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House of Lords Journal Volume 63: 12 August 1831

Pages 918-921

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 Veneris, 12° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.
Dux Sussex.
Archiep. Cantuar.
Ds. Brougham
& Vaux,
Cancellarius.
Epus. Londinen.
Epus. Cicestrien.
Epus. Cloynen.
Epus. Corcagen, &c.
-
Ds. Melbourne, Unus Primariorum Secretariorum.
Ds. Teynham.
Ds. Stafford.
Ds. Gower.
Ds. Saltoun.
Ds. Colville of Culross.
Ds. Belhaven & Stenton.
Ds. Holland.
Ds. Foley.
Ds. Sherborne.
Ds. Kenyon.
Ds. Auckland.
Ds. Calthorpe.
Ds. Carbery.
Ds. Dunalley.
Ds. Redesdale.
Ds. Mont Eagle.
Ds. Ormonde.
Ds. Glenlyon.
Ds. Penshurst.
Ds. Somerhill.
Ds. Farnborough.
Ds. Fife.
Ds. Tenterden.
Ds. Plunket.
Ds. Clanwilliam.
Ds. Skelmersdale.
Ds. Wynford.
Ds. Fingall.
Ds. Sefton.
Ds. Dover.
Ds. Clements.
March. Lansdowne, Præses.
Ds. Durham, C. P. S.
Dux Richmond.
Dux Beaufort.
Dux Northumberland.
March. Salisbury.
March. Westmeath.
March. Cleveland.
Comes Westmorland.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Elgin.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Tankerville.
Comes Grosvenor.
Comes Clarendon.
Comes Carnarvon.
Comes Charlemont.
Comes Wicklow.
Comes Caledon.
Comes Rosslyn.
Comes Gosford.
Comes Orford.
Comes Grey.
Comes Harrowby.
Comes Mulgrave.
Comes Verulam.
Comes Beauchamp.
Comes Glengall.
Comes Eldon.
Comes Falmouth.
Comes Vane.
Vicecom. Duncan.
Vicecom. St. Vincent.
Vicecom. Gordon.
Vicecom. Goderich.

PRAYERS.

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

Miller et al. v. Moodie.

The Answer of Mrs. Amelia Moodie or Anderson to the Petition and Appeal of John Miller, Baker in London, William Roy of Pentoul, Tenant of the Farm of Condie, and William Thomson, Writer in Kinross, was this Day brought in.

R. & F. Bell v. Gray et al.

As was also, The joint and separate Answer of the Respondents Robert Gray and George Gray to the Petition and Appeal of Richard Bell and Francis Bell Appellants.

E. of Harrowby takes the Oaths.

This Day Dudley Earl of Harrowby took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Polloc & Govan Railway Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for amending an Act passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, for making and maintaining a Railway from the Lands of Polloc and Govan to the River Clyde; and to alter and extend the Powers of the Company of Proprietors of the said Railway."

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

It was resolved in the Affirmative.

Sunderland & Durham Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectually repairing and otherwise improving the Road from Sunderland near the Sea, in the County of Durham, to the City of Durham."

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

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 2 preceding Bills.

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

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

Kinnaird's Divorce Bill.

The Order of the Day being read for the further Consideration of the Bill, intituled, "An Act to dissolve the Marriage of Hugh Kinnaird Esquire with Ann his now Wife, and to enable him to marry again; and for other Purposes;" and for the Lords to be summoned;

It was moved, "That the said Bill 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 on Monday next.

Le Fevre's Divorce Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to dissolve the Marriage of Samuel Le Feuvre otherwise Le Fevre Esquire with Mary his now Wife, and to enable him to marry again; and for other Purposes;" and for the Lords to be summoned;

The said Bill was accordingly read the Third Time.

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.

General Steam Navigation Co's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting certain Powers to a Company called "The General Steam Navigation Company."

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

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

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

Vaughan v. Gronow, Appellant's Petition to restore Appeal, &c. referred to Appeal Com ee.

Upon reading the Petition of John Edwards Vaughan, Appellant in a Cause depending in this House, to which Thomas Gronow Clerk is Respondent; praying their Lordships, "That this Appeal may be restored, and that the Petitioner may be at liberty now to lay on their Lordships Table the Prints of his Case:"

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.

Sir R. W. Vaughan v. Lady C. S. Hamilton et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Sir Robert Williams Vaughan Baronet is Appellant, and Lady Charlotte Sophia Baillie Hamilton, and others, are Respondents, ex-parte, the Respondents not having put in their Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondents put in their Answer thereto in the mean time.

