House of Lords Journal Volume 63: 8 July 1831

Die Veneris, 8° Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Ld. Lyndhurst chosen Speaker pro tempore.

The Lord Chancellor not being present, and The Lord Tenterden, The Earl of Shaftesbury and The Lord Wynford, appointed Speakers by His Majesty's Commissions, being absent, the Lords unanimously chose The Lord Lyndhurst to be Speaker pro tempore:

And his Lordship took his Seat upon the Woolsack accordingly.

PRAYERS.

Sir W. Rae v. Ld. Dundas et al.

The separate Answer of The Right Honorable Lawrence Lord Dundas to the Petition and Appeal of Sir William Rae of Saint Catherines, Baronet, His Majesty's Advocate, was this Day brought in.

Macintyre et al. v. Macdonald & Lawson:

After hearing Counsel, as well on Friday last as on this Day, upon the Petition and Appeal of Christian, Margaret, William, Donald and Robert Macintyre, the surviving Children of the deceased Duncan Macintyre, some Time Tenant in Benmore, afterwards in Dundurn, and Donald Macintyre at Wester Dundurn, Peter Macintyre at Daleathie, and James Mac Naughton at St. Fillans, Tutors and Curators nominated and appointed to them and for Margaret M'Naughton or Macintyre, Widow of the said Duncan Macintyre, Pursuers; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 11th of July and 25th of November 1823 and the 12th of November 1824; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 16th of December 1824; also of an Interlocutor of the said Lord Ordinary, of the 28th of November 1828; and also of Two Interlocutors of the said Lords of Session, of the Second Division, of the 11th of December 1829 and the 23d of January 1830; and praying, "That the same might be reversed, varied or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Coll Mac Donald Esquire, of Dalness, Writer to the Signet in Edinburgh, and John Lawson Esquire, Writer to the Signet there, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors 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 Interlocutors therein complained of, be, and the same are hereby Affirmed.

The Glamorganshire Canal Co. v. Blakemore, in Error.

The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein the Glamorganshire Canal Company are Plaintiffs, and Richard Blakemore is Defendant;

Counsel were accordingly called in:

And the Plaintiffs and Defendant's Counsel being fully heard;

As also One Counsel for the Plaintiffs by way of Reply;

The Counsel were directed to withdraw.

Ordered, That the further Consideration of the said Cause be put off sine Die.

Gray & Woodrop v. M'Nair:

The House proceeded to take into further Consideration the Cause wherein Robert Gray and John Woodrop are Appellants, and James M'Nair Esquire is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Tuesday the 23d Day of February as on Wednesday the 3d Day of March 1830, upon the Petition and Appeal of Robert Gray of Carntyne, and John Woodrop of Dalmarnoch, which Appeal, upon the Death of the Respondent James M'Nair Esquire, of Greenfield, was, by Order of this House of the 19th Day of February 1830, revived in the Name of Colonel James Macnair of the 52d Regiment of Foot, Son and Heir of the said James M'Nair deceased; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 31st of May (signed 5th June) 1827; and praying, "That the same might be reversed, varied or altered, 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 James M'Nair Esquire, of Greenfield, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutor 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 Interlocutor therein complained of, be, and the same is hereby Affirmed.

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

E. of Shrewsbury & Waterford's Claim, Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of John Earl of Shrewsbury of England, and Earl of Waterford of that Part of the United Kingdom called Ireland, praying, "That his Right to vote at the Election of Peers for Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred, do meet to consider of the said Petition on Wednesday the 27th of this instant July.

The Provost, &c. of Dingwall et al. v. Mackenzie & Munro.

Ordered, That the Cause wherein The Provost and Magistrates of Dingwall, and others, are Appellants, and The Honorable Mrs. Maria Hay Mackenzie and Hugh Munro Esquire are Respondents, be heard by Counsel at the Bar on Monday next.

Pearson et al. v. Stephen et al.

Ordered, That the Cause wherein Henry Robert Pearson, and others, are Appellants, and James Stephen the younger, and others, are Respondents, be heard by Counsel at the Bar on Monday next.

Wine in Ireland, Petition of Wine Merchants of Dublin against additional Duties on.

