BHO

House of Lords Journal Volume 63: 14 February 1831

Pages 219-223

Journal of the House of Lords: Volume 63, 1830-1831. Originally published by His Majesty's Stationery Office, London, [n.d.].

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In this section

Die Lunæ, 14°Februarii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.
Archiep. Cantuar.
Ds. Brougham
&Vaux,
Cancellarius.
Archiep. Cassellen.
Epus. Londinen.
Epus. Norvicen.
Epus. Bath. et Well.
Epus. Lich. et Cov.
Epus. Lincoln.
Epus. Asaphen.
Epus. Exon.
Epus. Cicestrien.
Epus. Carliol.
-
Ds. Melbourne, Unus Primariorum
Secretariorum.
Ds. Dacre.
Ds. Stourton.
Ds. Clifton.
Ds. Stafford.
Ds. Byron.
Ds. Gower.
Ds. Saltoun.
Ds. Colville of Culross.
Ds. Belhaven & Stenton.
Ds. King.
Ds. Holland.
Ds. Sundridge & Hamilton.
Ds. Suffield.
Ds. Kenyon.
Ds. Auckland.
Ds. Mendip.
Ds. Selsey.
Ds. Calthorpe.
Ds. De Dunstanville & Bassett.
Ds. Carrington.
Ds. Farnham.
Ds. Redesdale.
Ds. Ellenborough.
Ds. Hill.
Ds. Prudhoe.
Ds. Maryborough.
Ds. Penshurst.
Ds. Seaford.
Ds. Melros.
Ds. Rosebery.
Ds. Clanwilliam.
Ds. Wynford.
March. Lansdowne,
Præses.
Ds. Durham,
C. P. S.
Dux Norfolk,
Marescallus.
Dux Devonshire,
Camerarius.
Dux Richmond.
Dux Grafton.
Dux Wellington.
Dux Buckingham &
Chandos.
March. Bute.
March. Thomond.
March. Camden.
Comes Westmorland.
Comes Winchilsea &
Nottingham.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Albemarle.
Comes Ferrers.
Comes Tankerville.
Comes Cowper.
Comes Stanhope.
Comes Radnor.
Comes Clarendon.
Comes Mansfield.
Comes Carnarvon.
Comes Charlemont.
Comes Mayo.
Comes Wicklow.
Comes Rosslyn.
Comes Grey.
Comes St. Germans.
Comes Morley.
Comes Glengall.
Comes Stradbroke.
Comes Vane.
Comes Dudley.
Vicecom. Duncan.
Vicecom. Sidmouth.
Vicecom. Gordon.
Vicecom. Beresford.
Vicecom. Goderich.

PRAYERS.

Com ee on the Poor Laws, R. Bacon to attend.

Ordered, That Richard Mackenzie Bacon Esquire do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before the Select Committee appointed to consider of the Poor Laws.

Taxation, Petition from Burnham for Relief, &c.

Upon reading the Petition of the Landholders and Inhabitant Householders of the Parish of Burnham, in the County of Buckingham, whose Names are thereunto subscribed; praying their Lordships "to provide such Remedies as may alleviate the present Distress, much of which arises from the heavy Weight of Taxation under which the Petitioners are labouring, but particularly from the inadequate Protection afforded to Agriculturists by the present Corn Laws; that their Lordships will endeavour to relieve the Country from a Part, at least, of its Burdens, by such Retrenchment and Economy as are practicable; and the Petitioners beg to call the Attention of their Lordships to the heavy Tax upon Malt, which, notwithstanding the Repeal of the Beer Duty, will continue to press upon all, but more especially upon the Labouring Part of the Community, and must deprive them of the Comfort of that wholesome and nutritious Beverage, Home-brewed Beer; and that their Lordships will restore our beloved Country to Comfort, to Prosperity and to Happiness:"

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

Postmaster General's Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act for enabling His Majesty to appoint a Postmaster General for the United Kingdom of Great Britain and Ireland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H.C. for the Ld. Chancellor to attend Com ee on Reduction of Salaries:

A Message was brought from the House of Commons, by Mr. Alexander Baring and others, as follows; (viz t.)

