House of Lords Journal Volume 63: 12 October 1831

Die Mercurii, 12° Octobris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Harris v. Kemble et al.

After hearing Counsel further in the Cause wherein Henry Harris is Appellant, and Charles Kemble, and others, are Respondents:

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

Maccabe v. Hussey & Maccabe:

The House proceeded to take into further Consideration the Cause wherein Jennings Patrick Maccabe Esquire is Appellant, and Catherine Hussey and Edward Maccabe are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Saturday the 8th as on Monday the 10th Days of this instant October, upon the Petition and Appeal of Jennings Patrick Maccabe Esquire, complaining of Two Decretal Orders of the Court of Chancery in Ireland, of the 18th of June 1827 and the 11th of August 1829; and praying, "That the same might be reversed or varied, and the Bill dismissed, 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 separate Answer of Catherine Hussey Widow put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Orders 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 Decretal Orders therein complained of, be, and the same are hereby Affirmed.

Clyne v. Sclater et al. Appellant's Petition to remit the Cause, referred to Appeal Com ee.

Upon reading the Petition of David Clyne, Appellant in a Cause depending in this House, to which Robert Sclater, and others, are Respondents; setting forth, "That on the 3d Day of February last the Petitioner presented his Appeal to their Lordships against certain Interlocutors pronounced by the Court of Session in Scotland in an Action at the Instance of the Respondents against the Petitioner: That pending this Appeal the Respondents presented a Petition to the Court of Session, praying for Interim Execution against the Appellant: That sundry Interlocutors having been pronounced against the Petitioner, granting such Interim Execution, and sustaining a Charge for Payment, the Petitioner, on the 22d of June 1831, presented his Second Appeal to their Lordships against these lastmentioned Interlocutors: That, upon hearing the Matter of the said Original Appeal, their Lordships were pleased, upon Friday the 29th Day of September last, to reverse the Interlocutors therein complained of, and to order, "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:" That the Interlocutors granting Interim Execution against the Petitioner, and sustaining a Charge as before mentioned, having been founded upon the previous Judgment against him, which has been reversed by their Lordships, are now of no force or effect;" and therefore praying, "That their Lordships will be pleased to remit back the whole Proceedings relative to the Interim Execution and Charge, which form the Subject of his Second Appeal, to the Court of Session in Scotland, with Instructions to that Court to proceed therein as may be just and consistent with the Judgment in his said Original Appeal; and that an Order may be made forthwith thereon accordingly:"

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.

Nicol v. Sir R. W. Vaughan et al.

Ordered, That the Cause wherein William Nicol is Appellant, and Sir Robert Williams Vaughan, and others, are Respondents, be heard by Counsel at the Bar on Friday next.

Robertson v. Harford & Co. & Christie.

Ordered, That the Cause wherein James Robertson is Appellant, and Harford, Brothers and Company, and Thomas Christie, are Respondents, be heard by Counsel at the Bar on Friday next.

The House was adjourned during Pleasure.

Ld. Lyndhurst chosen Speaker pro tempore.

The Lord Chancellor not being present, and The Lord Tenterden, The Earl of Shaftesbury and The Lord Wynford, appointed Speakers by His Majesty's Commissions, being absent, the Lords unanimously chose The Lord Lyndhurst to be Speaker pro tempore:

And his Lordship took his Seat upon the Woolsack accordingly.

James & Spencer v. Price & Gott:

The House proceeded to take into further Consideration the Cause wherein Thomas James and James Spencer are Appellants, and James Price and William Augustus Gott are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Wednesday the 19th as on Tuesday the 25th and Friday the 28th Days of May 1830, upon the Petition and Appeal of Thomas James and James Spencer; complaining of a Decree of the Court of Chancery of the Great Sessions for the several Counties of Glamorgan, Brecon and Radnor, of the 29th of August 1827, but which Decree was not entered until the 14th of March 1828; and praying, "That the same might be reversed or altered, or that the Appellants 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 James Price and William Augustus Gott put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Decree 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 Decree therein complained of, be, and the same is hereby Affirmed: And it is further Ordered, That the Appellants do pay or cause to be paid to the said Respondents the Sum of One hundred Pounds, for their Costs in respect of the said Appeal.

Deare v. The Attorney General:

The House proceeded to take into further Consideration the Cause wherein Charles Deare is Appellant, and The Attorney General is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Monday the 22d as on Friday the 26th Days of February 1830, upon the Petition and Appeal of Charles Deare, complaining of Two Orders of the Court of Exchequer, of the 8th of May and 10th of November 1826; and praying, "That the same might be reversed, or that the Appellant 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 His Majesty's Attorney General put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Orders 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 Orders therein complained of, be, and the same are hereby Affirmed.

