BHO

House of Lords Journal Volume 64: 18 June 1832

Pages 299-304

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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In this section

Die Lunæ, 18° Junii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Sussex.
Ds. Brougham
& Vaux,
Cancellarius.
Archiep. Armacan.
Epus. Londinen.
Epus. Bangor.
Epus. Bristol.
Epus. Glocestr.
Epus. Exon.
Epus. Cicestrien.
Epus. Hereford.
-
Ds. Holland.
Ds. Ducie.
Ds. Foley.
Ds. Montagu.
Ds. Tyrone.
Ds. Suffield.
Ds. Kenyon.
Ds. Douglas of Douglas.
Ds. Gage.
Ds. Auckland.
Ds. Selsey.
Ds. Yarborough.
Ds. De Dunstanville & Bassett.
Ds. Rolle.
Ds. Carbery.
Ds. Dunalley.
Ds. Redesdale.
Ds. Sheffield.
Ds. Barham.
Ds. Mont Eagle.
Ds. Crewe.
Ds. Hopetoun & Niddry.
Ds. Churchill.
Ds. Penshurst.
Ds. Somerhill.
Ds. Feversham.
Ds. Tenterden.
Ds. Stuart de Rothesay.
Ds. Rosebery.
Ds. Skelmersdale.
Ds. Wynford.
Ds. Fingall.
Ds. Howden.
Ds. Panmure.
Ds. Oakley.
Ds. Segrave.
Ds. Templemore.
Ds. Dinorben.
Ds. Amesbury.
March. Lansdowne, Præses.
Dux Grafton.
Dux Beaufort.
Dux Rutland.
March. Queensberry.
March. Tweeddale.
March. Westminster.
Comes Suffolk & Berkshire.
Comes Denbigh.
Comes Westmorland.
Comes Doncaster.
Comes Shaftesbury.
Comes Tankerville.
Comes Aylesford.
Comes De Lawarr.
Comes Radnor.
Comes Bathurst.
Comes Hillsborough.
Comes Clarendon.
Comes Norwich.
Comes Mansfield.
Comes Malmesbury.
Comes Wicklow.
Comes Caledon.
Comes Rosslyn.
Comes Limerick.
Comes Gosford.
Comes Charleville.
Comes Glengall.
Comes Eldon.
Comes Falmouth.
Comes Howe.
Comes Amherst.
Comes Camperdown.
Vicecom. Hood.
Vicecom. Gordon.
Ds. Melbourne, Unus
Primariorum Secretariorum.
Ds. Howard of Effingham.
Ds. Petre.
Ds. Saye & Sele.
Ds. Teynham.
Ds. Stafford.
Ds. Saltoun.
Ds. Colville of Culross.
Ds. Boyle.
Ds. King.

PRAYERS.

Reddie v. Syme.

After hearing Counsel fully in the Cause wherein John Reddie is Appellant, and David Syme Esquire is Respondent:

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

Sir C. Cockerell et al. v. Cholmeley.

Ordered, That the Cause where in Sir Charles Cockerell Baronet, and others, are Appellants, and Francis Cholmeley is Respondent, be heard by Counsel at the Bar on Wednesday next.

Mrs. Moffat's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Frances Moffat with William Palmer Moffat Esquire, and to enable her to marry again;" and for hearing Counsel for and against the same; and for the Lords to be summoned;

Counsel were accordingly called in:

And Mr. Serjeant Taddy and Mr. Richards appearing as Counsel on behalf of the Petitioner;

And no Counsel appearing for Mr. Moffat;

Mr. Serjeant Taddy was heard to open the Allegations of the Bill.

And William Edwin Thompson, John Harrison, Henry Berry, The Reverend William Pearson LL.D. and The Reverend Samuel Fennell having been examined as Witnesses in support of the Bill (fn. 1);

The Counsel were directed to withdraw.

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

Hastings Improvement Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for paving, lighting, watching, cleansing and improving the Town and Port of Hastings, in the County of Sussex, and for establishing and regulating Markets therein, and supplying the Inhabitants thereof with Water; and for other Purposes."

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

It was resolved in the Affirmative.

Glasgow & Carlisle Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for amending and enlarging the Powers and renewing the Term granted by certain Acts passed for improving the Communication between the City of Glasgow and the City of Carlisle."