"My Lords,

"The Commons have directed me to request, that your Lordships will give Leave to The Right Honourable The Lord Chancellor to attend to give Evidence at the Select Committee appointed to inquire what Reductions can be made in the Salaries and Emoluments of Offices held during the Pleasure of the Crown, by Members of either House of Parliament."

And then the Messengers withdrew.

The Lord Chancellor, being present in his Place, acquainted the House, "That he was willing, with the Leave of the House, to go to the said Select Committee, as desired by the House of Commons in their said Message."

Ordered, That The Lord Chancellor have Leave to go to the said Select Committee, if his Lordship think fit.

Leave to his Lordship to go to the Com ee.

The Messengers were again called in, and acquainted, That the Lords do give Leave to The Lord Chancellor to go to the said Select Committee of the House of Commons, if his Lordship think fit."

Ashford & Canterbury Road Bill.

A Message was brought from the House of Commons, by Sir Edward Knatchbull and others;

With a Bill, intituled, "An Act for more effectually repairing and otherwise improving the Road from the Post Road near Faversham, by Bacon's Water, through Ashford, to Hythe, and from Bacon's Water to Castle Street, in the City of Canterbury, all in the County of Kent;" to which they desire the Concurrence of this House.

Compton Bassett Inclosure Bill.

A Message was brought from the House of Commons, by Colonel Lygon and others;

With a Bill, intituled, "An Act for inclosing Lands in the Parish of Compton Bassett, in the County of Wilts;" to which they desire the Concurrence of this House.

Stretford Road Bill.

A Message was brought from the House of Commons, by Colonel Lygon and others;

With a Bill, intituled, "An Act for effectually maintaining the Road from Crossford Bridge to the Town of Manchester, in the County Palatine of Lancaster; and for making a Branch Road to communicate therewith;" to which they desire the Concurrence of this House.

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

Foreign baked Bread, Petition of Bakers, London, to prohibit Importation of

Upon reading the Petition of the Bread and Biscuit Bakers of and near London, whose Names are thereunto subscribed; praying their Lordships "to prohibit immediately Foreign baked Bread and Biscuit being imported; and that their Lordships will not allow any Bread or Biscuit to be imported from our Islands, or exported therefrom, made of Foreign Wheat or Corn, which has not paid the same Duty which is paid upon all Foreign Corn in the Port of London; but which System of late has been carried on to an enormous Extent, depriving the Petitioners of that Trade they have hitherto enjoyed:"

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

Reform of Parliament, Petitions in favor of: (Sheffield:)

Upon reading the Petition of the Inhabitants of the Town and Neighbourhood of Sheffield, whose Names are thereunto subscribed; praying their Lordships "to take the present imperfect and inefficient State of the Representation of the People into their early and serious Consideration; and by an Extension of the Elective Franchise, by shortening the Duration of Parliaments, by altering the Mode of taking Votes at Elections, and by adopting such other Measures as the Case may require, ensure to the People the complete Possession and free Exercise of their inalienable Right, a full, fair and free Representation in the Commons House of Parliament:"

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

Royston:

Upon reading the Petition of the several Persons, whose Names are thereunto subscribed, being Inhabitants of Royston and its Vicinity, in the Counties of Cambridge and Hertford; praying their Lordships "to proceed to an immediate, extensive and effectual Reform of the Representation of the People in Parliament:"

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

Langfield:

Upon reading the Petition of the Freeholders, Merchants, Manufacturers and other Inhabitants of the Township of Langfield, in the Parish of Halifax, and County of York, whose Names are thereunto subscribed; praying their Lordships "for the immediate Abolition of all Sinecures, unmerited Pensions and useless Places, and also a very considerable Reduction of the Salaries of Public Officers, that they may have an Opportunity to practise the Virtue of Patriotism:"

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

Cabinet Makers, Manchester:

Upon reading the Petition of the Cabinet Makers and Joiners, Inhabitants of Manchester, in the County of Lancaster, whose Names are thereunto subscribed; praying, "That their Lordships will pass an Act authorizing the taking of Votes by Ballot at all Elections for Members of Parliament:"