Flathmann's Naturalization Bill, Certificate produced:

A Certificate from The Right Honorable The Viscount Melbourne, One of His Majesty's Principal Secretaries of State, "That Herman Hinrich Flathmann, Son of Herman Christopher Flathmann by Margaret his Wife, born at Schambick, in Hanover, had produced to him satisfactory Proof that he is a Person well affected to His Majesty's Royal Person and Government, and of orderly Life and Conduct," was produced and read, pursuant to the Standing Order.

Flathmann takes the Oaths:

Herman Hinrich Flathmann took the Oaths appointed, in order to his Naturalization.

Bill read 2 a, & committed.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Herman Hinrich Flathmann."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

L. Bp. London.
L. Bp. Chichester.
L. Bp. Cloyne.
L. Bp. Cork & Ross.
L. Melbourne.
L. Teynham.
L. Stafford.
L. Gower.
L. Saltoun.
L. Colville of Culross.
L. Belhaven & Stenton.
L. Holland.
L. Foley.
L. Sherborne.
L. Kenyon.
L. Auckland.
L. Calthorpe.
L. Carbery.
L. Dunalley.
L. Redesdale.
L. Mont Eagle.
L. Ormonde.
L. Glenlyon.
L. Penshurst.
L. Somerhill.
L. Farnborough.
L. Fife.
L. Tenterden.
L. Plunket.
L. Clanwilliam.
L. Skelmersdale.
L. Wynford.
L. Fingall.
L. Sefton.
L. Dover.
L. Clements.
D. Cumberland.
D. Sussex.
L. Abp. Canterbury.
L. President.
L. Privy Seal.
D. Richmond.
D. Beaufort.
D. Northumberland.
M. Salisbury.
M. Westmeath.
M. Cleveland.
E. Westmorland.
E. Essex.
E. Carlisle.
E. Shaftesbury.
E. Elgin.
E. Oxford & Mortimer.
E. Ferrers.
E. Tankerville.
E. Grosvenor.
E. Clarendon.
E. Carnarvon.
E. Charlemont.
E. Wicklow.
E. Caledon.
E. Rosslyn.
E. Gosford.
E. Orford.
E. Grey.
E. Harrowby.
E. Mulgrave.
E. Verulam.
E. Beauchamp.
E. Glengall.
E. Eldon.
E. Falmouth.
E. Vane.
V. Duncan.
V. St. Vincent.
V. Gordon.
V. Goderich.

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

Frome Roads Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for better repairing and improving several Roads leading to and from the Town of Frome, in the County of Somerset," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Oswald's Estate Bill.

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

To return the Bill, intituled, "An Act to exonerate the Trustees of Richard Oswald of Auchincruive, Esquire, for Advances of Money made by them to Richard Alexander Oswald Esquire, now of Auchincruive, and applied in executing Improvements, as well upon the Entailed Estates left by the said Richard Oswald as the Fee-Simple Estates acquired by the said Trustees and partly entailed by them; and to enable the said Trustees to discharge a Part of the Debts incurred by the said Richard Alexander Oswald in improving the said Estates;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Moray's Estate Bill.

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

To return the Bill, intituled, "An Act for vesting the Entailed Estates of Abercairney, and others, in the County of Perth, belonging to James Moray of Abercairney, Esquire, in Trustees, to sell the same or so much thereof as may be necessary, and to apply the Price arising therefrom in the Payment of the Debts affecting or that may be made to affect the said Lands and Estates;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Cameron's Estate Bill.

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

To return the Bill, intituled, "An Act for vesting the Undivided Moieties of certain Estates of Nathaniel Cameron Esquire and Lætitia Pryce his Wife, in the County of Glamorgan, in Trustees, in Trust to sell, under the Directions of the High Court of Chancery, and to apply the Money to arise from such Sales in the Manner therein mentioned;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Thompson's Estate Bill.

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

To return the Bill, intituled, "An Act for exchanging Part of the Freehold Estates devised by the Will of Beilby Thompson Esquire for Freehold Lands devised by the Will of Mrs. Dorothy Wilson to Trustees for Charitable Purposes; and for amending an Act passed in the Third Year of His late Majesty King George the Fourth, intituled, "An Act for empowering Trustees to sell and convey Part of the Freehold and Copyhold Estates in the County of York devised by the Will of Beilby Thompson Esquire, deceased, and Part of the Freehold Estates, in the same County, devised by the Will of Richard Thompson Esquire, deceased, and for laying out the Money arising from such Sales respectively, under the Direction of the High Court of Chancery, in the Purchase of other Estates, to be settled to the same Uses;" and to acquaint this House, That they have agreed to the same, without any Amendment.

27th Report of Comrs of the Caledonian Canal delivered.