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

It was resolved in the Affirmative.

Evan Water Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for amending and continuing the Acts relating to the Road from Elvan Foot, in the County of Lanark, to Beatock Bridge, in the County of Dumfries."

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 3 preceding Bills.

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

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

Consolidated Fund Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to apply the Sum of Four Millions out of the Consolidated Fund to the Service of the Year One thousand eight hundred and thirty-two."

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.

Exeter Improvement Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for better paving, lighting, watching, cleansing and otherwise improving the City of Exeter and County of the same City."

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

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

Nocton, &c. Drainage Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repealing Parts of, and amending and enlarging the Powers of other Parts of an Act for embanking and draining certain Fens and Low Lands in the Parishes of Nocton and Potterhanworth, in the County of Lincoln, and in the Parish of Branston, in the County of the City of Lincoln."

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

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

Rockingnam Forest Inclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for disafforesting and inclosing so much of the Forest of Rockingham as is situate within the Bailiwick of Rockingham, and for inclosing Open and Common Field Lands in Gretton, all within the County of Northampton."

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

Their Lordships, or any Five of them, to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.

Com ee on West India Colomes, Witnesses to attend.

Ordered, That The Reverend Mr. Barry and Lieutenant Colonel Hay do attend this House on Friday next, to be sworn, in order to their being examined as Witnesses before the Select Committee on the State of the West India Colonies.

Education, (Ireland,) Petition from Edinburgh against proposed Plan.

Upon reading the Petition of the Inhabitants of Edinburgh, whose Names are thereunto subscribed; praying their Lordships, "That no Grant of Public Money be made in Support of the Plan of Education for the Poor in Ireland announced in the Letter of The Chief Secretary for Ireland to The Duke of Leinster, dated in October 1831; and that no similar System may be carried into Effect:"

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

Prescription Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for shortening the Time of Prescription 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."

Ordered, That the said Bill be ingrossed.

Prescription (Tithes) Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for shortening the Time required in Claims of Modus decimandi, or Exemption from or Discharge of Tithes."

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.

Message to H.C. for 2d Report on Tithes (Ireland.)

Ordered, That a Message be sent to the House of Commons, to request that they will be pleased to communicate to this House a Copy of the Second Report made from the Select Committee appointed by that House on Tithes in Ireland.

Norfolk Assizes Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for holding the Assizes for the County of Norfolk, and for the City of Norwich and County of the same City, Twice in every Year at Norwich."

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 sent to the House of Commons, by the former Messengers;

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

Exeter & Crediton Railway Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for making and maintaining a Railway from the Basin of the Exeter Canal in the Parish of Saint Thomas the Apostle, in the County of Devon, to the Four Mills in the Parish of Crediton, in the said County," 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 made some Amendments thereto."

Which Amendments were read by the Clerk as follow; (vizt.)

"Pr. 16. L. 6. After ("aforesaid") insert ("and shall not deviate into any Lands belonging to or occupied by any Person whose Name is not mentioned in the Book of Reference so deposited as aforesaid")

"Pr. 19. L. 7. After ("them") insert ("him or her")

Pr. 191. L. 28. After ("for") insert Clause A.

"Clause A. Provided always, and be it further enacted, That it shall not be lawful for the said Company to proceed with any Part of the Embankments to be erected, or the Arch or Arches to any Bridge which may be constructed over the said River Exe, below Exe Bridge, for the Purposes of this Act, until James Walker of the City of Westminster, Civil Engineer, or in case of his Death, Incapacity, Refusal or Neglect to act for the Space of Three Calendar Months, Francis Giles of the same City, Civil Engineer, or in case of his Death, Incapacity, Refusal or Neglect for the Space of Three Calendar Months, William Cubitt of the same City, Civil Engineer, shall under his Hand and Seal have made and furnished a Report to the said Company, and also to the Inhabitants of Saint Thomas-theApostle, certifying that the said Embankments and Arch or Arches to any Bridge so proposed to be constructed by the said Company will not, when executed, cause any increased Floods in the said Parish of Saint Thomas-the-Apostle, or until he shall have laid down such Mode in the Execution of the aforesaid Works as will, in his Judgment, prevent any Increase of Flooding in or over any Part of the said Parish of Saint Thomas-the-Apostle; and the said Engineer shall have full Power and Authority, and he is hereby required, before he makes and completes his Report, to examine any Witness or Witnesses who shall be tendered to him by or on the Part of the said Company or Parish touching the Premises aforesaid: Provided nevertheless, that if a Surveyor who shall be appointed by the said Inhabitants of Saint Thomas-the-Apostle shall, as the Agent thereof, certify to the said Company, in Writing, that the said Inhabitants consent to the aforesaid Embankments and Arch or Arches below Exe Bridge being carried into Effect according to the present Plans, and such Report shall be made within Three Calendar Months next after the passing of this Act, it shall not be necessary for the said Company to call in the said Engineer to survey and report upon the Matters aforesaid, any thing herein-before contained to the contrary in anywise notwithstanding."