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

Ballymena:

Upon reading the Petition of the Inhabitants of the Town of Ballymena and its Vicinity, whose Names are thereunto subscribed; praying, "That their Lordships will co-operate with the present popular Administration, by enacting Laws for the Extension of the Elective Franchise, the shortening of the Duration of Parliaments, and, above all, for establishing the Practice of voting by Ballot, which the Petitioners conceive to be absolutely essential to the Freedom and Purity of Elections, and without which, Reform would be inefficient, and fail to procure for the People their due Weight in the Return of Members to the Commons House of Parliament:"

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

Oldham:

Upon reading the Petition of the Inhabitants of the Township of Oldham, in the County Palatine of Lancaster, whose Names are thereunto subscribed; praying, "That their Lordships will adopt the most speedy and effectual Means for a total Repeal of the Corn Laws; for the original Appropriation of the Tithes; for the Removal of all unjust and injurious Monopolies; for the utmost possible Reduction in the Public Expenditure; and finally, for a Reformation in the Commons House of Parliament, on the Principles of Universal Suffrage, Annual Parliaments and Vote by Ballot:"

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

Worcester:

Upon reading the Petition of the Members of the Political Union and other Inhabitants of the City of Worcester and its Neighbourhood, whose Names are thereunto subscribed; praying their Lordships "in concert with the House of Commons, to remove the Causes of the just Complaints of the Petitioners, and more especially to promote such a radical Reform in the Representation of the People in the Commons House of Parliament, as shall restore to the Public their long lost Rights, Liberties and Privileges; such a Reform as shall for ever deprive all Rotten Boroughs from returning Members thereto; that shall give a more equitable and extensive Suffrage to the productive Classes of the Kingdom; that shall materially shorten the Duration of Parliaments; and that shall be suited to the increased Knowledge and civilized Age in which we live; such a Reform that shall enable every Elector conscientiously to exercise his Suffrage in voting by Ballot, so that good, patriotic and intelligent Men may be returned to that honourable House, the Honour and Welfare of the Country advanced thereby, and that England may become not in Name only, but in Reality, "the Envy of surrounding Nations, and the Admiration of the World:"

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

Queensferry:

Upon reading the Petition of the Burgesses and Inhabitants of the Royal Burgh of Queensferry, in Scotland, and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to make an immediate thorough Reform in the Commons House of Parliament, so that the People may have a full, fair and free Representation; that, in doing so, the Mode of Election, both in Counties and Royal Burghs in Scotland, may be altered; that it may be real and not nominal, and vested in many, and not few as at present; that the Elective Franchise in Counties may be vested in residing Owners and Occupiers of Land or Houses of a moderate yearly Amount; that the Constitutions of the Scotch Burghs be altered, and that the Elective Franchise be bestowed upon a numerous Body of Electors, consisting not only of Burgesses, but also Occupiers and Owners of Burgh Property, and extended to the Vicinity of small Burghs, under such Conditions as shall appear to the united Wisdom of Parliament most conducive for the Purity of Election, and for securing the Liberties and Independence of the People in the free Exercise of their Elective Franchise:"

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

Little Dunkeld:

Upon reading the Petition of the Inhabitants of the Parish of Little Dunkeld, County of Perth, whose Names are thereunto subscribed; praying, "That their Lordships will take into their serious Consideration the imperfect State of the Representation in Scotland, and, by an Extension of the Elective Franchise, grant to the People a fair and full Representation in the Councils of the Nation:"

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

Canterbury:

A Petition of the Freemen and Inhabitants of the City of Canterbury and the County of the same City, in Common Hall assembled, was presented and read; praying, That their Lordships will immediately adopt effective Measures of Economy and Retrenchment, abolishing some and regulating all Branches of Taxation, and entirely relieving the Public Expenditure from the Drain of Sinecure Grants and Pensions, and the present extravagant Remuneration allowed to Official Persons of the higher Classes; and that their Lordships will, without Delay, proceed to such a Reform in the Representative System, as will give to the People a direct and complete Controul in the Management of the National Affairs."

