House of Lords Journal Volume 64: 18 July 1832

Die Mercurii, 18° Julii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Shaftesbury sat Speaker by virtue of a former Commission.

Martin's Estate Bill read 2 a & committed:

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling James Thomas Martin Esquire, and the Persons in Remainder under the Will of Mary Jackson deceased, to grant Leases of the Settled Estates, for the Purpose of building upon and otherwise improving the same."

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

Motion to dispense with Standing Order 94 on it.

The House was moved, "That the Standing Order, No. 94, directing that no Committee shall sit upon any Private Bill until Ten Days after the Second Reading thereof, may be so far dispensed with as relates to the last-mentioned Bill:"

Ordered, That the said Motion be taken into Consideration To-morrow; and that the Lords be summoned.

Remedies against the Hundred Bill.

It was moved, "That the Order made on Monday last, "That the Bill, intituled, "An Act to extend the Provisions of an Act of the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, relative to Remedies against the Hundred," be read the Third Time on Thursday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read the Third Time on Friday next.

Turner v. Ballandene:

Upon reading the Petition and Appeal of William Ainslie Turner Esquire, Accountant in Edinburgh, Trustee on the Sequestrated Estate of Crawford Tait Esquire, of Harviestown, Writer to the Signet, now deceased; complaining of Two Interlocutors of the Sheriff Depute and Substitute of the Shire of Perth, of Dates 10th December 1830 and 12th January 1831; also of an Interlocutor of the Lord Ordinary in Scotland, of Date 13th December 1831; and also of Two Interlocutors of the Lords of Session there, of the First Division, of the 3d (signed 6th) March 1832, and the 5th July 1832; and praying, "That the same may be reversed, varied or amended, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Mrs. Lillias Ballandene or M'Ilwhannel may be required to answer the said Appeal:"

It is Ordered, That the said Mrs. Lillias Ballandene or M'Ilwhannel may have a Copy of the said Appeal, and do put in her Answer thereunto, in Writing, on or before Wednesday the 15th Day of August next; and Service of this Order upon the said Respondent's known Counsel or Agents in the Court of Session shall be deemed good Service.

Mundell to enter into a Recogce on it.

The House being moved, "That Alexander Mundell of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for William Ainslie Turner Esquire, on account of his Appeal depending in this House, he residing in Scotland:"

The same was agreed to; and Ordered accordingly.

Robertson to enter into a Recogce on Ferrier's Appeal.

The House being Moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Charles Ferrier, on account of his Appeal depending in this House, he resident in Scotland:"

The same was agreed to; and Ordered accordingly.

Beveridge v. Freen et al.

Upon reading the Petition and Appeal of Alexander Beveridge Esquire, residing in Largs; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 8th of March 1831; also of an Interlocutor of the Lords of Session there, of the First Division, of the 20th of May 1831; also of another Interlocutor of the Lord Ordinary, of the 12th of May 1832; also of an Interlocutor of the said Court of Session, of the 28th June 1832; and also of another Interlocutor of the Lord Ordinary, of the 4th of July 1832; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Thomas Freen and David Smith his Mandatory, Sarah Hamer Scott or Clarkson and John Clarkson her Husband, may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Freen, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 15th Day of August next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Magistrates of Dingwall et al. v. Mackenzie & Munro.