Upon reading the Petition of the Wine Merchants of the City of Dublin, whose Names are thereunto subscribed; praying, "That their Lordships will not sanction the Imposition of additional Duties on any Description of Wines in Ireland:"

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

Beattie's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower the Judges of the Court of Session in Scotland to take an Account of the Debts and Burdens affecting and that may be made to affect the Entailed Estate of Crieve and others, in the Counties of Dumfries and Roxburgh, and to sell such Part of the said Estate as may be sufficient to discharge the said Debts and Burdens; and likewise for settling and securing the Lands and Estate of Murrayfield and others, in the said County of Dumfries, to and in favor of Thomas Beattie of Crieve, Esquire, and the Series of Heirs entitled to take by a certain Deed of Entail made by Thomas Beattie of Crieve, Esquire, now deceased, and under the Conditions and Limitations contained in the said Deed, and for vesting in lieu thereof certain Parts of the Estate of Crieve in the said Thomas Beattie Esquire, and his Heirs and Assigns, in Fee-Simple."

The Question was put, "Whether this Bill shall pass?"

It was resolve in the Affirmative.

Edwards' Estate Bill

Hodie 3^a vice lecta est Billa, intituled, "An Act to effect an Exchange of Lands between Harriet Averina Brunetta Herbert, an infant Ward of the Court of Chancery, and John Edwards Esquire."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Messages to H.C. with the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Adam and Mr. Roupell;

To carry down the said Bills, and desire their Concurrence thereto.

Cheltenham Roads Bill read 2 a, & committed:

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving several Roads leading into and from the Town of Cheltenham, in the County of Gloucester; and for making new Branches of Roads to communicate therewith."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

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.

Petition against it, referred to the Com ee:

Upon reading the Petition of Goldsworthy Gurney of the Regent's Park, London, Gentleman; taking notice of the last-mentioned Bill, and praying their Lordships, That he may be heard by his Counsel, Agents and Witnesses, against such Provisions and Clauses of the same as affect his Interest; and that the same may not pass into a Law as it now stands:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, and that the Petitioner be at liberty to be heard, by his Counsel, Agents and Witnesses, against the same, as desired; and that Counsel be heard for the Bill at the same Time, if they think fit.

All Lords added to the Com ee:

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee to whom the last-mentioned Bill stands committed, be added thereto.

Com ee to appoint a Chairman.

Ordered, That the Committee to whom the said Bill stands committed do appoint their own Chairman.

Orford's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting an Undivided Moiety of a Freehold Estate in Liverpool, in the County Palatine of Lancaster, late the Property of William Orford Esquire, deceased, in Trustees, for Sale, and for investing the Proceeds of such Sale for the Benefit of his infant Son and He Law."

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 Tuesday the 19th of this instant July, at the usual Time and Place; and to adjourn as they please.

Kinnaird Leave for a Divorce Bill:

A Petition of Hugh Kinnaird of Windsor, in the County of Berks, Esquire; praying their Lordships, "That Leave may be given to bring in a Bill to dissolve the Marriage of the Petitioner with Ann his Wife, and to enable him to marry again," being offered to be presented to the House;

The House was informed, "That Mr. Thomas Skeffington was attending."

He was Ordered to be called in:

And being called in accordingly, and sworn at the Bar, delivered a Copy of the Proceedings for a Divorce a Mensâ et Thoro, and the Definitive Sentence of Divorce, in the Consistory Court of The Dean and Chapter of the Collegiate Church of Saint Peter, Westminster, intituled, "Kinnaird against Kinnaird;" which he said he had examined with the Originals, and that the same were true Copies:

And then he withdrew.

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

Then the said Petition was presented and read.

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

Bill presented:

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

The said Bill was read the First Time.

Order for 2d Reading:

Ordered, That the said Bill be read a Second Time on Monday the 25th of this instant July, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Hugh Kinnaird may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Ann may have a Copy of the Bill, and that Notice be given her of the said Second Reading; and that she be at liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.

Petitioner to attend.

Ordered, That Hugh Kinnaird Esquire do attend this House on Monday the 25th of this instant July, in order to his being examined upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Hugh Kinnaird Esquire with Ann his now Wife, and to enable him to marry again; and for other Purposes," if the House shall think fit, whether there has or has not been any Collusion, directly or indirectly, on his Part, relative to any Act of Adultery that may have been committed by his Wife; or whether there be any Collusion, directly or indirectly, between him and his Wife, or any other Person or Persons, touching the said Bill of Divorce, or touching any Proceedings or Sentence of Divorce had in the Ecclesiastical Court at his Suit, or touching any Action at Law which may have been brought by him against any Person for Criminal Conversation with his the said Hugh Kinnaird's Wife; and also whether, at the Time of the Adultery of which he complains, his Wife was, by Deed, or otherwise by his Consent, living separate and apart from him, and released by him, as far as in him lies, from her conjugal Duty, or whether she was, at the Time of such Adultery, cohabiting with him, and under the Protection and Authority of him as her Husband.