Then the First Amendment made by the Committee to the said Bill, being read a Second Time, was agreed to by the House, with the following Amendment:

At the End of the said Amendment insert ("nor in or upon any Parts of any Turnpike Roads not therein particularly mentioned and described")

The rest of the Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

Beverley, &c. Roads Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for maintaining certain Roads in the Neighbourhood of the Towns of Beverley, of Kingston-upon-Hull and of North Cave, called "The Beverley, Hessle and North Cave Turnpike Roads," 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 made One Amendment thereto."

Which Amendment was read by the Clerk as follows; (vizt.)

"Pr. 10. L. 25. After ("upon") insert ("each of")

And the said Amendment, being read a Second Time, was agreed to by the House.

King's County Assizes Bill, Petitions in favor of (Parsonstown:)

Upon reading the Petition of the Inhabitants of Parsonstown, whose Names are thereunto subscribed:

Also, Upon reading the Petition of the Inhabitants of the Town of Clara, in the King's County, whose Names are thereunto subscribed:

Clara: Magistrates, King's County.

And also, Upon reading the Petition of the Magistrates of the King's County, whose Names are thereunto subscribed; severally praying their Lordships, "That an Act may be introduced to authorize the Change of the Assizes from Philipstown to Tullamoore, and for building a Court House in the latter Town:"

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

King's County Assizes Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for holding the Assizes for the King's County, in Ireland, Twice in every Year, at Tullamoore, instead of Philipstown."

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.

Three Commotts Roads Bill.

A Message was brought from the House of Commons, by Sir James Williams and others;

With a Bill, intituled, "An Act for better maintaining certain Roads within the County of Carmarthen called The Three Commotts District of Roads;" and for making several Branches, Diversions and Extensions from such Roads;" to which they desire the Concurrence of this House.

Sunderland Dock Bill.

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

With a Bill, intituled, "An Act for making and maintaining a Wet Dock on the North Side of the River Wear, at or near the Entrance of the Port of Sunderland, in the County Palatine of Durham;" to which they desire the Concurrence of this House.

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

Lord Douglas's Estate Bill.

A Message was brought from the House of Commons, by Sir Andrew Agnew and others;

To return the Bill, intituled, "An Act for vesting in Archibald Lord Douglas of Douglas, or the Heir of Entail in Possession for the Time, certain detached Parts of the Douglas Estates in Fee-Simple, upon entailing certain other Lands equivalent in Value thereto," and to acquaint this House, That they have agreed to the same, without any Amendment.

Richardson's Estate Bill.

A Message was brought from the House of Commons, by Sir Andrew Agnew and others;

To return the Bill, intituled, "An Act to empower the Judges of the Court of Session in Scotland to sell such Part or Parts of the Entailed Estates belonging to John Richardson Esquire, of Pitfour, in the County of Perth, as shall be sufficient for Payment of the Debts and Provisions affecting the same;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Bp. of Durham's Bill.

A Message was brought from the House of Commons, by Sir Andrew Agnew and others;

To return the Bill, intituled, "An Act for separating the Rectory of Easington, in the County and Diocese of Durham, from the Archdeaconry of Durham, and annexing in lieu thereof a Prebend or Canonry founded in the Cathedral Church of Durham;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Fines & Recoveries Bill.

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

With a Bill, intituled, "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance in lieu thereof;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Limitation of Actions Bill.

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

With a Bill, intituled, "An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Inheritance Bill.

