House of Lords Journal Volume 63: 29 September 1831

Die Jovis, 29 °Septembris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Clyne v. Sclater et al:

After hearing Counsel this Day upon the amended Petition and Appeal of David Clyne, Solicitor, Supreme Courts, Edinburgh; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 9th of June 1830; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 11th of January 1831; and also of Two Interlocutors of the Lord Ordinary, of the 15th and 27th of January 1831; and praying, "That the same might be reversed, varied or altered, so far as complained of, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the joint and separate Answer of Robert Sclater, Die Cutter in Edinburgh, Eagle Henderson Esquire, of Press, William Renton, Merchant in Edinburgh, Colonel Robert Anstruther, residing there, Messieurs James Porteous, Preacher of the Gospel, Robert Kinnear, Bookseller in Edinburgh, John Robertson, Wine and Spirit Merchant there, and James Laidlaw Mitchell, Writer to the Signet, Trustees nominated and appointed by the late John Garrioch, residing in Edinburgh, and as such having Right to the Shares of the Capital Stock held by the said deceased John Garrioch; George Callum junior, Tinsmith in Edinburgh, Alexander Wright, Seedsman there, William Rankine, Baker there, William Stewart; Ironmonger there, Mathew Browning, Ironmonger there, Adam Ogilvie Turnbull, Builder there, William Bruce, Leather Merchant there, John Sanderson, Lapidary there, Walter Nicholl, Teacher there, William Lennie, Teacher there, Peter Brown, Merchant there, John Hay, Stock Broker there, David Brown, Bookseller there, Nichol Allan, Manager for the Hercules Insurance Company in Edinburgh, Robert Anderson, Iron Merchant, Leith, Hamilton John Williams, Writer to the Signet, and John Kennedy, Clerk to the Signet, his Mandatory, William Hunter, Bookseller in Edinburgh, William Matheson, Ironmonger there, John Henderson, Haberdasher there, Robert Torrance, Tinsmith there, William Walker, Baker there, Jean Campbell, residing there, Thomas Sibbald, Ironmonger there, Joseph Anderson, Ironmonger there, John Glasgow, Brewer there, William Fraser junior, Merchant Tailor there, Robert Cockburn, Tinsmith there, John Riddell Stoddart, Writer to the Signet, Alexander Stuart, Writer, Edinburgh, Robert Boog, Solicitor in the Supreme Courts of Scotland, The Reverend James Porteous, residing in Edinburgh, James Mullo, Plasterer there, William Forrest, residing there, Mathew Wingrage, Straw Hat Maker there, David Gibson, Haberdasher there, William Hunter of Outerston by Fushie, Robert Affleck, Grocer in Edinburgh, Mary Jeffreys, Easterfield, near Fisher Row, Peter M'Glashan, Builder in Edinburgh, James Claud Ferrier, Builder there, William Wedderspoon, Writer in Perth, James Miller, residing at Inverleith Road, near Edinburgh, John Young, Solicitor in the Supreme Courts of Scotland, James Imrie, Writer in Edinburgh, Robert Johnston, Yardheads, Leith, Andrew Balfour, Printer in Edinburgh, The Reverend Doctor William Brown, residing there, Mary Taylor, at Seaton Mains, near Tranent, James M'Lean, Writer in Edinburgh, Robert Melville, Drumdryan House, near Edinburgh, David Murray, Writer to the Signet, Joseph Gordon, Writer to the Signet, the said John Kennedy, Alexander Burns, Writer to the Signet, Andrew Turnbull, Accountant of Excise in Edinburgh, Thomas Stobie, residing at Balnethill, in Fife, John Ferrier, residing at Lauriston, Edinburgh, for and in behalf of Marjory Cubbison or Ferrier, his Spouse, John Haldane, Solicitor at Law in Edinburgh, Major Thomas Cubitt, of the Royal Artillery, and the said John Kennedy as his Mandatory, David Martin Black, Writer to the Signet, George Hill, Solicitor at Law, Edinburgh, William Miller Christy, Merchant in London, and Alexander Cruickshank, Merchant in Edinburgh, his Mandatory, and John Wilson, lately Teacher, now residing in Edinburgh, designing themselves all Partners or Proprietors of the Company known by and carrying on Business at Spring field on Leith Walk, Edinburgh, under the Firm or Designation of the Caledonian Iron and Foundry Company, and John Stirling, Manager of the said Company, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Reversed, & Cause remitted.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutors complained of in the said Appeal, be, and the same are hereby Reversed: And it is further Ordered, That the said Cause be remitted back to the Court of Session in Scotland, to do further therein as shall be just and consistent with this Judgment.

Hunter v. Cochrane's Trustees.

After hearing Counsel, in Part, in the Cause wherein George Hunter Esquire is Appellant, and the Trustees of The Honorable Basil Cochrane are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off 'till To-morrow.