The House being informed, "That Mr. Vardon, from the Commissioners of the Caledonian Canal, attended;"

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"The Twenty-seventh Report of the Commissioners for making and maintaining the Caledonian Canal; dated August 1831."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Manchester & Sheffield Railway Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making a Railway from Manchester, in the County Palatine of Lancaster, to Sheffield, in the West Riding of the County of York."

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

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

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

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Churches Building Bill, Petition of G. Bliss respecting.

Upon reading the Petition of George Bliss Clerk, taking notice of a Bill depending in this House, intituled, "An Act to amend and render more effectual an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty, intituled, "An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes;" and praying their Lordships, "That previous to the retrospective Part of the same passing, if the same should pass into a Law, the Chapel of Sennicots may be expressly excepted from the Operation thereof:"

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

Militia Pay Bill.

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

With a Bill, intituled, "An Act to defray the Charge of the Pay, Clothing, and contingent and other Expences of the Disembodied Militia in Great Britain and Ireland; and to grant Allowances, in certain Cases, to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates and Serjeant Majors of the Militia, until the Thirtieth Day of June One thousand eight hundred and thirtytwo;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Llanelly Tithes Bill.

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

To return the Bill, intituled, "An Act for extinguishing Tithes, and Customary Payments in lieu of Tithes, within the Parish of Llanelly, in the County of Carmarthen, and for making Compensation in lieu thereof;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Kidwelly Roads Bill.

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

To return the Bill, intituled, "An Act for repairing and improving the several Roads within the Kidwelly District of Roads in the County of Carmarthen, and for making new Lines of Road within the said District, and building a Bridge across the River Lloughor at Spitty Bank, and a Bridge or Embankment across the River Gwendraith Fawr at the Ford;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Magistrates struck out of the Commission, (Ireland.) Return of, Ordered.

Ordered, That there be laid before this House, "A Return of the Names and Residences of all Magistrates who have been struck out of the Commission of the Peace in Ireland during the last Four Years, ending June 1831."

Augmentation of Ecclesiastical Benefices Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to extend the Provisions of an Act passed in the Twenty-ninth Year of the Reign of His Majesty King Charles the Second, intituled, "An Act for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies;" and for other Purposes;" and for the Lords to be summoned;

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 several Amendments thereto; which he was ready to report, when the House will please to receive the same."

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

Frauds on Creditors Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to prevent Debtors from defrauding their Creditors by lying in Prison or absconding from England;" and for the Lords to be summoned;

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

Which being objected to;

After Debate,

Debate on 3 a adjourned.

Ordered, That the further Debate on the said Motion be put off to Tuesday the 23d of this instant August.

Churches Building Bill.

Ordered, That the Bill, intituled, "An Act to amend and render more effectual an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty, intituled, "An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes;" be read the Third Time on Monday next; and that the Lords be summoned.

Com ee on the Library, Ld. Auckland added to:

Ordered, That The Lord Auckland be added to the Select Committee appointed to consider of some Additions to be made to the Library of this House, and of other Matters relating thereto.

Instruction to the Com ee.

Ordered, That it be an Instruction to the last-mentioned Committee to consider also of some Mode for more effectually ventilating this House.

British Manufactures exported to Portugal & France, Accounts of, Ordered.

Ordered, That there be laid before this House, "An Account of the Declared Value of all British Manufactures exported to Portugal every Year during the last Three Years:"

And also, "An Account of the Declared Value of all British Manufactures exported to France every Year during the last Three Years."

E. of Sefton's Claim, Ld. Foley sworn on.

The Lord Foley was sworn, at the Table, by The Lord Chancellor, in order to give Evidence before the Committee for Privileges, to whom the Petition of William Philip Earl of Sefton, in that Part of the United Kingdom called Ireland, praying, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred.

Maule's Petition claiming the Earldom of Panmure, &c.

The Lord Melbourne (by His Majesty's Command) presented to the House A Petition of William Maule Esquire to His Majesty, praying His Majesty, "That he may be declared and adjudged to be entitled to the Honor, Title and, Dignity of Earl of Panmure and Lord Maule of Brechin and Navar;" together with His Majesty's Reference thereof to this House.

Which Petition and Reference were read by the Clerk, and are as follow; (vizt.)

"To The King's Most Excellent Majesty.

"The humble Petition of William Maule Esquire, Heir Male and Representative of the Family of Maule of Panmure;

"Sheweth,

"That Thomas Maule of Panmure, who died at the End of the Sixteenth Century, had Two Sons, who left Issue, namely, Patrick Maule of Panmure, and Thomas Maule of Pitlivie.

"That by Letters Patent granted by His Majesty King Charles the First, bearing Date at Newcastle, the Third Day of August 1646, the said Patrick Maule of Panmure was created Earl of Panmure, Lord Brechin and Navar, under Limitation to Heirs Male of the Body.