2d 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 were referred Petitions in the Causes Robinson against Alexander, and Messieurs Leys, Masson and Company against James Ochoncar Lord Forbes and others; "That the Committee had met, and considered the Respondent's Petition in the Cause Robinson against Alexander, praying their Lordships for Leave to lodge his printed Case; and the Committee are of Opinion, That the Petitioner may be allowed now to deliver in his printed Case: And that the Committee had also considered the Appellants Petition in the Cause Messieurs Leys, Masson and Company against James Ochoncar Lord Forbes and others, praying their Lordships to appoint this Cause to be heard on such early Day as may suit the Convenience of the House, in Terms of the Act of the 55th George 3d, for extending Trial by Jury to Civil Causes in Scotland; and had heard the Respondents Agent thereon, and the Committee are of Opinion, That this Cause should be appointed to be heard on such early Day as may be convenient to the House, in Terms of the said Act."

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

Sir W. Rae v. Ld. Dundas et al. Petition of Ld. Dundas to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of Lawrence Lord Dundas, one of the Respondents in a Cause depending in this House, to which Sir William Rae Baronet is Appellant; praying, "That their Lordships will be pleased to order that the Prints of his Appeal 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.

Ld. Sinclair's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to empower the Judges of the Court of Session in Scotland to sell such Part of the Entailed Lands and Barony of West Nisbet, in the County of Berwick, now belonging to Charles Carre Lord Sinclair, as shall be sufficient for Payment of the Provisions, Debts and Incumbrances affecting the same," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Birmingham Grammar School Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable the Governors of the Possessions, Revenues and Goods of the Free Grammar School of King Edward the Sixth, in Birmingham, in the County of Warwick, to erect a School House, Masters Houses and other suitable Accommodations for the said School, on a new Site in the Vicinity of the Town of Birmingham; and to extend the Objects of the Charity; and for other Purposes," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

D. of Hamilton's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, An Act to enable "The Most Noble Alexander Duke of Hamilton and Brandon, and the Heirs of Entail of the Lands and Barony of Kinneil, in the Shire of Linlithgow, to charge the Sleeches or Land to be gained from the Sea opposite the said Barony with the Expences laid out in gaining the same," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same the House, without any Amendment."

Ordered, That the said Bill be ingrossed.

Flowerdew v. The Dundee &c. Shipping Co.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Allen Flowerdew is Appellant, and The Dundee, Perth and London Shipping Company are Respondents, ex-parte, the Respondents not having put in their Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondents put in their Answer thereto in the mean time.

Report on Cameron's et al. Petition for a Bill:

The Earl of Shaftesbury reported from the Lords Committees, to whom it was referred to consider of the Petition of Nathaniel Cameron Esquire, and others; praying, "That they may have Leave now to bring in a Bill for effecting the Purposes therein mentioned, such Bill being an exact Copy of the Bill read a Second Time in this House in the last Session of Parliament;" That the Committee had met, and considered the said Petition, and had examined John Jackson Price, Solicitor for the Bill, and that it did not appear to the Committee that any Alteration had taken place in the State or Interest of the Parties since the Proceedings on the said former Petition and Bill were stayed by the Prorogation of the last Parliament."

Which Report, being read by the Clerk, was agreed to by the House.

Leave for a Bill:

Ordered, That Leave be given to the Petitioners to bring in a Bill in the same Words as their former Bill in the last Session of Parliament.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Undivided Moieties of certain Estates of Nathaniel Cameron Esquire and Lætitia Pryce his Wife, in the County of Glamorgan, in Trustees, in Trust to sell, under the Directions of the High Court of Chancery, and to apply the Money to arise from such Sales in the Manner therein mentioned."

Customs, &c. Oaths Abolition Bill.

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

With a Bill, intituled, "An Act to abolish certain Oaths and Affirmations taken and made in the Customs and Excise Departments of His Majesty's Revenue, and to substitute Declarations in lieu thereof;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Duchy of Cornwall Leases Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to make Leases, Copies and Grants of Offices, Lands and Hereditaments, Parcel of the Duchy of Cornwall, or annexed to the same;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Turnpike Acts Continuance Bill.

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

With a Bill, intituled, "An Act for continuing, until the Thirtieth Day of June One thousand eight hundred and thirty-two, the several Acts for regulating the Turnpike Roads in Great Britain which will expire at the End of the present Session of Parliament;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Comes Shaftesbury declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem instantis Julii, horâ decimâ Auroræ, Dominis sic decernentibus.