yes, I do."
"Did you make the Bed?"
"Yes, I did."
"Was there but One Bed in the Apartments they
occupied?"
"Only One."
"They remained there for several Days as Man and
Wife?"
"Yes, they did."
The Witness was directed to withdraw.
Then Harriett Gaze was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Did you come up to the Hanover
Hotel after Mr. Gurney and Mrs. Muskett had come
there?"
"Yes."
"Did you attend on Mrs. Muskett while she remained
there?"
"Yes."
"Had Mr. Gurney and Mrs. Muskett any more than
One Bed?"
"No."
"Have they lived together from that Time to this, as
Man and Wife?"
"Yes."
"In the Month of January was she delivered of a
Child?"
"In December."
"A Female Child?"
"Yes."
The Witness was directed to withdraw.
Then John Wood was again called in, and further examined
as follows:
(By Counsel.) "Are you an Attorney?"
"Yes."
"Were you instructed by Mr. Muskett to commence
an Action for Criminal Conversation against Mr. Gurney?"
"As Agent for Messieurs Sewell and Blake of Norwich,
we were instructed to do so."
"Did you recover Damages in that Action?"
"Yes."
"The Damages were £2,000, and the Costs £248 10s.
were they not?"
"Yes."
"Have you received those Damages and Costs since
the Judgment was obtained?"
"Yes, I have."
(By a Lord.) "From whom?"
"From Mr. Gurney's Agent."
"Have you paid them over?"
"I have paid them over to Mr. Muskett."
(By Counsel.) "Do you also produce the Judgment
in 1818 ?"
"Yes."
"There was a Verdict for the Defendant in that
Case ?"
"Yes; I have examined them both with the Original
Roll."
"The same were delivered in and read ; the first being
an Office Copy of a Record of a Judgment in the Court
of King's Bench, in Hilary Term in the Fifty-eighth
Year of the Reign of King George the Third, in an Action
by Joseph Salisbury Muskett against Richard Hanbury
Gurney, for Trespass, Assault and Criminal Conversation
with Mary the Wife of the said Joseph Salisbury Muskett,
against the said Joseph Salisbury Muskett, with Costs of
Suit; and the second being an Office Copy of a Record
of a Judgment in the same Court, in Michaelmas Term
in the Tenth Year of the Reign of His present Majesty,
in an Action between the said Parties on the same Account,
for £2,000, besides Costs of Suit.
The Witness was directed to withdraw.
Mr. Gurney stated, "That he had closed the Case in
proof of the Preamble of the Bill, and that the Petitioner was in attendance, in case their Lordships should
desire to propose any Questions to him."
Mr. David Pollock declined to make any Observations
on the Evidence.
The Counsel were directed to withdraw.
Then the said Bill was read a Second Time.
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 on Monday next.
Hamerton's Divorce Bill, Witnesses to attend.
Ordered, That Joseph Fowler, Ann Hatton, Ann Haines,
Michael O'Brien, William Burrows, Sarah Bright, William
Maine, Thomas Hiam, Alexander Allan, Rowland Paul
and William Pitt do attend this House on Wednesday
next, in order to their being examined as Witnesses upon
the Second Reading of the Bill, intituled "An Act to
dissolve the Marriage of William Medows Hamerton
Esquire with Isabella Frances his now Wife, and to
enable him to marry again; and for other Purposes."
Sir W. Cumming's et al. Petition referred to Judges in Scotland.
Upon reading the Petition of Sir William Gordon
Gordon Cumming Baronet, Heir of Entail in Possession
of the Lands and Barony of Gordonstown and others, for
himself, and as Guardian or Administrator at Law for his
Children, Infants under Age, and of the other Persons
whose Names are thereunto subscribed, Heirs of Entail
of the said Estates; 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 Glenlee, in
Scotland, and Lord Newton, in Scotland, who 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.
Ld. Provost of Edinburgh et al. v. Mac Donald, Respondent's Petition to receive his Case, referred to Appeal Com ee.