Ld. Lovel & Holland takes the Oaths.

This Day John Lord Lovel and Holland took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Langston et al. v. Langston et al.

It was moved, "That the Order made Yesterday, That the Cause wherein Julia Langston, and others, are Appellants, and James Haughton Langston, and others, are Respondents, be heard by Counsel at the Bar on Friday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Lewis & Stevens v. Bridgman & Mallet.

It was moved, "That the Order made Yesterday, That the Cause wherein Thomas Lewis and Robert Stevens are Appellants, and William Bridgman and John Lewis Mallet are Respondents, be heard by Counsel at the Bar on Friday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Reid v. Lyon & Fisher, Respondents Petition to lodge their Case, referred to Appeal Comee.

Upon reading the Petition of Peter Lyon and Charles Fisher, Respondents in a Cause depending in this House, to which John Reid is Appellant; praying, "That their Lordships will be pleased to order that they may have Leave to lodge their 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.

Tithes Composition Bill.

Ordered, That the Bill, intituled, "An Act for encouraging and facilitating Compositions for Tithes and other Profits arising and payable to Incumbents of Ecclesiastical Benefices in England and Wales," be read the Third Time To-morrow; and that the Lords be summoned.

Reform (England) Bill, Petitions in favor of: (Provost, &c. of Linlithgow:)

Upon reading the Petition of The Provost, Magistrates and Town Council of the Royal Burgh of Linlithgow, Scotland, under their Common Seal:

Guildry Council, Linlithgow:

Also, Upon reading the Petition of the Dean of Guild and Guildry Council of the Royal Burgh of Linlithgow, Scotland:

Kirkliton:

Also, Upon reading the Petition of the Inhabitants of Kirkliston and its Vicinity, in Scotland, whose Names are thereunto subscribed:

Incorporation of Tailors, Wester Portsburgh:

Also, Upon reading the Petition of the Incorporation of Tailors of Wester Portsburgh, Parish of St. Cuthbert's or West Kirk and County of Edinburgh, under their Common Seal:

Abingdon:

Also, Upon reading the Petition of the Inhabitants of the Town of Abingdon, in the County of Berks, whose Names are thereunto subscribed:

Burgesses, &c. of Stirling:

Also, Upon reading the Petition of the Burgesses and Inhabitants of the Royal Burgh of Stirling and its Vicinity, whose Names are thereunto subscribed:

Incorporated Trades of Stirling:

Also, Upon reading the Petition of the Convener and Seven Incorporated Trades of the Royal Burgh of Stirling:

Magistrates, &c. of Stirling:

Also, Upon reading the Petition of the Magistrates and Town Council of the Royal Burgh of Stirling, under their Common Seal:

Incorporation of Guildry of Stirling:

Also, Upon reading the Petition of the Incorporation of Guildry of Stirling:

Kinrossshire:

Also, Upon reading the Petition of the Heritors and others, Inhabitants of the County of Kinross, whose Names are thereunto subscribed:

Edinburgh:

And also, Upon reading the Petition of the Inhabitants of the City of Edinburgh and its Vicinity, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to amend the Representation of the People in England and Wales;" and severally praying their Lordships, "That the same may pass into a Law:"

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

Queensferry:

Upon reading the Petition of the Inhabitants and Burgesses of the Royal Burgh of Queensferry, in Scotland, and its Vicinity, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to concur with the Commons House of Parliament in passing the same, as by so doing the Petitioners feel assured that their Lordships will confer a Favor on the Country, give Stability to the Throne, and create for the Peerage additional Claims to the Confidence, Affection and Gratitude of the People:"

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

Ld. Mayor, &c. of London:

Upon reading the Petition of The Lord Mayor, Aldermen and Livery of the City of London, in Common Hall assembled, whose Names are thereunto subscribed:

Corporation of London.

And also, Upon reading the Petition of The Lord Mayor, Aldermen and Commons of the City of London, in Common Council assembled; taking notice of the last-mentioned Bill, and severally praying their Lordships, "That the same may meet with their Approval, and may be passed without Delay, as a Security against the Occurrence of tremendous Public Evils, and as the Means of attaining an invaluable National Good:"

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

Slavery, Petition of Planters in Antigua against Abolition of, without Compensation.

Upon reading the Petition of the several Planters whose Names are thereunto subscribed, now residing in Antigua, and being Owners of not less than One hundred Slaves each, employed in the Cultivation of their respective Freehold Estates; praying, "That their Lordships will be pleased to afford to the Petitioners the same Protection to their Property in this Island as their Lordships on all Occasions are wont to afford to every Individual in Great Britain, by not consenting to the Abolition of Slavery without due Compensation to the Owners of Slaves:"

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

Galway Elective Franchise, Petition from Barna for Extension of.

