House of Lords Journal Volume 64: 13 August 1832

Journal of the House of Lords: Volume 64, 1831-1832. Originally published by His Majesty's Stationery Office, London, [n.d.].

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'House of Lords Journal Volume 64: 13 August 1832', in Journal of the House of Lords: Volume 64, 1831-1832, (London, [n.d.]) pp. 452-455. British History Online https://www.british-history.ac.uk/lords-jrnl/vol64/pp452-455 [accessed 19 March 2024]

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In this section

Die Lunæ, 13° Augusti 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Sussex.
Ds. Brougham & Vaux, Cancellarius.
Epus. Londinen.
Epus. Roffen.
Epus. Hereford.
-
Ds. Howard of Effingham.
Ds. Teynham.
Ds. Colville of Culross.
Ds. Holland.
Ds. Ducie.
Ds. Auckland.
Ds. Redesdale.
Ds. Stuart de Rothesay.
Ds. Wynford.
Ds. Clements.
Ds. Chaworth.
Ds. Dinorben.
March. Lansdowne, Præses.
Dux Wellington.
March. Westmeath.
March. Bristol.
Comes Shaftesbury.
Comes Rosslyn.
Comes Gosford.
Comes Grey.
Comes Minto.
Comes Beauchamp.
Comes Eldon.
Vicecom. St. Vincent.
Vicecom. Goderich.
Ds. Wellesley, Senescallus.
Ds. Melbourne, Unus Primariorum Secretariorum.

PRAYERS.

Ld. Macdonald v. A. Macdonald et al.

The Answer of The Honorable Archibald Macdonald and Sir John Sinclair of Ulbster, Baronet, and Vans Hathorn, Writer to the Signet, as surviving Trustees appointed in the Marriage Settlement of the said Archibald Macdonald, and of the said Vans Hathorn as Mandatory for the said Archibald Macdonald, to the Petition and Appeal of The Right Honorable Godfrey Lord Macdonald, was this Day brought in.

Same v. Same.

As was also, The Answer of The Honorable Archibald Macdonald, The Honorable Dudley Stewart Erskine Macdonald, The Honorable Dame Diana Mac Donald, Spouse of The Right Honorable Sir John Sinclair of Ulbster, Baronet, with the special Advice and Consent of the said Sir John Sinclair her Husband, and of him for his Interest, and Vans Hathorn, Writer to the Signet, as Mandatory for the said Archibald Macdonald and Dudley Stewart Erskine Macdonald, to the Petition and Appeal of The Right Honorable Godfrey Lord Macdonald.

Ld. Macdonald v. D. Macdonald & Hathorn.

And also, The Answer of The Honorable Dudley Stewart Erskine Mac Donald, and Vans Hathorn, Writer to the Signet, his Mandatory, to the Petition and Appeal of The Right Honorable Godfrey Lord Macdonald.

Luke et al. v. Hunter et al.

After hearing Counsel fully in the Cause wherein Adam Luke, and others, are Appellants, and The Reverend John Hunter, and others, are Respondents:

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

Crowder v. Watson et al.

Counsel (according to Order) were called in to be heard in the Cause wherein Mrs. Elizabeth Rebecca Crowder or Turnley is Appellant, and James Watson, and others, are Respondents:

And Counsel having been allowed to state why the Interim Factor on the Respondents Estate did not appear as Respondent to this Appeal;

And the Appellant's Counsel being fully heard;

The Counsel were directed to withdraw.

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

Hunter v. Lawrence et al. Appellant's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of John Hunter, Appellant in a Cause depending in this House, to which Mrs. Isobel Lawrence, and others, are Respondents; praying, "That their Lordships will be pleased to enlarge the Time for lodging the Prints of his Appeal Case for Six Weeks:"

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

Ferrier v. The Trustees of Wood, et al. Appellant's Petition for Time for Cases in his 3 Appeals, referred to Appeal Com ee.

Upon reading the Petition of Charles Ferrier, Appellant in a Cause depending in this House, to which the Trustees of Peter Wood, and Mrs. Rachael Thomson M'Kerras otherwise Veitch, are Respondents; and also Appellant in Two other Causes depending in this House, to which the Trustees of Peter Wood, and others, are Respondents; praying, "That their Lordships will be pleased to enlarge the Time for lodging his printed Cases in the said Three Causes for Six Weeks from the 28th Day of September next, being the Time limited for lodging his Case in his Appeal presented to the House on the 3d Instant:"

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

Ewing v. Wallace:

The House proceeded to take into further Consideration the Cause wherein William Ewing is Appellant, and William Wallace is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

Whereas Friday the 1st Day of June last was appointed for hearing the Cause ex-parte upon the Petition and Appeal of William Ewing, residing at Melville Street, Edinburgh; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 3d Day of April 1829; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 3d and signed the 5th Day of February 1831; 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;" to which Appeal William Wallace, Writer to the Signet, had not put in his Answer, though peremptorily ordered so to do; Counsel were accordingly called in, and heard to state and argue the Case on behalf of the Appellant; and having prayed a Reversal of the Interlocutors complained of, the Counsel were directed to withdraw; and due Consideration had this Day of what was offered for the Appellant 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 said Interlocutors therein complained of, be, and the same are hereby Affirmed.