The said Patrick Earl of Panmure had Two Sons, George and Henry: Henry left no Issue Male; and Earl Patrick, having died on or about the 22d Day of December 1661, was succeeded by his eldest Son George, who became Second Earl of Panmure.

"That His Majesty King Charles the Second, by Letters Patent bearing Date at Whitehall, the 2d Day of June 1664, renewed and extended the former Patent, by creating George, the Son and Heir of Patrick the First Earl, and his Heirs and Successors whomsoever succeeding to him in his Lands and Estates, [which then stood destined to Heirs Male of the Body, whom failing to Heirs Male whatsoever,] Earls of Panmure, Lords Maule of Brechin and Navar.

"George the Second Earl of Panmure died on or about the 24th Day of March 1671, leaving several Sons and Daughters, whereof Three Sons came to Age, namely, George, James and Harry; by the first of whom he was succeeded in his Titles and Estates.

"George the Third Earl died on or about the First Day of February 1686, and was succeeded by his Brother James Maule of Ballumbie, who became Fourth Earl of Panmure: Having engaged in the Rebellion of 1715, Earl James was, on the 7th May 1716, attainted of High Treason, and his Estates forfeited to the Crown: He died at Paris in the Year 1723, without Issue.

"Harry Maule, known as Harry Maule of Kellie, the Brother and next Heir of the forfeited Earl James, died in the Month of June 1734, and was succeeded in his Estates by his eldest Son William Maule, afterwards created an Irish Peer by the Title of Baron and Viscount Maule of Whitechurch, and Earl Panmure of Forth, with Limitation of the Honors to the Issue Male of his Brother John.

William Earl Panmure of Forth died in the Year 1782, without having been married; and John Maule, the only other remaining Son of Harry Maule of Kellie, died on or about the 2d Day of July 1781, also without having been married.

"By the Death of William Earl Panmure of Forth, the Descendants in the Male Line of Patrick the First Earl of Panmure became extinct, and the Representation of the Family opened to the Male Descendants of the said Thomas Maule of Pitlivie, the Second surviving Son of Thomas Maule of Panmure, the common Ancestor.

"Thomas Maule of Pitlivie was succeeded by his eldest Son Thomas, who was succeeded by his eldest Son William, who was succeeded by his eldest Son Henry, consecrated Bishop of Cloyne and afterwards of Meath in Ireland: Henry Bishop of Meath was succeeded by his Second Son James, his eldest Son Thomas having died Abroad unmarried: James was succeeded by his only Son Thomas, who was succeeded by his only Son William, Your Petitioner, who has been served and retoured Heir Male of the Family of Panmure.

"The Honorable William Ramsay Maule, who is now in Possession of the Panmure Estates, is Brother of the present Earl of Dalhousie, and is descended from Jean Maule, Daughter of Harry Maule of Kellie, who was married to a former Earl of Dalhousie: He possesses the Estates under a Deed of Settlement executed by William Earl Panmure of Forth, who acquired them by Purchase from The York Buildings Company, to whom they were sold by Government, and which Settlement is at present under Challenge in an Action depending in the Court of Session in Scotland, at the Instance of Your Petitioner, who, as Heir Male of the Family, claims a Part of the said Estates, under strict Deeds of Entail executed by Harry Maule of Kelly in the Year 1730.

"That Your Petitioner as such Heir Male, and being descended through Individuals not affected by the Attainder of Earl James, is the lawful Heir Male and Representative of the Family of Maule of Panmure, and as such has Right to the Honor, Title and Dignity of Earl of Panmure and Lord Maule of Brechin and Navar, conferred by the said Patent of His Majesty King Charles the Second in the Year 1664.

"Your Petitioner therefore most humbly prays

Your Majesty, That his Right may be allowed, and that he may be declared and adjudged to be entitled to the said Honor, Title and Dignity of Earl of Panmure and Lord Maule of Brechin and Navar.

"And Your Petitioner will ever pray.

"Wm. Maule."

Whitehall, 8th August 1831.

"His Majesty, being moved upon this Petition, is graciously pleased to refer the same to The Right Honorable The House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"Melbourne."

Ordered, That the said Petition, with His Majesty's Reference thereof to this House, be referred to the Consideration of the Lords Committees for Privileges; whose Lordships, having considered thereof, and heard such Persons concerning the same as they shall think fit, are to report their Opinion thereupon to the House.

Mrs. Turton's Divorce Bill.

The Order of the Day being read for the further Consideration of the Bill, intituled, "An Act to dissolve the Marriage of Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned;" and for the Lords to be summoned;

Ordered, That the further Consideration of the said Bill be put off to Tuesday next; and that the Lords be summoned.

Adjourn.

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