Upon reading the Petition of the Roman Catholic Freemen and Inhabitants of the Parish of Barna, Galway, whose Names are thereunto subscribed; praying, "That their Lordships will be graciously pleased to equalize Civil Rights in Galway, by extending to the Roman Catholic Mercantile and Trading Classes the Elective Franchise, in as full and ample a Manner as the same is now enjoyed by Protestants:"

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

Lunatic Commissions Bill presented.

The Lord Chancellor presented to the House a Bill, intituled, "An Act to diminish the Inconvenience and Expence of Commissions in the Nature of Writs De lunatico inquirendo; and to provide for the better Care and Treatment of Idiots, Lunatics and Persons of unsound Mind, found such by Inquisition."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

E. of Mansfield v. Scott.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Earl of Mansfield is Appellant, and Ralph Scott is Respondent, ex-parte, the Respondent not having put in his 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 Respondent puts in his Answer thereto in the mean time.

Belgian Army, Motion for Papers respecting, withdrawn.

The Order of the Day being read for the Lords to be summoned;

It was moved, "That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "Copies or Extracts of all Communications that have recently taken place between His Majesty's Government and the Governments of France and Belgium, relative to the Employment of French Officers for the avowed Purpose of disciplining, organizing and acting with the Belgian Army."

Which being objected to;

After Debate,

The said Motion was (by Leave of the House) withdrawn.

Game Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to amend the Laws in England relative to Game;" and for the Lords to be summoned;

The said Bill was accordingly read the Third Time.

Then the following Amendment was made to the said Bill:

Pr. 33. L. 24. After ("Place") insert the following Clause:

"And be it enacted, That where any Persons, to the Number of Five or more together, shall be found on any Land, or in any of His Majesty's Forests, Parks, Chases or Warrens, in the Day-time, in search or pursuit of Game or Woodcocks, Snipes, Quails, Landrails or Conies, any of such Persons being then and there armed with a Gun, and such Persons or any of them shall then and there, by Violence, Intimidation or Menace, prevent or endeavour to prevent any Person authorized as herein-before mentioned from approaching such Persons so found or any of them, for the Purpose of requiring them or any of them to quit the Land whereon they shall be so found, or to tell their or his Christian Name, Surname or Place of Abode respectively, as herein-before mentioned, every Person so offending by such Violence, Intimidation or Menace as aforesaid, and every Person then and there aiding or abetting such Offender, shall, upon being convicted thereof before Two Justices of the Peace, forfeit and pay for every such Offence such Penalty, not exceeding Five Pounds, as to the convicting Justices shall seem meet, together with the Costs of the Conviction, which said Penalty shall be in addition to and independent of any other Penalty to which any such Person may be liable for any other Offence against this Act."

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

A Message was sent to the House of Commons, by Sir Giffin Wilson and Mr. Roupell;

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

Decrees in Equity Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for the better Execution of Decrees and Orders made in the Courts of Chancery and Exchequer in England and Ireland respectively;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by the former Messengers;

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

Baking Trade (Ireland) Bill, Report from Select Comee

The Earl of Shaftesbury reported from the Lords Committees appointed a Select Committee to enquire into the Expediency or Inexpediency of the Regulations contained in the Bill, intituled, "An Act to regulate the Baking Trade in Ireland;" and to report to the House; That the Committee had met, and had examined Witnesses touching the Regulations contained in the said Bill; and it appears to the Committee, That it is expedient that the House should proceed in the Consideration of the Bill."

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

Bill read 2a, & committed:

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 To-morrow.

Petition of The Mayor, &c. of Waterford to extend the Bill to that City.

Upon reading the Petition of The Mayor, Sheriffs, Aldermen and Common Councilmen of the County of the City of Waterford, in Council assembled, under their Common Seal; taking notice of the last-mentioned Bill, and praying their Lordships "to cause the same to extend to the City of Waterford in as full Effect as if there had been no previous Provisions in the Local Act passed in the late Irish Parliament in the 23d and 24th Years of the Reign of His late Majesty George the Third, Chapter 52, for regulating the Baking and Sale of Bread in that City:"

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

Turnpike Roads (Scotland) Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for amending and making more effectual the Laws concerning Turnpike Roads in Scotland."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made several Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received To-morrow.

Galway Franchise Bill.

Ordered, That the Bill, intituled, "An Act to repeal so much of an Act passed in Ireland in the Fourth Year of King George the First, for the better regulating the Town of Galway, and for strengthening the Protestant Interest therein, as limits the Franchise created by the said Act to Protestants only," be read a Second Time To-morrow; and that the Lords be summoned.

Special Constables Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for amending the Laws relative to the Appointment of Special Constables, and for the better Preservation of the Peace."

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

Then several Amendments were made by the House to the said Bill.

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

Order for 3a.

Ordered, That the said Bill be read the Third Time To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum diem instantis Septembris, horâ decimâ Auroræ, Dominis sic decernentibus.