Upon reading the Petition and Appeal of James Alexander Stewart Mackenzie of Seaforth, Member of Parliament, Provost; James Wishart and Alexander M'Gregor Esquires, Bailies; Colin Stewart, Dean of Guild; Donald Stewart, Treasurer; and William Mackenzie, Writer to the Signet; Forbes M'Kenzie of Fodderty, Hugh Ross, Charles Stewart, Colin Macdonald, Murdo Cameron, Alexander Fraser of Inchcoulter, Hugh Innes Cameron and Alexander Kelly, Councillors, all of the Royal Burgh of Dingwall, and as representing the Community thereof; and Mrs. Catherine Munro or Rose, now Ross, Spouse of Hugh Rose, now Ross, of Glastullich, and the said Hugh Rose, now Ross, for his Interest; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 11th of March 1828, in so far as it "in the mean time prohibits, interdicts and discharges the said Defenders (the Appellants) or any of them, their Tenants, Servants, Fishers or Dependants, from fishing or killing Salmon in any Part of the River Conon above the Line delineated on the Plan in Process as the March between Balblair and Breakenord;" also of an Interlocutor of the Lords of Session there, of the First Division, of the 31st of May 1828; also of another Interlocutor of the said Lord Ordinary, of the 12th of November 1828, in so far as "it in the mean time continues the Interdict;" also of Two Interlocutors of the said Lords of Session, of the First Division, of the 20th and signed the 22d of January, and the 10th February 1829; also of another Interlocutor of the said Lord Ordinary, of the 26th June 1829; and also of Six Interlocutors of the said Court of Session, of the 4th December 1829, the 17th June 1831, the 16th February 1832, the 6th July 1832, and Two of the 11th July 1832; and praying, "That the same may be reversed, varied or altered, so far as complained of, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that The Honorable Mrs. Maria Hay Mackenzie and Hugh Munro may be required to answer the said Appeal:"

It is Ordered, That the said Mrs. Maria Hay Mackenzie and Hugh Munro may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 15th Day of August next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

White's Estate Bill Specially reported.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Bill, intituled, "An Act for authorizing the Trustees of John White the elder, deceased, to complete on their Part an Exchange of certain Lands at Millbank, in the County of Middlesex; and for vesting the exchanged Lands and other Hereditaments in the Trustees of the Marriage Settlement of William Leaper Newton Esquire and Henrietta his Wife, with Power of Sale;" "That the Committee had met, and considered the said Bill, and examined the Allegations thereof, which were found to be true; and that all the Parties concerned in the Consequences of the Bill had appeared and consented thereto, except John Loudon, a Purser in His Majesty's Navy, (One of the Trustees under the Marriage Settlement of Robert and Elizabeth Playfair mentioned in the Bill,) who was proved to be serving on Board His Majesty's Ship of War the Talavera, now in the Baltic; and that the Committee had gone through the Bill, and directed him to report the same to their Lordships, with some Amendments."

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

Then the Amendments made by the Committee to the said Bill, being read Twice by the Clerk, were agreed to by the House.

Then the Amendments was made by the House to the said Bill.

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

Education (Ireland,) Petition from Archdeaconry of Bedford against proposed Plan.

Upon reading the Petition of the Archdeacon and Clergy of the Archdeaconry of Bedford, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to discountenance the Exclusion of the whole Volume of Scriptures from the Schools established in Ireland for the joint Education of Protestants and Roman Catholics:"

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

Valuation of Lands (Ireland) Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend Two Acts, of the Seventh Year of the Reign of His late Majesty King George the Fourth, and in the First and Second Years of the Reign of His present Majesty, for the uniform Valuation of Lands and Tenements in the several Baronies, Parishes and other Divisions of Counties in Ireland."

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.

Linen, &c. Manufactures (Ireland) Bill referred to a Select Com ee.

Ordered, That the Bill, intituled, "An Act for the better Regulation of the Linen and Hempen Manufactures of Ireland," be referred to a Select Committee, to enquire into the Expediency or Inexpediency of the Regulations therein contained, pursuant to the Standing Order No. 198; and to report to the House.

Ordered, That all the Lords present this Day be named of the said Committee:

Their Lordships, or any Five of them, to meet on Friday next, at Half past Three o'Clock in the Afternoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Petition of J. Allison to be set at liberty.

Upon reading the Petition of James Allison of the Port of Sunderland, Ship Builder; setting forth, "That the Petitioner was a Witness before a Committee of their Lordships Right Honorable House on the Sunderland Dock Bill, and, in a Moment of strong Excitement and extreme Irritation at what he considered an unjust and unwarrantable Attack upon his Character, was led to commit an Act which was a Breach of the Privileges of their Lordships Right Honorable House: That the Petitioner, at the Time, did not know that he was committing a Breach of the Privileges of their Lordships Right Honorable House, (for which he entertains the highest Veneration,) but is now duly impressed with the very serious Nature of the Offence of which he has been guilty, and for which he sincerely feels the greatest Sorrow and Contribution, and humbly craves their Lordships most gracious Pardon: That the Petitioner has apologised to Mr. Wright, and is ready to do so again;" and therefore most humbly praying their Lordships, "That his Punishment may be mitigated, and that he may be set at liberty:"

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

Corporate Funds Bill.

