Die Jovis, 20° Octobris 1831.
REX.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
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|
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Dux Sussex. |
Ds. Brougham
& Vaux,
Cancellarius. |
Epus. Cicestrien.
-
Ds. Saye & Sele.
Ds. Teynham.
Ds. Stafford.
Ds. Byron.
Ds. Napier.
Ds. Belhaven & Stenton.
Ds. Boyle.
Ds. Ducie.
Ds. Sundridge & Hamilton.
Ds. Foley.
Ds. Fisherwick.
Ds. Auckland.
Ds. Yarborough.
Ds. Lilford.
Ds. Dunalley.
Ds. Somerhill.
Ds. Seaford.
Ds. Clanwilliam.
Ds. Skelmersdale.
Ds. Kilmarnock.
Ds. Fingall.
Ds. Sefton.
Ds. Clements.
Ds. Dover.
Ds. Kenlis.
Ds. Howden.
Ds. Dinorben. |
March. Lansdowne, Præses.
Dux Richmond.
Dux St. Albans.
March. Winchester.
March. Cholmondeley.
March. Cleveland.
March. Westminster.
Comes Carlisle.
Comes Shaftesbury.
Comes Albemarle.
Comes Pomfret.
Comes Ilchester.
Comes Gosford.
Comes Grey.
Comes Harrowby.
Comes Mulgrave.
Comes Falmouth.
Vicecom. Falkland.
Vicecom. Hood.
Vicecom. Goderich.
Ds. Wellesley, Senescallus.
Ds. Melbourne, Unus Primariorum Secretariorum. |
PRAYERS.
Vestries Bill.
A Message was brought from the House of Commons,
by Mr. Bernal and others;
To return the Bill, intituled, "An Act for the better
Regulation of Vestries; and for the Appointment
of Auditors of Accounts, in certain Parishes of England and Wales;" and to acquaint this House, That
they have agreed to their Lordships Amendments made
thereto.
Hicks & Williams v. Morant:
The House proceeded to take into further Consideration
the Cause wherein Robert Hicks and Richard Williams
are Appellants, and John Morant Esquire is Respondent:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, as well on Friday the 30th Day
of September as on Saturday the 1st Day of this instant
October, upon the Petition and Appeal of Robert Hicks of
Afton, in the Isle of Wight, in the County of Southampton,
Gentleman, and Richard Williams of Martin, in the
County of Wilts, Gentleman; complaining of a Decree of
the Court of Exchequer Chamber, of the 12th of June 1829;
and praying, "That the same might be reversed, 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 John Morant Esquire put in to the said Appeal; and
due Consideration had this Day 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.
Graham v. Shand et al:
The House proceeded to take into further Consideration
the Cause wherein Barron Graham Esquire is Appellant,
and William Shand Esquire, and others, are Respondents:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel for the Appellant, on Thursday
the 6th Day of this instant October, upon the Petition and
Appeal of Barron Graham Esquire, presently residing at
Ravelrig, in the County of Edinburgh, in Scotland; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 12th of June 1829; and also of Three Interlocutors of the Lords of Session there, of the First Division,
of the 11th (signed the 12th), and Two of the 18th
of December 1829; and praying, "That the same might
be reversed, varied or altered, 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 Answer of William Shand
Esquire, formerly of Spanish Town, in the Island of Jamaica,
now of Balmakewan, and of Sir Alexander Ramsay of
Balmain, Baronet, and Captain Thomas Ramsay, residing
at Balbegno Castle, in the County of Kincardine, and of
Claud Russel and Thomas Mansfield Esquires, Accountants
in Edinburgh, Trustees for the said Sir Alexander Ramsay,
put in to the said Appeal; and Counsel appearing for
the Respondents in the said Appeal; the Counsel were
directed to withdraw; and due Consideration had this
Day of what was offered for the Appellant 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 Interlocutors therein complained of,
be, and the same are hereby Affirmed: And it is further
Ordered, That the Appellant do pay or cause to be paid
to the said Respondents the Sum of Two hundred and
sixty-four Pounds Five Shillings, for their Costs in respect
of the said Appeal.
Inglis et al. v. Harper:
The House proceeded to take into further Consideration
the Cause wherein William Inglis, and others, are Appellants, and James Harper Esquire is Respondent:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, on Wednesday the 27th Day of
July last, upon the Petition and Appeal of William Inglis,
Writer to the Signet, and William Paul, Accountant in
Edinburgh, Trustee upon his Sequestrated Estate; and
of Miss Ann Buchan, residing in London; complaining of
an Interlocutor of the Lord Ordinary in Scotland, of the
29th of May 1827; and also of an Interlocutor of the
Lords of Session there, of the Second Division, of the
27th of May 1828 (except in so far as it conjoins the Two
Actions, and finds no Expences due to the Respondents;)
and praying, "That the same might be reversed, varied
or amended, so far as complained of, 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 James Harper Esquire, of Morningfield, near Aberdeen, Executor nominate of the deceased Mrs. Margaret
Matheson of Gayfield Square, Edinburgh, put in to
the said Appeal; and due Consideration had this Day
of what was offered on either Side in this Cause:
Interlocutors Reversed, & Cause remitted, with Directions.