Upon reading the Petition of Major William Mac Donald,
Respondent in a Cause depending in this House, to which
The Lord Provost of the City of Edinburgh, and others,
are Appellants; praying their Lordships, "That his
printed Case may be received:"
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.
Rose v. Macleod, Appellant's Petition for further Time for his Case, referred to the Appeal Com ee.
Upon reading the Petition of Hugh Rose Esquire,
Appellant in a Cause depending in this House, to which
Donald Macleod and his Factor loco Tutoris are Respondents; praying, "That their Lordships will be pleased
to allow the Petitioner Two Months, from the 15th Day
of April, for lodging his printed Case:"
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.
Gardiner v. Simmons, Leave to present Appeal.
Upon reading the Petition of William Spells Gardiner,
containing the same Allegations as a Petition of the said
William Spells Gardiner, by George Sharp his Agent,
presented to the House on the 22d Day of February
last; praying, "That their Lordships will be pleased to
receive the Petitioner's said Petition of Appeal, the
Agents for Stephen Simmons, the Respondent thereto,
consenting:"
It is Ordered, That the said Appeal be received, as
desired.
Dillon v. Sir W. Parker, Appellant's Petition to postpone the Hearing, referred to Appeal Com ee.
Upon reading the Petition of 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 further postponed to Monday the
29th Day of March instant:"
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.
Sir J. Montgomery et al. v. Maxwell.
Ordered, That the Order made Yesterday, "That the
Hearing of the Cause wherein Sir James Montgomery
Baronet, and others, are Appellants, and Mackill
Maxwell is Respondent, which stands appointed for
Friday the 26th of this instant March, be put off till
after the Recess at Easter," be discharged.
East India, &c. Trade, Petitions for throwing open, referred to East India Com ee: Provost, &c. of Dumbarton:
Upon reading the Petition of The Provost, Bailies, Dean
of Guild, Treasurer and Councillors of the Royal Burgh
of Dumbarton, under their Common Seal; praying, "That
their Lordships will, at the Period now fixed by Law,
establish the Intercourse of the United Kingdom with
the Countries to the East of the Cape of Good Hope
on such a Footing of Freedom and Security as will
effectually and greatly increase the Wealth and add
to the Property of British Subjects at Home and
Abroad; to institute such Enquiry into the Subject as
may appear proper; and to remove and abolish every
Condition and Restriction on the Trade to those
Countries, and the Residence of British-born Subjects
there, as may not be absolutely necessary for the
Security and Tranquillity of the British Possessions in
India."
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.
Burslem;
Upon reading the Petition of the Manufacturers,
Tradesmen, and other Inhabitants of Burslem in the
Staffordshire Potteries, whose Names are thereunto subscribed:
Chamber of Commerce, &c. Staffordshire Potteries:
And also, Upon reading the Petition of the Chamber
of Commerce and of other Manufacturers in the Staffordshire Potteries; severally praying their Lordships "not
to renew the Charter of The East India Company at
its approaching Termination, except on Conditions that
shall open the Trade to China and India to all Classes
of His Majesty's Subjects without Impediment or
Restriction; and to secure for them the Enjoyment of
those Rights and Benefits to which they feel themselves
entitled in common with the rest of His Majesty's
Subjects."
It is Ordered, That the said Petitions do lie on the
Table.
Ordered, That the said Petitions be referred to the lastmentioned Committee.
Greenock:
Upon reading the Petition of the Persons whose Names
are thereunto subscribed, Merchants, Ship Owners, Tradesmen and others, Inhabitants of the Town of Greenock;
praying their Lordships, "That, at the Expiry of the
existing Charter of The East India Company, the
"Restrictions on the Trade and Colonization of India
may be removed, and the oppressive Monopoly of the
Trade with China entirely abolished:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Bury.