Ordered, That the said Petition be received as the Petition of Henry Cooper Mayor, who only has signed it.

Galway Elective Franchise, Petition of Clergy of Galway for Extension of.

Upon reading the Petition of the Roman Catholic Warden and Clergy of Galway, whose Names are thereunto subscribed; praying, "That their Lordships will be 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 Petition do lie on the Table.

Devon Peerage, Witnesses to attend.

Ordered, That the Keeper of the Records of the Tower of London, or his Deputy, do attend this House Tomorrow, to be sworn, in order to his being examined as a Witness before the Committee for Privileges, to whom the Petition of William Courtenay Viscount Courtenay of Powderham Castle, in the County of Devon, to His Majesty, praying, "That his Right to the Earldom of Devon may be recognized by His Majesty, and that he may be accordingly summoned to Parliament as Earl of Devon," together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed, stands referred; and that he do bring with him and produce before the said Committee, on Thursday next, such Records and other Documents as the Agent for the Claimant shall direct.

Ordered, That the Keeper of the Records at the Rolls Chapel, or his Deputy, do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before the last-mentioned Committee; and that he do bring with him and produce before the said Committee, on Thursday next, such Records and other Documents as the Agent for the Claimant shall direct.

Ordered, That the Registrar of the Prerogative Court of The Archbishop of Canterbury, or his Deputy, do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before the last-mentioned Committee; and that he do also attend on Thursday next, and do bring with him the Will of Margaret Countess of Devon, dated 28th Day of January 1390-1, and also the Will of Sir William Courtenay Knt. dated 8th September 1511, in order to their being produced before the said Committee.

Ordered, That the Minister of the Parish of Saint Luke, Chelsea, in the County of Middlesex, or other Person in whose Custody the Register of Burials for the Year 1699 in that Parish is, do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before the last-mentioned Committee; and that he do also attend on Thursday next, and do bring with him the said Register, in order to its being produced before the said Committee.

Ordered, That the Minister of the Parish of Saint Martin in the Fields, in the County of Middlesex, or other Person in whose Custody the Register of Baptisms for the Year 1709-10 is, do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before the last-mentioned Committee; and that he do also attend on Thursday next, and do bring with him the said Register, in order to its being produced before the said Committee.

Oswalds' Petition referred to Judges in Scotland.

Upon reading the Petition of Richard Alexander Oswald Esquire, of Auchencruieve, and others, in the County of Ayr and Stewartry of Kirkcudbright, and of James Oswald Esquire, One of the Heirs of Entail of the said Estates, being also Two and a Quorum of the Trustees under the Trust Settlements therein-after mentioned; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Lord Balgray in Scotland and Lord Corehouse in Scotland, who are forthwith to summon all Parties before them who may be concerned in the Bill, and, after hearing all the Parties, and perusing the Bill, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and are to sign the said Bill.

Bp. Worcester's Petition referred to Judges.

Upon reading the Petition of The Right Reverend Father in God Folliott Herbert Walker, by Divine Permission Lord Bishop of Worcester; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Garrow and Mr. Justice Bosanquet, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Reid v. Lyon & Fisher.

Upon reading the Petition and Appeal of John Reid, formerly Keeper of the Tontine Inn, Glasgow, now residing at Finnieston near Glasgow; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 4th December 1829, 17th June and 15th (signed 16th) December 1830; and also of Three Interlocutors of the Lords of Session there, of the First Division, of the 25th May 1830, and 21st January and 4th February 1831; 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 Peter Lyon and Charles Fisher, Writer in Edinburgh, may be required to answer the said Appeal:"

It is Ordered, That the said Peter Lyon and Charles Fisher may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 14th Day of March 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.

Taxation, Petition from Ightham for Reduction of, referred to Com ee on the Poor Laws.

