House of Lords Journal Volume 64: 25 May 1832

Die Veneris, 25° Maii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Clark v. Sim.

The Answer of James Sim, sometime in Whiteleys, now in Coupar Angus, to the Petition and Appeal of Charles Clark of Princelands, Writer in Coupar Angus, was this Day brought in.

Bp. Lincoln et al. v. Rennell, Judges Opinions delivered seriatim.

The Order of the Day being read for taking into further Consideration the Cause wherein George Lord Bishop of Lincoln, and others, are Plaintiffs, and Frances Henrietta Rennell Widow is Defendant; and for the Judges to attend to deliver their Opinion upon the Question of Law propounded to them on the 10th of July 1830;

The Lord Chancellor acquainted the House, "That the Judges differed in their Opinions upon the said Question."

Ordered, That the Judges present do deliver their Opinions upon the said Question, seriatim, with their Reasons.

Accordingly, Mr. Justice Bosanquet was heard upon the said Question, and delivered his Opinion thereupon in the Affirmative; and gave his Reasons.

Then Mr. Baron Bolland was heard upon the said Question, and delivered his Opinion thereupon in the Negative; and gave his Reasons.

Then Mr. Justice James Parke was heard upon the said Question, and delivered his Opinion thereupon in the Affirmative; and gave his Reasons.

Then Mr. Justice Gaselee was heard upon the said Question, and delivered his Opinion thereupon in the Affirmative; and gave his Reasons.

Then Mr. Justice Littledale was heard upon the said Question, and delivered his Opinion thereupon in the Affirmative; and gave his Reasons.

Then Mr. Justice Park was heard upon the said Question, and delivered his Opinion thereupon in the Negative; and gave his Reasons.

Then Mr. Baron Bayley was heard upon the said Question, and delivered his Opinion thereupon in the Affirmative; and gave his Reasons.

Then The Lord Chief Justice of the Court of Common Pleas was heard upon the said Question, and delivered his Opinion thereupon in the Affirmative; and gave his Reasons.

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

Doe v. Hicks, Judges, Opinion delivered:

The Order of the Day being read for taking into further Consideration the Cause wherein John Doe, on the several Demises of Francis Hearle and others, is Plaintiff, and Susanna Jemimah Hicks is Defendant; and for the Judges to attend to deliver their Opinion upon the Question of Law propounded to them on the 6th of July last;

Accordingly, The Lord Chief Justice of the Court of Common Pleas delivered the unanimous Opinion of the Judges present upon the said Question in the Negative.

Whereupon the following Order and Judgement was made:

Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Lords in Parliament assembled, a Record of the Chamber of Council nigh the Exchequer, called the Council Chamber, was brought into this House on the 12th Day of February 1828, wherein John Doe, on the several Demises of Francis Hearle and Anne Maria Hearle his Wife, and of the said Francis Hearle, is Plaintiff, and Susanna Jemimah Hicks is Defendant; and Counsel having been heard, on the 6th Day of July last, to argue the Errors assigned upon the said Writ of Error, and the unanimous Opinion of the Judges having been delivered this Day upon a Question of Law to them proposed; and due Consideration had of what was offered on either Side in this Cause:

Judgment Affirmed:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Judgment given in the said Chamber of Council nigh the Exchequer, called the Council Chamber, reversing a Judgment given in the Court of Exchequer, be, and the same is hereby Affirmed; and that the Record be remitted, to the end such Proceeding may be had thereupon as if no such Writ of Error had been brought into this House.

The Tenor of which Judgment, to be affixed to the Transcript of the Record, is as follows:

Tenor.

"On which Day, before the same Court of Parliament aforesaid, at Westminster aforesaid, come the Parties aforesaid, by their Attornies; Upon which all and singular the Premises having been seen, and by the said Court of Parliament here fully understood, and as well the Record and Process aforesaid, as the said Judgment thereon rendered, as the other Matters and Causes by the said John Doe above assigned for Error, being fully examined and seen, and mature Deliberation thereon had; It appears to the said Court of Parliament now here, that in the Judgment given by the Chamber of Council nigh the Exchequer, called the Council Chamber, for reversing a Judgment given in the Court of Exchequer there is not any Error, and that the aforesaid Record of reversing the said Judgment of the Court of Exchequer, is in no wise vitious or defective: Therefore it is considered by the Court of Our said Lord the King, before The King Himself in His said Parliament, that the said Judgment given by the said Chamber of Council nigh the Exchequer, called the Council Chamber, for reversing and annulling the said Judgment of the Court of Exchequer, be in all Things Affirmed, and remain in full Force and Effect, as if no such Writ of Error had been brought into this House, the Matters and Causes by the said John Doe above assigned for Error in anywise notwithstanding: And thereupon the Record and Process aforesaid from the Court of Parliament aforesaid are remitted, &c."