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

With a Bill, intituled, "An Act for the Amendment of the Law of Inheritance;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Curtesy Bill.

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

With a Bill, intituled, "An Act for the Amendment of the Law relating to the Estate of a Tenant by the Curtesy of England;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Sunderland Dock Bill, Petition against.

Upon reading the Petition of the several Persons, whose Names are thereunto subscribed, being Ship Owners, Merchants and Inhabitants of the Port of Sunderland near the Sea, in the County of Durham; taking notice of a Bill depending in this House, intituled, "An Act for making and maintaining a Wet Dock on the North Side of the River Wear, at or near the Entrance of the Port of Sunderland, in the County Palatine of Durham;" and praying their Lordships, "That the same may not pass into a Law as it now stands, but that the Petitioners may be heard by their Counsel, Agents and Witnesses against such Parts of the said Bill as may affect them:"

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

Resolutions of The East India Co. granting Salaries, &c. delivered.

The House being informed, "That Mr. Preston, from the Court of Directors of The East India Company, attended;"

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

"Resolutions of the Court of Directors of The East India Company, being the Warrants or Instruments granting any Salary or Gratuity:"

And also, "Resolutions of the Court of Directors of The East India Company, being the Warrants or Instruments granting any Pension."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Gravesend Pier Bill, Witnesses to attend.

Ordered, That William Cousens and Richard Mosse do attend this House To-morrow, to be sworn, in order to their being examined as Witnesses before the Committee to whom the Bill, intituled, "An Act for amending an Act passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act for rebuilding, or for improving, regulating and maintaining the Town Quay of Gravesend, in the County of Kent, and the Landing Place belonging thereto;" and for building a Pier or Jetty adjoining thereto; and for other Purposes connected therewith," stands committed.

Sir A. Chichester to enter into a Recogce on Marqs of Donegall's et al. Appeal.

The House being moved, "That Sir Arthur Chichester of Sackville Street, in the County of Middlesex, Baronet, may be permitted to enter into a Recognizance for George Augustus Marquess of Donegall, and others, on account of their Appeal depending in this House:"

The same was agreed to; and Ordered accordingly.

Tithes, Petition from Landulph, &c. for Abolition of, &c.

Upon reading the Petition of the Owners and Occupiers of Land in the Parishes of Landulph and Botusfleming, in the County of Cornwall, and several other Parishes adjacent, whose Names are thereunto subscribed; praying their Lordships "to remove the intolerable Burthen of the Tithe System; to restore to the People of England their ancient Right over Tithes as Public Property; to remove all Ecclesiastics from Political Power; to disunite Church and State; and to allow every Parish to choose its own Minister; and that their Lordships will suspend all Proceedings against their Irish Brethren respecting Tithes:"

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

Tithes & Vestry Laws, (Ireland,) Petitions for Abolition of: (Kilrossenty:)

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Kilrossenty, in the County Waterford, Ireland, whose Names are thereunto subscribed; praying their Lordships "to take the Tithe System promptly into their Consideration, with a view to the total Abolition of that grievous Impost:"

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

Moynalty:

Upon reading the Petition of the Landholders and Inhabitants of the Parish of Moynalty, County of Meath, whose Names are thereunto subscribed; praying their Lordships "to support the Protestant Clergy out of the immense Wealth of the Church Establishment of Ireland; to repeal the unjust and insulting Vestry Laws; and by a total and unequivocal Abolition of the Tithe System, to promote on the one Hand the Peace, Happiness and Prosperity of the People, and on the other the Strength, Stability and Security of the Empire:"

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

Kilcloone & Radenstown.

Upon reading the Petition of the Inhabitants of the United Parishes of Kilcloone and Radenstown, County of Meath, Ireland, whose Names are thereunto subscribed; praying, "That their Lordships will relieve the Petitioners from the vexatious and intolerable Burden of Tithes, and render Ireland thereby a happy and contented Country, making her what she has been emphatically called by a modern Historian, and what, under proper Treatment, she will inevitably prove herself to be, the Right Arm of the British Empire:"

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

Education, (Ireland,) Petition of Political Union, Enniscorthy, in favor of proposed Plan.