A. & J. Dixon v. Dixon et al:

The House proceeded to take into further Consideration the Cause wherein Anthony Dixon Esquire and Joseph Dixon Esquire are Appellants, and William Dixon, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Monday the 9th as on Wednesday the 11th and Monday the 23d Days of July last, upon the amended Petition and Appeal of Anthony Dixon Esquire, Merchant in Dumbarton, and Joseph Dixon Esquire, Advocate, Member of Parliament for the Dumbarton District of Burghs, Trustees nominated and appointed by the Settlement of the late Jacob Dixon senior, Esquire, of the Dumbarton Glass Works, their Father; complaining of Two Interlocutors of the Lords of Session in Scotland, of the First Division, of the 24th of December 1831 and 20th of January 1832; as also upon the Answer of William Dixon, residing at Leven Grove; Mrs. Jane Isabella Dixon or Campbell, Wife of Humphry Walter Campbell, Sheriff Substitute of Dumbartonshire; Mrs. Mary Dixon or Buchanan, Wife of Robert Buchanan, Surgeon in Dumbarton; Mrs. Ann Margaret Dixon or Napier, Wife of David Napier Merchant, late of Singapore, presently residing at Breandam, in the County of Perth, and Miss Elizabeth Frances Dixon, residing at Levengrove, all Children of the deceased John Dixon of Levengrove, and Personal Representatives of their deceased Brother John Dixon junior, late of Levengrove, who was the Executor Nominate of his Father John Dixon senior, both of whom were Partners of the Dumbarton Glasswork Company, with Concurrence of the said Humphry Walter Campbell, Robert Buchanan and David Napier, and of them for their Interest, put in to the said Appeal; and due Consideration had this Day 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 said Interlocutors therein complained of, be, and the same are hereby Affirmed.

Morris v. Davies et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Evan Williams Morris otherwise Evan Williams is Appellant, and Edward Davies, 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.

Tithes Composition (Ireland) Bill, Petition of Sir W. Brabazon against.

Upon reading the Petition of Sir William Brabazon of Brabazon Park, in the County of Mayo, Baronet; taking notice of a Bill depending in this House, intituled, "An Act to amend Three Acts passed respectively in the Fourth, Fifth and in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland; and to make such Compositions permanent;" and praying their Lordships, "That the said Bill, founded on gross Misconception, may be rejected by this House:"

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

Report of Comrs for Emigration, &c. delivered.

The Viscount Goderich laid before the House, pursuant to an Address to His Majesty of Thursday last,

"The Report of the Commissioners for Emigration to Viscount Goderich, dated 15th March 1832; with Twelve Inclosures:"

And also, "Copy of a Dispatch from Viscount Goderich to the Commissioners for Emigration, in reply to the above; dated 4th August 1832."

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Papers be printed.

Criminal Laws, Petitions for Alteration of: (Cavan:)

Upon reading the Petition of the Residents of the Town of Cavan and the Neighbourhood, whose Names are thereunto subscribed:

Ramelton:

And also, Upon reading the Petition of the Residents of Ramelton, County Donegal, and the Neighbourhood, whose Names are thereunto subscribed; severally praying their Lordships, "as well upon the Ground of Policy as of Adherence to every sacred Principle, that the Penalty of Death for Forgery may be abolished in all Parts of the United Kingdom, and that a Secondary Punishment may be substituted, suitable to the benign Spirit of the Christian Revelation:"

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

Leighlin Bridge.

Upon reading the Petition of the Inhabitants of Leighlin Bridge and its Vicinity, Ireland, whose Names are thereunto subscribed; praying their Lordships "to substitute a Law, which, when uniformly enforced, will much more effectually suppress the Crime of Forgery than the present sanguinary Enactments, commending itself at the same Time to the conscientious Feelings of the Community:"

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

Education, (Ireland,) Papers respecting, delivered.

The Lord Melbourne laid before the House, pursuant to Orders of the 25th of June last,

"Copies of the Title Pages of the Books called by the Board of Education in Ireland "The Standards of the Roman Catholic Church," and a Statement of the Authority on which they are so called by the Board, particularly whether that Authority be the Roman Catholic Members of the Board or any other:"

Also, "Statement of the "Alterations required by the Board" in any "School Books issued by the Roman Catholic Society which have received the Sanction of the Board," and of the Measures taken to ensure that these Alteration be made before such Books be used in any of the Schools in behalf of which Applications for the Aid of the Board have been complied with:"

Also, "Statement of the Nature and Extent of the Aid required in each of the several Applications complied with by the Board of Education in Ireland; and a Statement of the Precautions taken by the Board to secure the Expenditure of the Grants for the Purposes to which they were made:"

Also, "The Names and Religious Professions of the Master, Assistant Masters and Mistresses of the several Schools which have received such Aid:"