Giles v. Grover & Pollard, Judges Opinions in part delivered seriatim.

The Order of the Day being read for taking into further Consideration the Cause wherein Daniel Giles Esquire is Plaintiff, and Harry Grover and James Pollard are Defendants; and for the Judges to attend to deliver their Opinions upon the Questions of Law propounded to them on the 4th of July last;

The Lord Chancellor acquainted the House, "That the Judges differed in their Opinions upon the said Questions."

Ordered, That the Judges present do deliver their Opinions upon the said Questions, seriatim, with their Reasons.

Accordingly, Mr. Justice Patteson was heard upon the said Questions, and delivered his Opinion upon the First in the Affirmative, and upon the Second in the Negative; and gave his Reasons.

Then Mr. Justice Alderson was heard upon the said Questions, and delivered his Opinion upon the First in the Affirmative, and upon the Second in the Negative; and gave his Reasons.

Then Mr. Justice Taunton was heard upon the said Questions, and delivered his Opinion upon the First in the Affirmative, and upon the Second in the Negative; and gave his Reasons.

Ordered, That the further Consideration of the said Cause, and the Attendance of the rest of the Judges to deliver their Opinions upon the said Questions, be put off sine Die.

The House was adjourned during Pleasure.

The House was resumed.

Insolvent Debtors Act Continuance Bill.

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

With a Bill, intituled, "An Act to continue for Three Years, and to amend, the Laws for the Relief of Insolvent Debtors in England;" to which they desire the Concurrence of this House.

Metropolis Cemetery Bill.

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

With a Bill, intituled, "An Act for establishing a General Cemetery for the Interment of the Dead in the Neighbourhood of the Metropolis;" to which they desire the Concurrence of this House.

Perthshire, &c. Roads Bill.

A Message was brought from the House of Commons, by Sir George Murray and others;

With a Bill, intituled, "An Act for more effectually making, maintaining and repairing certain Roads, with the necessary Bridges thereon, in the Counties of Perth, Stirling and Forfar;" to which they desire the Concurrence of this House.

Hill & Moor Inclosure Bill.

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

With a Bill, intituled, "An Act for inclosing Lands within the Hamlet of Hill and Moor, in the Parish of Fladbury, in the County of Worcester;" to which they desire the Concurrence of this House.

Dudley & Brettell Lane Roads Bill.

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

With a Bill, intituled, "An Act for maintaining and improving certain Roads within the Counties of Worcester and Stafford called "The Dudley and Brettell Lane District of Roads;" and for making several Branches from such Roads;" to which they desire the Concurrence of this House.

Dudley & New Inn Roads Bill.

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

With a Bill, intituled, "An Act for improving certain Roads within the Counties of Worcester, Salop and Stafford, called "The Dudley and New Inn District of Roads;" to which they desire the Concurrence of this House.

The said Six Bills were, severally, read the First Time.

Clifton Inclosure Bill.

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

To return the Bill, intituled, "An Act for inclosing and exonerating from Tithes Lands in the Parish of Clifton, in the County of Bedford;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto.

St. Andrew Holborn, &c. Improvement Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Regulation and Improvement of the United Parishes of Saint Andrew Holborn above the Bars and Saint George the Martyr, in the County of Middlesex."

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

It was resolved in the Affirmative.

Harberrow, &c. Inclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for inclosing certain Commons or Tracts of Waste Lands called Harberrow and Blakedown Commons, in the Parish of Hagley, in the County of Worcester."

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

It was resolved in the Affirmative.

Shawbury Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for better maintaining certain Roads within the County of Salop called "The Shawbury District of Roads."

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 3 preceding Bills.

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

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Birkenhead Church Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Church of Saint Mary in the Chapelry of Birkenhead, in the County Palatine of Chester."

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 the former Messengers;

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.

Ballesley Inclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for inclosing Lands in the Township of Ballesley otherwise Bausley, within the Parish of Alberbury, in the County of Montgomery."

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

It was resolved in the Affirmative.

Message to H.C. with an Amendment to it.