Upon reading the Petition of the Magistrates, Minister and Churchwarden, and other Inhabitants and Parishioners of Ightham, in the County of Kent, whose Names are thereunto subscribed; complaining of the Distress of the Labouring Classes of the Parish, and of the severe Taxation on the Necessaries of Life; and praying their Lordships "to take the Subject into their Consideration, and grant such Measures of Relief as will immediately tend to prevent the Excitement which a Continuance of these Causes might produce among the Labouring Poor:"

It is Ordered, That the said Petition be referred to the Select Committee appointed to consider of the Poor Laws.

Greenwich Hospital, Petition of Ship Masters, &c. of Hull, against contributing to.

Upon reading the Petition of the Ship Masters, Mates and Seamen of the British Merchant Service at the Port of Kingston-upon-Hull, whose Names are thereunto subscribed; praying their Lordships, "That the Seamen's monthly Sixpences deducted from their Wages for the Maintenance of Greenwich Hospital, from which none of the Petitioners derive any Benefit, the Funds of such Hospital being applied chiefly to the Relief of Seamen who have served in His Majesty's Navy, should be formed into a Fund for their own special Benefit, which they trust their Lordships will deem both just and reasonable:"

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

Assessed Taxes, Petition from Gisborough for Repeal of, &c.

Upon reading the Petition of the Inhabitants of Gisborough, in the North Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "for the immediate Repeal of the whole of the Assessed Taxes, as a Measure calculated to give great and lasting Relief to the Country, and which the Petitioners represent to their Lordships may be adopted without Injury to the Honor and Safety of the British Empire, if His Majesty's Ministers make a Sacrifice of a Portion of their Official Incomes to the Public Exigencies, and introduce a rigid Economy, and abolish all useless and sinecure Offices:"

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

Tithe System, Petitions for Revision of: (Pyder:)

Upon reading the Petition of the Freeholders, Leaseholders and Occupiers of Land in the Hundred of Pyder, (and Places adjacent,) in the County of Cornwall, whose Names are thereunto subscribed; praying their Lordships to take into their Consideration the evil Effects of the present Tithe System, and to make such Alterations therein as to their Lordships may seem most beneficial and expedient:"

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

Uxbridge, &c:

Upon reading the Petition of the Farmers and others frequenting the following Markets, Uxbridge, Windsor and Maidenhead, whose Names are thereunto subscribed; praying, "That their Lordships will pass an Act either for a Commutation or Redemption of Tithe, by which the Farmer and his Labourer may be relieved from this injurious and oppressive Tax, as at present levied; and that their Lordships will pass a Law to prevent the Enjoyment of Pluralities by the Clergy, and compel actual and permanent Residence upon their Benefice:"

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

North Walsham.

Upon reading the Petition of the Owners and Occupiers of Land residing in the Neighbourhood of North Walsham, in the County of Norfolk, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to enquire into the working of the present Tithe System, as it affects the Clergy, the Farmer and the Labourer; and (if their Lordships should see fit) to abolish the existing Laws relating to Tithes, and in lieu of them to charge the Landed Property of the Kingdom (except where such Property is exempt from Tithes, or protected by a Modus,) with a Money Payment to the Tithe Owners, bearing a certain Proportion to the annual Value or Rent, by which Means a fair Compensation will be given to the Tithe Owners for their existing Rights, and a most ample and munificent Provision be continued for the Clergy:"

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

D. of Hamilton's Petition referred to Judges in Scotland.

Upon reading the Petition of The Most Noble Alexander Duke of Hamilton and Brandon, Heir of Entail of the Lands and Barony of Kinneil, and others thereinafter described; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Lord Craigie in Scotland and Lord Medwyn in Scotland, who are forthwith to summon all Parties before them who may be concerned in the Bill, and, after hearing all the Parties, and perusing the Bill, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and are to sign the said Bill.