Also, "The Name or Names, Address and Religious Profession of the Individual or Individuals under whose Direction the several Schools which have received such Aid are respectively placed:"

Also, "In all Cases of Applications which have been complied with, of the First Class, ("signed by Clergy of both Persuations,") the Names of the said Clergy, the Religious Denomination of each of the Protestant Clergy, and their Connection with the Parish in which the Schools for which they apply are situated: In all Cases of the Second, Class ("signed by the Clergy of one Persuasion and Laity of another,") the Name and Religious Profession of the Clergymen so signing, and their Connection with the Parishes for which they apply, and the Number of the Lay Applicants: In all Cases of the Third Class, ("signed by Laity of both Persuasions,") the Number of the Applicants, Protestant and Roman Catholic, and the several Religious Denominations, if known, of the Protestants:"

Also, "In all Cases of Applications for existing Schools which have been complied with, the Numbers, severally, of Protestant and Roman Catholic Children in Attendance:"

And also, "The Names, Religious Professions and Amount of Salary of the Inspectors appointed by the Board, and the Instructions given to them."

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Papers be printed.

23d & 24th Reports on Charities delivered.

The Lord Melbourne laid before the House, pursuant to an Address to His Majesty of Tuesday last,

"The Twenty-third and Twenty-fourth Reports of the Commissioners appointed to enquire concerning Charities in England and Wales."

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Reports be printed.

Bankrupt Laws Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to amend the Laws relating to Bankrupts."

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

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was ordered to be sent to the House of Commons, by Mr. Trower and Mr. Roupell;

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

Tithes Composition (Ireland) Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to amend Three Acts passed respectively in the Fourth, Fifth, and in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland; and to make such Compositions permanent;" and for the Lords to be summoned;

The said Bill was accordingly read the Third Time.

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 ordered to be 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 some Amendments, to which their Lordships desire their Concurrence.

Roman Catholics Bequests Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better securing the Charitable Donations and Bequests of His Majesty's Subjects in Great Britain professing the Roman Catholic Religion."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Order for 3 a.

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

Consolidated Fund Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to apply a Sum out of the Consolidated Fund and the Surplus of Ways and Means to the Service of the Year One thousand eight hundred and thirty-two; and to appropriate the Supplies granted in this Session of Parliament."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Order for 3 a.

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

Assessed Taxes Composition Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue, until the Fifth Day of April One thousand eight hundred and thirty-four, Compositions for the Assessed Taxes, and to grant Relief in certain Cases."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Order for 3 a.

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

Ld. Chancellor's Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making Provision for The Lord High Chancellor of England in lieu of Fees heretofore received by him."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Order for 3 a.

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

Land Revenue (Scotland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to authorize the Hereditary Land Revenues of the Crown in Scotland being placed under the Management of the Commissioners of the Land Revenues."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Order for 3 a.

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

Party Processions (Ireland) Bill.

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

It was moved, "That the Bill, intituled, "An Act to restrain for Five Years, in certain Cases, Party Processions in Ireland," be now read a Second Time."

After short Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

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.

Greek Convention Bill.

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

It was moved, "That the Bill, intituled, "An Act to enable His Majesty to carry into Effect a Convention made between His Majesty and The King of the French, and Emperor of all the Russias, and The King of Bavaria," be now read a Second Time."

After short Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

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.

Civil List Payments Bill.

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

It was moved, "That the Bill, intituled, "An Act to provide for the Salaries of certain High and Judicial Officers, and of Payments heretofore made out of the Civil List Revenues," be now read a Second Time."

The Question was put thereupon?

It was resolved in the Affirmative.

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.

Forgery Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for abolishing the Punishment of Death in Cases of Forgery;" and for the Lords to be summoned;

It was moved, "That the House do now resolve itself into a Committee upon the said Bill."

After Debate,

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.

Ordered, That the said Bill, as amended, be printed.

Bribery at Elections Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to regulate the Trial of Petitions complaining of general Bribery and Corruption in Boroughs with respect to the Election of Members to serve in Parliament;" and for the Lords to be summoned;

Ordered, That the said Order be discharged.

West India Islands Relief Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for enabling His Majesty to direct the Issue of Exchequer Bills to a limited Amount, for the Purposes and in the Manner therein mentioned; and for giving Relief to Trinidad, British Guiana and St. Lucie;"

The said Bill was accordingly 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.

Juries (India) Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to amend the Law relating to the Appointment of Justices of the Peace and of Juries in the East Indies;"

It was moved, "That the said Bill be now read a Second Time."

Which being objected to;

After short Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

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.

Stage Carriages, &c. Duties Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to repeal the Duties under the Management of the Commissioners of Stamps on Stage Carriages and on Horses let for Hire in Great Britain, and to grant other Duties in lieu thereof; and also to consolidate and amend the Laws relating thereto;"

The said Bill was accordingly 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.

Turnpike Tolls Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to explain certain Provisions in Local Acts of Parliament relating to Double Toll on Turnpike Roads."

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 ordered to be 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quartum diem instantis Augusti, horâ undecimâ Auroræ, Dominis sic decernentibus.