Sir J. Montgomery et al. v. Maxwell:

The House proceeded to take into further Consideration the Cause wherein Sir James Montgomery Baronet, and others, are Appellants, and Mackill Maxwell is Defendant:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Friday the 26th and Tuesday the 30th Days of March, as on Friday the 2d and Monday the 5th Days of April 1830, upon the Petition and Appeal of Sir James Montgomery of Stanhope, Baronet, William Murray of Henderland, Esquire, and Edward Bullock Douglas of the Inner Temple, surviving Trustees and Executors of the late William Duke of Queensberry in Scotland, and also of Crawfurd Tait, Writer to the Signet, sometime their Factor; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 16th of May 1826; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 11th of July 1827; and also of Two Interlocutors of the said Lord Ordinary, both dated the 17th of November 1827; and praying, "That the same might be reversed, varied or altered, 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 Mackill Maxwell, Farmer in Ingliston, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutors Reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the several Interlocutors complained of in the said Appeal be, and the same are hereby Reversed.

The Attorney General v. Browne Mill:

The House proceeded to take into further Consideration the Cause wherein The Attorney General, on the Relation of The Provost of Montrose and others, is Appellant, and George Gavin Browne Mill is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Monday the 1st as on Friday the 5th Days of March 1830, upon the Petition and Appeal of Sir Charles Wetherell Knight, His Majesty's Attorney General, on the Relation of William Jameson Esquire, Provost of the Burgh of Montrose, and George Shand, David Skinner and James Birnie, Baillies of the said Burgh, and John M'Gregor the Dean of Guild of the said Burgh; complaining of an Order of the Court of Chancery, of the 16th of May 1827, allowing a certain Plea, therein mentioned to be good and sufficient; and also of another Order of the said Court of the same Date, affirming a Decree of the 13th of June 1809, therein also mentioned; and praying, "That the same might be reversed, varied or altered, or that the Appellant 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 George Gavin Browne Mill put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Orders 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 Orders therein complained of, be, and the same are hereby Affirmed.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Galway Elective Franchise, Petitions from Shruel & Barna for Extension of.

Upon reading the Petition of the Land Owners, Merchants, Freemen and Freeholders of the Vicarage of Shruel, Galway, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Protestant Freemen of the Corporation of Galway, residing in Barna, whose Names are thereunto subscribed; severally 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 Petitions do lie on the Table.

Vestries Bill, Petitions of Vestrymen of St. Mary-le-bone & St. James against, referred to the Com ee.

Upon reading the Petition of the Vestrymen of the Parish of Saint Mary-le-bone, acting by virtue of the several Acts of Parliament passed in the 35th, 46th, 51st and 53d Years of the Reign of His Majesty King George the Third, and the 1st and 2d, 3d, and 6th Years of the Reign of His late Majesty King George the Fourth, for the Regulation of the Affairs of the said Parish, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, 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 praying their Lordships, "That the same may not pass into a Law as it now stands:"

It is Ordered, That the said Petition be referred to the Select Committee to whom the said Bill stands referred.

Upon reading the Petition of the Vestrymen, Churchwardens, and Governors and Directors of the Poor of the Parish of Saint James, within the Liberty of Westminster, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That they may be heard by themselves, their Counsel, Agents and Witnesses, against the same or the Clauses thereof; and that the same may not pass into a Law as it now stands:"

It is Ordered, That the said Petition be referred to the Select Committee to whom the said Bill stands referred, and that the Petitioners be at liberty to be heard by themselves, their Counsel, Agents and Witnesses, against the same, as desired.

Hospitals (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend an Act passed in the Parliament of Ireland in the Fifth Year of His Majesty King George the Third, for establishing Public Hospitals in Ireland."

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.

Yeomanry Corps (Ireland,) Petition from Kildalkey for disbanding.

Upon reading the Petition of the Inhabitants of Kildalkey, whose Names are thereunto subscribed; praying their Lordships "to disband and disarm the Yeomanry of Ireland, who, by long Experience, have been proved in Cases of Emergency totally insufficient to maintain Tranquillity, and only remarkable for their Cruelty and Cowardice:"

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

Tithe System, (Ireland,) Petition from Lea for Revision of.