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 Cause be remitted back to the Court of Session
in Scotland, with Directions to submit to a Jury to consider whether the Letter bearing Date "Edinburgh,
15th Day of May 1826," and purporting to be a Letter
from Margaret Matheson to James Harper Esquire, and
by which the said James Harper is directed to pay
William Inglis Esquire, W. S. or his Heirs, One thousand
Pounds Sterling, was signed by Margaret Matheson on
that Day, and is the Letter referred to by the Will of
Margaret Matheson.
Appeal Cases, Motion for Standing Order respecting.
It was moved, "That the following be added to the
Roll of Standing Orders:
"Whereas it is expedient to alter, in some Respects,
the Mode of preparing Cases to be delivered
to this House upon Appeals from Scotland:
"It is this Day Ordered, That in all Appeals from
Scotland in which Cases have not already been
lodged, the Cases of the Appellants shall be
prepared, as nearly as Circumstances will permit, according to the Form herein-after prescribed; (that is to say,) it shall contain -
"1st. A Copy of the Record, and of all the
Interlocutors pronounced upon the
Merits:
"2d. It should then proceed thus: "The
Appellant is advised by his Counsel to
appeal against the said Interlocutors,
&c. (describe them); and he prays that
the same may be reversed, varied or
altered, for the following amongst other
Reasons:
"3d. It should then state the "Reasons;"
taking Care not to mix up with the
Argument any Statement of the Facts,
the whole of which ought to be shewn
distinctly in the Condescendences and
Answers, or mutual Condescendences,
and in the Evidence if there has been a
Probation:
"4th. In Cases where there has been any Proof
brought forward either by Writings produced and admitted by the Parties, or by
Examination of Witnesses, the Evidence
should be set forth in an Appendix, to
be headed thus-
"Proof adduced on the Part of the
Pursuer, and admitted by me,
"(Signed) By the Lord Ordinary."
or if any particular Kind of Evidence
has been tendered but rejected as inadmissible by the Lord Ordinary, if this is
insisted on as a Ground of Appeal, the
Tender of this Evidence and its Rejection is to be distinctly stated, and this
Statement authenticated in like Manner
by the Signature of the Lord Ordinary;
but Care is to be taken to exclude from
this Appendix and from the Case every
Document or Writing which, although
recovered upon the Diligence against
Havers, shall not be either admitted by
the Lord Ordinary, or shall have been
distinctly tendered and rejected:
"And the Case of the Respondents shall not contain
any Copy of the Record nor any general Statement, but shall commence by stating the Interlocutors appealed from, and then proceed to
state the Reasons upon which they hope that
such Interlocutors may be affirmed; and shall
set forth, in an Appendix, the Evidence, if any,
which was given or tendered in the Court below,
authenticated in like Manner as is herein-before
ordered with respect to the Appellants Cases:
"And it is further Ordered, That both Appellants and
Respondents, in stating the "Reasons" in their
printed Cases, omit all general Narrative or
Statement of the Case, and do introduce the
Statement of such Facts only as, having been
admitted or proved, are necessary to found the
Reasons and Arguments in Law which they
wish to lay before this House:
"And it is further Ordered, That One Copy of the
printed Case of the Appellant and Respondent
shall be signed in Writing by Two Counsel, and
no Case shall be received or laid upon the Table
of this House unless One Copy thereof shall be
so signed."
Ordered, That the further Consideration of the said
Motion be put off to the next Session of Parliament.
The King present:
His Majesty being seated on the Throne, adorned with
His Crown and Regal Ornaments, and attended by His
Officers of State, (the Lords being in their Robes,) commanded the Gentleman Usher of the Black Rod, through
the Deputy Lord Great Chamberlain, to let the Commons
know, "It is His Majesty's Pleasure that they attend
Him immediately in this House."
Who being come, with their Speaker;
He, after a Speech to His Majesty, delivered the Money
Bill to the Clerk, who brought it to the Table, where
the additional Clerk Assistant read the Titles of that
and the other Bills to be passed, severally, as follow;
(viz
t.)
Bills passed:
1. "An Act to apply the Sum of One million eight
hundred thousand Pounds out of the Consolidated
Fund to the Service of the Year One thousand eight
hundred and thirty-one; and to appropriate the
Supplies granted in this Session of Parliament."