Upon reading the Petition of the Merchants, Manufacturers, Householders and other Inhabitants of Bury
and its Vicinity, whose Names are thereunto subscribed;
praying their Lordships, "That Notice may be given at
the earliest Period allowed by Law for the Termination
of the Charter of The East India Company on the
11th Day of April 1834, and that thereafter the
Petitioners, and all other of His Majesty's Subjects,
may be admitted to a free and unshackled Settlement
in India, and to a full and unrestricted Participation
in the Trade to India, China, and all other Countries
of the East:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Leave to Sir E. H. East to attend East India Com ee.
A Message was brought from the House of Commons,
by Sir Alexander Grant and others, as follows; (viz
t.)
"My Lords,
"The Commons have directed me to acquaint your
Lordships, That they have given Leave to Sir Edward
Hyde East Baronet, a Member of their House, to
attend your Lordships, in order to his being examined
as a Witness before the Select Committee appointed by
your Lordships 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, as desired by your Lordships in your Message
of Friday last, if he thinks fit."
Glossary to 5th Report of H. C. on Affairs of The East India Co. Communicated, & referred to East India Com ee.
A Message was brought from the House of Commons,
by Sir Alexander Grant and others, as follows; (viz
t.)
"My Lords,
"The Commons have directed me to communicate
to your Lordships the Glossary to the Fifth Report
from the Select Committee appointed by them to
enquire into the present State of the Affairs of The
East India Company; which Report was made on the
28th Day of July 1812, and was communicated to your
Lordships, but the Glossary was not then annexed to
the Report."
Ordered, That the said Paper do lie on the Table.
Ordered, That the said Paper be printed.
Ordered, That the said Paper 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.
Salford Improvement Bill.
A Message was brought from the House of Commons,
by Lord Stanley and others;
With a Bill, intituled, "An Act for better cleansing,
lighting, watching, regulating and improving the Town
of Salford, in the County Palatine of Lancaster;" to
which they desire the Concurrence of this House.
Kirkby & Pinxton Road Bill.
A Message was brought from the House of Commons, by
Admiral Sotheron and others;
With a Bill, intituled, "An Act for repairing and improving the Road from the Nottingham and Mansfield
Turnpike Road, through Kirkby and Pinxton, to Carter
Lane, and to the Colliery near Pinxton Green, in the
Counties of Nottingham and Derby;" to which they
desire the Concurrence of this House.
Watling Street Road Bill.
A Message was brought from the House of Commons,
by Mr. Corbett and others;
With a Bill, intituled, "An Act for more effectually
improving and maintaining the Wellington District of
Watling Street Road, in the County of Salop;" to which
they desire the Concurrence of this House.
The said Three Bills were, severally, read the First
Time.
Report of Com ee of the General Penitentiary, delivered.
The House being informed, "That Mr. Auld, from the
General Penitentiary at Millbank, attended;"
He was called in; and delivered at the Bar, pursuant
to the Directions of an Act of Parliament,
"Report of the Committee of the General Penitentiary
at Millbank."
And then he withdrew.
And the Title thereof being read by the Clerk;
Ordered, That the said Report do lie on the Table.
Market Harborough Roads Bill:
Hodie 3a
vice lecta est Billa, intituled, "An Act for
more effectually repairing and improving the Roads
from Market Harborough to Loughborough, and from
Filling Gate to the Melton Mowbray Turnpike Road, in
the County of Leicester."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Thirsk Roads Bill:
Hodie 3a
vice lecta est Billa, intituled, "An Act for
repairing certain Turnpike Roads leading to and from
Thirsk, in the County of York."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Messages to H.C. that the Lords have agreed to the 2 preceding Bills.
And Messages were, severally, sent to the House of
Commons, by Mr. Harvey and Mr. Stratford;
To acquaint them, That the Lords have agreed to the
said Bills, without any Amendment.
Coals carried Coastwise, Petition from Cardiff for Repeal of Duty on, referred to Com ee on the Coal Trade.