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

To return the Bill, intituled, "An Act to prevent the Application of Corporate Funds to the Purposes of Election of Members to serve in Parliament;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

London Police 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 Day and Night Police in the City of London;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

J. Allison reprimanded, & discharged on Payment of his Fees.

It was moved, "That James Allison, now in Custody of the Gentleman Usher of the Black Rod, be brought to the Bar of this House, and reprimanded by The Lord Chancellor, and discharged on Payment of his Fees."

The same was agreed to; and Ordered accordingly.

Then James Allison was brought to the Bar, and reprimanded by The Lord Chancellor as follows:

"James Allison, You have been committed to the Custody of the Gentleman Usher of the Black Rod, attending upon this House, for an Offence committed by you against the Privileges of this House of a most grave and serious Nature. You, being a Person interested in a Bill which was before a Committee of this House, while another Person was in Attendance in respect of his Professional Duty upon the same Committee, while you were all excluded from that Committee, and waiting in one of the Apartments of the House for its Decision, you thought fit to commit upon his Person a gross and unprovoked Assault; I say unprovoked, for no Professional Conduct of that Person, Mr. Wright, was any Justification whatever; and nothing appears amounting even to an Extenuation of the Assault which you committed upon his Person. You have yourself acknowledged at that Bar, that you committed the Assault with the Design of insulting him, which, so far from being an Alleviation, is a great Aggravation of your Offence; it might, peradventure, have led to much more serious Consequences than those which have resulted. You have expressed your Contrition for this Offence, and you have also stated to the House, in your Petition, that you have made an Apology to Mr. Wright, and that you are ready to do so again. There is great Propriety in having made that Apology; there is great Propriety in expressing that which I doubt not you feel, namely, your Readiness again to apologise. It is impossible that the Business of this House can be conducted; it is impossible that the Business of any Legislative Assembly can be conducted; it is impossible that the Business of any Court of Justice can be conducted with Safety to the Property, to the Lives and to the Reputation of the Parties appearing before those Bodies, if Professional Men who practise therein shall not have full Liberty of doing their Duty to their Clients with whose Interests they are intrusted. If in the Discharge of their Duty they overstep the Bounds of Propriety, it is for the Court before whom that Offence is committed to visit it as it deserves. It is unfit that Individuals should take the Law into their own Hands, and wreak their Vengeance on the Party, even if that Party has offended towards them.

"In Consideration of the Apology you state yourself to have made; in Consideration also of your most becoming Expression of Sorrow for having offended against the Privileges of this House; this House does order that you be now discharged from the Custody in which you are, on Payment of your Fees."

Then the said James Allison was taken from the Bar.

Order for Attendance of R. S. Thorpe discharged.

It was moved, "That the Order made Yesterday, "That Richard Swarley Thorpe do attend this House Tomorrow," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Prescription Bill.

The House proceeded to take into Consideration the Amendment made by the Commons to the Bill, intituled, "An Act for shortening the Time of Prescription in certain Cases."

And the said Amendment, being read Three Times by the Clerk, was agreed to by the House.

And, A Message was sent to the House of Commons, by Mr. Cross and Mr. Trower, to acquaint them therewith.

Dr. Lee's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Fee-Simple of Part of the Freehold Estates devised by the Will of William Lee Antonie Esquire, deceased, in strict Settlement, in his Nephew John Lee Esquire, Doctor of Laws, subject to a Term of Five hundred Years, as an Indemnification against a Sum of Ten thousand Pounds and Interest, and for substituting Part of the Fee-Simple Estates of the said John Lee in lieu thereof; and also for appointing new Trustees of the said Settled Estates."

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.

Lunatics Bill.

It was moved, "That the House do now resolve itself into a Committee upon the Bill, intituled, "An Act for regulating for Three Years the Care and Treatment of Insane Persons in England."

The Question was put thereupon?

It was resolved in the Affirmative.

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

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 Tomorrow.

Code Rural of Hayti, Address for.

Ordered, 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, "A Copy of the Code Rural of Hayti, (July 1826,) and Translation."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum nonum diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.