Thomson v. Dr. Williamson et al. et e con:

The House proceeded to take into further Consideration the Cause wherein James Thomson Esquire is Appellant, and Doctor James Williamson, and others, are Respondents, et e contra:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel on Thursday the 10th Day of this instant February, upon the Original Petition and Appeal of James Thomson of Bogie, Esquire, Writer to the Signet; complaining of an Interlocutor of the Lords of Session in Scotland, dated the 26th and signed the 27th Day of May 1829, in so far as it "finds that the Presumption of Law is, that there was to be an equal Participation in the Profits of the Business between the Two Parties, and decerns;" and praying, "That the same might be reversed, varied or amended, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, might seem just;" and likewise upon the Cross Appeal of Doctor James Williamson, in the Service of The East India Company on the Bengal Establishment, Doctor James Hamilton junior, Professor of Midwifery in the University of Edinburgh, Robert Menzies of Balfrachs, Writer to the Signet, and Warren Hastings Sands, Writer to the Signet, a Majority and Quorum of the acting and accepting Trustees and Executors appointed under the Settlement of the late Mr. Archibald Campbell, Writer to the Signet; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, dated the 26th and signed the 27th Day of May 1829, in so far as it finds that "all previous Claims on the Part of Mr. Campbell must be presumed to have been passed from and discharged;" and praying, "That the same might be reversed, varied or amended, 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 Doctor James Williamson, in the Service of The East India Company, Doctor James Hamilton junior, Professor of Midwifery in the University of Edinburgh, Robert Menzies, Writer to the Signet, and Warren Hastings Sands, Writer to the Signet, a Majority and Quorum of the acting and accepting Trustees under the Settlement of Archibald Campbell, late Writer to the Signet, deceased, put in to the said Original Appeal; and also upon the Answer of James Thomson of Bogie, Esquire, Writer to the Signet, put in to the said Cross Appeal; and due Consideration had this Day of what was offered on both Sides in these Causes:

Interlocutor Reversed, & Cause remitted with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor complained of in the said Original Appeal, and also in the said Cross Appeal, in so far as complained of by the said Appeals respectively, be, and the same is hereby Reversed: And it is further Ordered, That the Cause be remitted back to the Lords of Session, of the First Division, in Scotland, with Instructions to them to direct an Issue or Issues to be tried by a Jury, which Issue or Issues shall include the whole Matters in dispute between the Parties in this Cause; or to proceed otherwise in the said Causes as they shall deem just, and shall be consistent with this Judgment.

Scottish, &c. Promissory Notes Act, Petition from Berwick upon Tweed for Exemption from.

Upon reading the Petition of The Mayor, Bailiffs and Burgesses of the Borough of Berwick upon Tweed, in Guild assembled, under their Common Seal; praying, That their Lordships will so alter or amend the Act passed in the last Session of Parliament, restraining the Negotiation in England, after the 5th Day of April next, of Bank Notes issued in Scotland for less than Five Pounds, as to permit the Circulation within the Borough of Berwick upon Tweed, and the Liberties thereof, of Scotch Notes under Five Pounds, so long as the same shall be allowed to be negotiated and circulated in Scotland:"

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

Welsh Slates carried Coastwise, Petition from Merionethshire for Repeal of Duty on.

Upon reading the Petition of the Landed Proprietors, Householders and other Inhabitants of Merionethshire, whose Names are thereunto subscribed; praying their Lordships, "That the Coasting Duties on Slates quarried in Wales be altogether repealed, or made to bear so as not to give an artificial Advantage to the Quarries of one Part of the Kingdom over another; and that if any Distinction be made, it ought not to be made in favor of a District rich by Nature, and abounding in Resources, over another that is naturally poor and sterile, and depends chiefly for Subsistence upon her Mineral Production:"

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

Education, (Ireland,) Petition from Waterford for regulating Grants for.

Upon reading the Petition of the Roman Catholic Clergy and Laity of the City of Waterford and its Neighbourhood, whose Names are thereunto subscribed; praying their Lordships, "That all Grants for Education in Ireland may be withdrawn from all Societies requiring by their Rules certain Observances of a Religious Nature, at variance with the Principles of the major Part of the Community, and placed in other Hands; firstly, because their Acts are totally at variance with the Intentions of the Legislature in making such Grants, by having the Effect of confining those Grants to a Sect; secondly, because their Acts tend to keep up Religious Discord in this Country; and thirdly, because they monopolize the Public Money, and, instead of benefitting the Public, tend to paralize the Efforts of many wellmeaning Individuals, who are anxious to assist in the Education of the People:"

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

Suits in Common Law Courts Bill.