To this Bill the Royal Assent was pronounced, by the
Clerk Assistant, in these Words; (viz
t.)
"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."
2. "An Act to regulate the Payment of the Duties
on Hops."
3. "An Act to consolidate and amend the Laws for
suppressing the illicit making of Malt and Distillation
of Spirits in Ireland."
4. "An Act to amend an Act of the Seventh Year of
the Reign of His late Majesty King George the Fourth,
for making Provision for the uniform Valuation of
Lands and Tenements in the several Baronies, Parishes
and other Divisions of Counties in Ireland, for the
Purpose of the more equally levying of the Rates and
Charges upon the same."
5. "An Act to repeal an Act passed in the Fiftysecond Year of the Reign of His Majesty King George
the Third, to provide for the more speedy Examination,
controuling and finally auditing the Military Accounts
of Ireland."
6. "An Act to empower Landed Proprietors in
Ireland to sink, embank and remove Obstructions in
Rivers."
7. "An Act to establish a Court in Bankruptcy."
8. "An Act to enable Courts of Law to give Relief
against adverse Claims made upon Persons having no
Interest in the Subject of such Claims."
9. "An Act for the better Regulation of Vestries; and
for the Appointment of Auditors of Accounts, in certain
Parishes of England and Wales."
10. "An Act to enable Churchwardens and Overseers
to inclose Land belonging to the Crown, for the
Benefit of poor Persons residing in the Parish in which
such Crown Land is situated."
To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (viz
t.)
"Le Roy le veult."
Then His Majesty was pleased to speak as follows;
(viz
t.)
His Majesty's Speech:
"My Lords, and Gentlemen,
"I am at length enabled to put an End to a Session
of unexampled Duration and Labour, in which Matters
of the deepest Interest have been brought under your
Consideration.
"I have felt sincere Satisfaction in confirming, by my
Royal Assent, Bills for the Amendment of the Game
Laws, and for the Reduction of Taxes which pressed
heavily on the Industry of My People; and I have
observed with no less Pleasure the Commencement of
important Improvements in the Law of Bankruptcy,
from which the most beneficial Effects may be expected.
"I continue to receive the most gratifying Proofs of
the friendly Disposition of Foreign Powers.
"The Conference assembled in London has at length
terminated its difficult and laborious Discussions, by an
Arrangement unanimously agreed upon by the Plenipotentiaries of the Five Powers for the Separation of
the States of Holland and Belgium, on Terms by which
the Interests of both, together with the future Security
of other Countries, have been carefully provided for.
"A Treaty founded on this Arrangement has been
presented to the Dutch and Belgian Plenipotentiaries,
and I trust that its Acceptance by their respective
Courts, which I anxiously expect, will avert the Dangers
by which the Peace of Europe was threatened whilst
this Question remained unsettled.
"Gentlemen of the House of Commons,
"I thank you for the Provision made for the future
Dignity and Comfort of My Royal Consort in the
Event of Her surviving Me; and for the Supplies
which you have granted for the Service of the present
Year. You may be assured of My anxious Care to
have them administered with the strictest Attention to
a well-considered Economy.
"The State of Europe has made it necessary to incur,
in the various Establishments of the Public Service, an
encreased Expenditure, which it will be My earnest
Desire to reduce, whenever it can be done with Safety
to the Interests of the Country. In the meantime I
have the Satisfaction of reflecting that these Demands
have been provided for without any material Addition
to the Public Burthens.
"My Lords, and Gentlemen,
"In the Interval of Repose which may now be afforded
you, I am sure it is unnecessary for Me to recommend
to you the most careful Attention to the Preservation of
Tranquillity in your respective Counties. The Anxiety
which has been so generally manifested by My People
for the Accomplishment of a Constitutional Reform in
the Commons House of Parliament, will, I trust, be
regulated by a due Sense of the Necessity of Order and
Moderation in their Proceedings.
"To the Consideration of this important Question the
Attention of Parliament must necessarily again be called
at the Opening of the ensuing Session; and you may
be assured of My unaltered Desire to promote its
Settlement, by such Improvements in the Representation, as may be found necessary for securing to My
People the full Enjoyment of their Rights, which, in connection with those of the other Orders of the State, are
essential to the Support of our free Constitution."
Then The Lord Chancellor, having received Directions
from His Majesty, said,
Parliament Prorogued.
"My Lords, and Gentlemen,
"It is His Majesty's Royal Will and Pleasure, That
this Parliament be prorogued to Tuesday the Twentysecond Day of November next, to be then here holden;
and this Parliament is accordingly prorogued to Tuesday
the Twenty-second Day of November next."