Upon reading the Petition of the Tithe Payers in the Parish of Lea, Queen's County, whose Names are thereunto subscribed; complaining of the present System on which Church Property is divided in Ireland; and praying their Lordships "to adopt such Measures for the Petitioners Relief from the Payment of Tithes as may prove efficient:"

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

Vestries Bill, Lords added to Com ee on.

Ordered, That The Earl of Radnor and The Lord King be added to the Select Committee appointed to consider of 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."

Consolidated Fund Bill.

Hodie 2^a vice lecta est Billa, intituled, "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."

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.

Reform (England) Bill, Petitions in favor of: Petersfield: Lowestoft:

Upon reading the Petition of the Freeholders and Inhabitants of the Borough of Petersfield, in the County of Southampton, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Inhabitants of Lowestoft and its Vicinity, whose Names are thereunto subscribed; taking notice of a Bill lately 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.

Peterhead.

Upon reading the Petition of the Magistrates, Burgesses, Merchants, Ship Owners and other principal Inhabitants of the Town of Peterhead, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to give their Sanction to the same, in order that it may pass into a Law, which is calculated alike to secure the Stability of the Throne, and the Liberties and Privileges of the People:"

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

Fresh Wharf Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Commissioners of His Majesty's Treasury to make a Conveyance of Fresh Wharf, in the City of London."

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.

Arms (Ireland) Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to revive, for One Year, Three Acts made in the Fortyseventh and Fiftieth Years of the Reign of His Majesty King George the Third, and in the Tenth Year of the Reign of His late Majesty King George the Fourth, for the preventing improper Persons from having Arms in Ireland; and to indemnify such Persons as may have acted in the Execution of and pursuant to the Provisions of the said Acts since the Expiration thereof."

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.

Select Com ee on Office of Clerk of the Parliaments appointed.

It was moved, "That a Select Committee be appointed to consider of the Proceedings had in Execution of the Measures recommended in the Reports of the Lords Committees upon the Office of Clerk of the Parliaments, in the Sessions 1824 and 1826; and to report to the House."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the Lords following be appointed a Select Committee to consider of the Proceedings had in Execution of the Measures recommended in the Reports of the Lords Committees upon the Office of Clerk of the Parliaments, in the Sessions 1824 and 1826; and to report to the House:

Their Lordships, or any Five of them, to meet Tomorrow, 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.

Library, Com ee on, to meet.

Ordered, That the Select Committee appointed to consider of some Additions to be made to the Library of this House, and of other Matters relating thereto, do meet on Friday next, at Two o'Clock.

Special Constables Bill.

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

To return 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 to acquaint this House, That they have agreed to their Lordships Amendments made thereto, with some Amendments, to which they desire their Lordships Concurrence.

Valuation of Lands (Ireland) Bill.

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

With a Bill, intituled, "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;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Military Accounts (Ireland) Bill.

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

With a Bill, intituled, "An Act to repeal an Act passed in the Fifty-second 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;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Special Constables Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Amendments made by this 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 Three Times by the Clerk, were agreed to by the House.

And, A Message was sent to the House of Commons, to acquaint them therewith.

Embankments (Ireland) Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to empower Landed Proprietors in Ireland to sink, embank and remove Obstructions in Rivers;"

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

The Question was put thereupon?

It was resolved in the Affirmative.

The House was accordingly 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 One Amendment 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.

Whiteboy Offences (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend an Act passed in the Parliament of Ireland in the Fifteenth and Sixteenth Years of the Reign of His Majesty King George the Third, intituled, "An Act to prevent and punish tumultuous Risings of Persons within this Kingdom, and for other Purposes therein mentioned."

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.

Warrington, &c. Railway Bill, Consideration of Petition for Com ee to proceed, put off.

The Order of the Day being read for taking into Consideration the Petition of the several Persons, whose Names are thereunto subscribed, being Shareholders in the Warrington and Newton Railway Company, and Directors thereof, presented to the House on Thursday the 22d of September last; praying their Lordships, That the Committee to whom the Bill, intituled, "An Act to enable the Company of Proprietors of the Warrington and Newton Railway to extend the said Railway from the Termination thereof at Bank Quay, in the Parish of Warrington, in the County Palatine of Lancaster, to Norton, in the County Palatine of Chester," stands committed, be instructed to proceed in the Consideration of the Clauses of the same, or that, if necessary, the Bill may be reported and re-committed, with such Directions as in their Lordships Judgment may seem right;"

Ordered, That the Consideration of the said Petition be put off to Friday next; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum tertium diem instantis Octobris, horâ decimâ Auroræ, Dominis sic decernentibus.