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

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

Haddington Court House, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for erecting and maintaining within the Burgh of Haddington a new Court House, Record Rooms and other Offices for the County of Haddington."

Then the following Amendment was made to the said Bill:

Pr. 19. L. 30. After ("Burgh") insert ("and it shall be lawful for such Workmen, Tradesmen, Artificers or others to execute any Work hereby authorized to be done under the said Commissioners, without being subject or liable to the Payment of any Fees or Admission Money to the said Burgh or Incorporations or Craftsmen thereof")

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

It was resolved in the Affirmative.

Message to H.C. with an Amendment to it.

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

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

Navy Civil Departments Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendment made by the Committee of the Whole House to the Bill, intituled, "An Act to amend the Laws relating to the Business of the Civil Departments of the Navy, and to make other Regulations for more effectually carrying on the Duties of the said Departments."

The said Amendment was read by the Clerk as follows; (vizt.)

"Pr. 41. L. 24. Leave out from ("on") to ("and") in Line 26, and insert ("and from the Seventh Day after the passing of this Act")

And the said Amendment, being read a Second Time, was agreed to by the House.

Order for 3 a.

Ordered, That the said Bill be read the Third Time on Wednesday next; and that the Lords be summoned.

Sir R. Vaughan v. Lady C. Hamilton, et al. Appellant's Petition that Cause may stand over, referred to Appeal Com ee.

Upon reading the Petition of Sir Robert Williams Vaughan Baronet, Appellant in a Cause depending in this House, to which The Right Honorable Lady Charlotte Sophia Baillie Hamilton, and others, are Respondents; praying their Lordships, "That this Appeal may stand adjourned until The Master of the Rolls shall have heard the Petitioner's Petition, whereby he has prayed that the Master's Report, that it would be for the Benefit of all Persons interested under the Will of Lady Essex Ker, deceased, that the Compromise entered into with the Respondents should be completed, may be absolutely confirmed; and that if His Honor should confirm the Master's Report, and direct the said Compromise to be carried into Execution, that the Petitioner may be at liberty to withdraw his Petition of Appeal:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Tower Hamlets Small Debts Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend and render more effectual certain Acts of the Twentythird Year of the Reign of His Majesty King George the Second and the Nineteenth Year of His Majesty King George the Third, for the more speedy Recovery of Small Debts within the Tower Hamlets," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Doncaster & Selby Road Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Turnpike Road from the Town of Doncaster to the Town and Port of Selby, in the West Riding of the County of York," was committed.

Stevenage Road Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing, maintaining and improving the Road from Stevenage, in the County of Hertford, to Biggleswade, in the County of Bedford, and a Branch therefrom to Arlsey, in the said County of Bedford," was committed.

Ruskington &c. Drainage Bill.

The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing, draining and embanking Lands within the Parishes of Ruskington and Dorrington, and the Township or Hamlet of North Kyme, in the Parish of South Kyme, all in the County of Lincoln," was committed.

Bp. Durham's Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for separating the Rectory of Easington, in the County and Diocese of Durham, from the Archdeaconry of Durham, and annexing in lieu thereof a Prebend or Canonry founded in the Cathedral Church of Durham," 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 One Amendment thereto." Which Amendment, being read Twice by the Clerk, was agreed to by the House.

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

Pusey's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Settled Estates of Philip Pusey Esquire, in the Counties of Kent and Berks, in Trustees, for Sale, and for laying out the Money thence arising in the Purchase of other Estates, to be settled to the same Uses," 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.

9th 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 Parties Cases, now depending in this House upon Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House; and of other Matters relating thereto; and to report to the House; and to whom were referred certain Petitions in the following Causes; Sir William Francis Eliott Baronet against The Earl of Minto; Gibson against Maitland; Luke against Hunter; and The King against Trafford; "That the Committee had met, and considered the Respondents Petitions in the Causes Sir William Francis Eliott Baronet and others against The Earl of Minto, and Gibson and another against Maitland and others, severally praying their Lordships that their Cases may be now received; and had heard the Petitioners Agents thereon, and the Committee are of Opinion, That the Petitioners may respectively be allowed now to deliver in their printed Cases: That the Committee had also considered the Appellants Petition in the Cause Luke and others against The Reverend John Hunter and others, praying their Lordships for an Extension of Time of One Month for laying the Prints of their Case upon their Lordships Table; and had heard the Petitioners Agent thereon, and the Committee are of Opinion, That the Petitioners may be allowed a Month's further Time to deliver in their printed Cases: And that the Committee had also considered the Plaintiff's Petition in the Writ of Error The King against Trafford and others, praying their Lordships that they may be at liberty now to assign Errors; and had heard the Plaintiff's Agent thereon, who stated that the Defendants Agent does not object to this Petition; and the Committee are of Opinion, under the Circumstances of the Case, That the Petitioner may be allowed now to assign Errors, as desired."