Upon reading the Petition of the Inhabitants of the
Town and Neighbourhood of Cardiff interested in the
Coal and Shipping Trades, whose Names are thereunto
subscribed; praying their Lordships "to repeal the Duties
on Sea-borne Coal:"
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 take into Consideration the State
of the Coal Trade in the United Kingdom, together with
the Duties of all Descriptions and Charges affecting the
same, as well in the Port of London as in the several
other Ports of the United Kingdom.
East India, &c. Trade, Petition of Merchts of London for Extension of, referred to East India Com ee.
Upon reading the Petition of the Merchants, Agents
and others connected with the Trade of the East Indies,
and resident in London, whose Names are thereunto subscribed; praying, "That their Lordships will adopt such
Measures as may afford greater Facilities for the
Extension of the Trade with India and China, promote
its general Prosperity, and conduce to the Improvement and Welfare of the vast Population of the British
Territories in the East."
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.
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 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; and to report to the House; and
to whom was referred a Petition in the Cause Willis and
another against Sir George Abercrombie Robinson Baronet
and others; "That the Committee had met, and considered the Petition of George Thomas Lyon Bowes,
commonly called Lord Glammis, One of the Respondents
in the Cause Willis and another against Sir George
Abercrombie Robinson Baronet and others, praying their
Lordships to order that the said Petition and Appeal
may be set down and heard at an early Day in this
present Session of Parliament; and had heard the
Respondents Agents thereon; and the Committee are
of Opinion, under the Circumstances of the Case,
That the said Cause should be appointed to be heard
on Monday next."
Which Report, being read by the Clerk, was agreed to
by the House; and Ordered accordingly.
Willis et Ux. v. Sir G. A. Robinson et al.
Ordered, That the Cause wherein John Walpole Willis
Esquire, and Lady Mary Isabelle his Wife, are Appellants,
and Sir George Abercrombie Robinson Baronet, and others,
are Respondents, be heard by Counsel at the Bar on
Monday next.
East India Com ee, Witnesses to attend.
Ordered, That Sir Thomas Strange, Sir Henry Strachey,
and Sir Alexander Johnston do attend this House on
Monday next, to be sworn, in order to their being
examined as Witnesses before 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.
Horsham & Guildford Roads Bill.
Hodie 2 a vice lecta est Billa, intituled, "An Act for
more effectually repairing and improving the Road from
Horsham to the Road leading to Guildford at Aldford
Cross Ways, with Two Branches therefrom, and for
making and maintaining a new Branch of Road to communicate therewith, all in the Counties of Sussex and
Surrey."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
|
|
V. Arbuthnott.
V. Melville.
V. Gordon.
V. Goderich.
L. Bp. Oxford.
D.Wellington.
L. Saye & Sele.
L. Clifton.
L. Gower.
L. Colville of Culross.
L. Hay.
L. King.
L. Holland.
L. Vernon.
L. Calthorpe.
L. Bayning.
L. Arden.
L. Somerhill. |
L. Abp. Canterbury.
L. President.
L. Privy Seal.
D. Norfolk.
D. Wellington.
M. Landsdowne.
M. Salisbury.
M. Bute.
L. Chamberlain.
E. Essex.
E. Carlisle.
E. Shaftesbury.
E. Cornwallis.
E. Malmesbury.
E. Wicklow.
E. Vane. |
Their Lordships, or any Five of them, to meet on
Monday next, at Ten o'Clock in the Forenoon, in
the Prince's Lodgings, near the House of Peers;
and to adjourn as they please.
Bridport Road Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
better repairing the Second District of Turnpike Roads
leading to and from the Town of Bridport in the
County of Dorset; and for making and maintaining
several Branch Roads to communicate with the same."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on
the same Day, at the same Place; and to adjourn
as they please.
Transfer of Aids Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
appropriating certain Sums to the Service of the Year
One thousand eight hundred and thirty."
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 on Monday next.
Exchequer Bills (£12000,000) Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
raising the Sum of Twelve Millions by Exchequer Bills,
for the Service of the Year One thousand eight hundred
and thirty."
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 on Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Lunæ, decimum
quintum diem instantis Martii, horâ decimâ Auroræ,
Dominis sic decernentibus.