It was moved, "That the Order made on Tuesday last, "That the House be put into a Committee upon the Bill, intituled, "An Act to prevent the Expence and Delay of Suits in the Common Law Courts at Westminster," on Tuesday next; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the House be put into a Committee upon the said Bill on Tuesday the 22d of this instant February; and that the Lords be summoned.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday next.

Coals, &c. carried Coastwise, Petitions from Margate & Fowey for Repeal of Duties on.

Upon reading the Petition of the Commissioners of the Town of Margate, in Kent, and of the Inhabitants of the said Town and Parish, whose Names are thereunto subscribed; praying their Lordships "to repeal the Duties on Coal and Culm carried Coastwise:"

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

Upon reading the Petition of the Inhabitants within the Ambit of the Port and Borough of Fowey, in the County of Cornwall, whose Names are thereunto subscribed; praying their Lordships "to repeal the Duties on Coal and Culm, and thereby relieve the Petitioners from an Impost so unequal and oppressive:"

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

Coals, Petition from Watchet for Repeal of Duty on.

Upon reading the Petition of the resident Householders living in the Town and Port of Watchet and its Vicinity, in the County of Somerset; praying their Lordships either wholly to remove the Duty on Coal, or equalize it:"

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

Places of Worship for Roman Catholics, Petition from Navan for a general Assessment for building.

Upon reading the Petition of the Roman Catholic Clergy and Laity of the Parish of Navan, in the County of Meath, whose Names are thereunto subscribed; praying, That their Lordships will enact a Law by which the Places of Worship belonging to Roman Catholics shall be repaired or built by an Acreable Assessment on the whole Parish, to be laid on by an Act of Vestry, at which Vestry both Roman Catholic and Protestant Landholders shall have an equal Right to vote; and that, in order to expedite the intended Purpose, a Sum of Money be granted from the Board of First Fruits, or from any other Fund:"

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

Canadian Lands Bill presented.

The Viscount Goderich presented to the House a Bill, intituled, "An Act to explain and amend the Laws relating to Lands holden in Free and Common Soccage in the Province of Lower Canada."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Resident & Non-resident Incumbents, Address for Return respecting.

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, An Abstract of the Numbers and Classes of the Resident Incumbents and of the Non-resident Incumbents, according to the Diocesan Returns made to the Privy Council of Great Britain, relative to the Residence of the Clergy in England and Wales."

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

Com ee on Office of Clerk of the Parliaments, 1st Report from.

The Earl of Shaftesbury reported from the Lords Committees 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; That the Committee had met, and had had their Attention drawn by the Clerk Assistant of the House to a Communication made to him by the Lords Commissioners of His Majesty's Treasury, through Mr. Spring Rice, One of the joint Secretaries to the Treasury, requesting that there might be prepared and transmitted to that Board an Estimate of the Sum that will be required in 1831 to provide for the Deficiency of the Fee Fund of the House of Lords, and also that such Estimate might be accompanied by a detailed Account of the whole Expenditure for the Year 1830; and that the Committee had conferred with the Clerk Assistant thereon, and are of Opinion, That the Clerk Assistant should be instructed to send to the Treasury the Estimate required in the said Communication: The Committee are further of Opinion, That inasmuch as the Fee Fund is now, and is likely to continue insufficient to satisfy the Demands upon the same, it is expedient that an Estimate of such Sum as may be required to make good the Deficiency be sent Annually to the Treasury; and that a Copy of the Certificate of the Amount of the General Fee Fund of the House of Lords, (containing an Account of the Disbursements made,) which is laid upon the Table of the House at the Beginning of each Session, be also sent to the Treasury immediately after the same shall have been submitted to the Committee appointed in each Session to examine such Certificate."

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quintum diem instantis Februarii, horâ decimâ Auroræ, Dominis sic decernentibus.