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

Wilson's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing and carrying into Effect an Agreement for a Partition between William Henry Bowen Jordan Wilson Esquire and Edmund Meysey Wigley Greswolde Esquire, of Estates in the County of Warwick."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

Their Lordships, or any Five of them, to meet on the 6th of June next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Com ee on West India Colonies, Capt. Alexander to attend:

Ordered, That Captain Alexander do attend this House on Wednesday next, to be sworn, in order to his being examined as a Witness before the Select Committee on the State of the West India Colonies.

West India Colonies, Petition from St. Lucia respecting, referred to above Com ee.

Upon reading the Petition of the Proprietors, Merchants and other Inhabitants of the Island of Saint Lucia, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to institute an Inquiry into the probable Effects that will be produced by the Order in Council, dated 2d November last, for the Amelioration of the Condition of the Slave Population, in order to give the Petitioners an Opportunity of establishing the Truth of their Allegations against such Order; and that thereupon their Lordships will be pleased to recommend to His Majesty altogether to repeal the said Order in Council, or to make such Modifications and Alterations therein as are prayed for by the Petitioners; and to enable His Majesty at the same Time to make such fair Compensation to the Petitioners for the Losses they may sustain by the Enforcement of the said Order in Council, even when so modified, as may seem just and reasonable; or that their Lordships will be pleased to recommend His Majesty to accept the Offer of the Petitioners for the giving up their Property at its appraised Value, and to enable His Majesty to make Provision for the Payment thereof; or, finally, if neither of these Alternatives are permitted, then that their Lordships will recommend to His Majesty to dissolve the Connexion by which the Island of Saint Lucia is united to the British Empire:"

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

Ordered, That the said Petition be referred to the last-mentioned Committee.

Dame H. Gibson & Sir A. Gibson v. Maitland et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Dame Helen Maitland Gibson and Sir Alexander Charles Maitland Gibson Baronet are Appellants, and Alexander Charles Maitland, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Reform (England) Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act to amend the Representation of the People in England and Wales;" and for the Lords to be summoned;

The House was accordingly adjourned during Pleasure, and again put into a Committee upon the said Bill.

After some Time, the House was resumed.

Ordered, That the House be again put into a Committee upon the said Bill on Wednesday next; and that the Lords be summoned.

Lanfabon, &c. Roads Bill Specially reported.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Bill, intituled, "An Act for more effectually repairing and maintaining the Road from Lanfabon to Pontymoil, and others Roads and Bridges therein mentioned, in the Counties of Glamorgan and Monmouth;" "That the Committee had met, and considered the said Bill, and, in the first place, proceeded to enquire how far the Standing Orders of the House relative to Road Bills had been complied with, and found that no Notice of the Bill had been given in the County Newspapers in the Months of August, September, October or November last, (the Period prescribed by the Standing Order of the House,) as it was stated to the Committee by the Agent for the Bill, that in consequence of the Proceedings on this Measure not having been further carried on in the House of Commons in the last Session of Parliament, and of an Act having been passed in that Session for continuing all Acts of this Description until the 30th of June 1832, it was conceived that no Notice of the present Bill would be required to be given, and that the Standing Order respecting Notice in such a Case as the present would be dispensed with or not required to be acted upon; that large Sums of Money have been expended in forming and improving the Road, on the Faith of the present Act being renewed before it expired; and that nearly the whole of the Dividends have from Time to Time been laid out in altering and improving the Road, which is now in an unfinished State, and the Completion of which will be of great Benefit and Advantage; but that it was proved to the Committee that Notice of the Bill was inserted Three Times, vizt. on the 11th, 18th and 25th of February last, in the Papers, intituled, The Cambrian Newspaper and Monmouthshire Merlin, pursuant to Leave granted by the House of Commons; and that the Committee had gone through the Bill, and directed him to report the same to their Lordships, without any Amendment."

Which Report being read by the Clerk;

Ordered, That the said Report do lie on the Table.

Phipps v. Ackers.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Sophia Phipps is Appellant, and George Holland Ackers is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.