Upon reading the Petition of the Members of the Political Union of Enniscorthy, in the County of Wexford, Ireland; praying their Lordships "to afford every Facility for carrying the wise Plan of Education proposed by His Majesty's Ministers into practical Operation, convinced as the Petitioners are, that nothing can tend more to abolish the Heart-burnings and Party Feuds which have hitherto disgraced their National Character than a System by which the Children of all Creeds may be educated as one great Family, creating Habits of Affection in early Life, which will ripen into Maturity in Manhood:"

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

Reform (Scotland) Bill, Petition of Freeholders of Linlithgowshire for Compensation.

Upon reading the Petition of the Freeholders of the County of Linlithgow, Vassals of the Crown, entitled in virtue of their Rights and Superiorities to elect and be elected Commissioners to Parliament for the said County, whose Names are thereunto subscribed; taking notice of a Bill "to amend the Representation of the People in Scotland;" and praying their Lordships "to enquire into the Nature and Constitution of the Petitioners Rights; to receive Evidence of the Facts; to hear the Petitioners thereon by Counsel; and to give the Petitioners Compensation for the great and serious Loss of Property which they must sustain if the said Bill should pass into a Law:"

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

Representative Peers (Scotland) Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to enable Peers of Scotland to take and subscribe in Ireland the Oaths required for qualifying them to vote in any Election of the Peers of Scotland."

And the said Amendments, being read Twice by the Clerk, were agreed to by the House.

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

Order for 3a.

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

Churches Building Act Amendment Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to render more effectual an Act passed in the Fifty-ninth Year of His late Majesty King George the Third, intituled, "An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes."

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 To-morrow.

Ecclesiastical Corporation Lands Bill.

Ordered, That the House be again put into a Committee upon the Bill, intituled, "An Act to authorize the identifying of Lands and other Possessions of certain Ecclesiastical and Collegiate Corporations," on Monday next.

Gravesend Pier, Paper respecting Erection of, Ordered.

Ordered, That there be laid before this House, "A Copy of the Resolution of the Committee of Thames Navigation in relation to the Erection of a Pier at Gravesend."

Jamaica, Address for Copy of Ld. Goderich's

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,

Dispatch to E. of Belmore.

"A Copy of the Dispatch from Lord Goderich to The Earl of Belmore, dated November 1, 1831."

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

Court of Exchequer (Scotland) Bill read 3a:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for making Provision for the Dispatch of the Business now done by the Court of Exchequer in Scotland;" and for the Lords to be summoned;

The said Bill was accordingly read the Third Time.

Then it was moved, in Press 3, Lines 12, 13 and 14, "to leave out ("or any of the other Barons of the said Court")

Which being objected to;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 3, Line 16, "to leave out ("Provisions") and insert ("Provision")

Which being objected to;

The Question was put, "Whether the Word proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 3, Line 17, "to leave out from ("made") to ("for") in Line 19."

Which being objected to;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 3, Lines 20 and 21, "to leave out ("and other Barons of the said Court")

Which being objected to;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 3, Line 38, "to leave out ("any") and insert ("the said Lord Chief Baron and of either")

Which being objected to;

The Question was put, "Whether the Word proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 4, Line 4, "to leave out from ("be") to ("And") in Line 29."

Which being objected to;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 4, Line 29, "after ("Exchequer") to insert the following Clause:

And be it further enacted, That it shall be competent to the remaining Barons or Baron of this Court to exercise the whole Jurisdiction and Powers of the Court of Exchequer, any Law or Practice to the contrary notwithstanding: Provided always, that after the Number of the Barons shall be so reduced it shall be competent to the said Court, when deemed expedient, to require of the Lord President of the Court of Session that One Judge of that Court shall be directed to attend the Court of Exchequer; and on receiving such Requisition, One of the ordinary Judges of the Court of Session shall attend the said Court of Exchequer, and shall have Voice and Vote in all Matters then to be brought before the said Court in the same Way and in all respects as if such Judge were a Baron of the Court of Exchequer."

Which being objected to;

The Question was put, "Whether the said Clause shall be there inserted?"

It was resolved in the Negative.

Bill passed:

Then 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 sent to the House of Commons, by the former Messengers;

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

Salaries of Officers of the House, Account of, to be printed.

Ordered, That the Account of all Salaries, Profits, Pay, Fees and Emoluments held and enjoyed by the Clerks and Officers of this House, between the 5th January 1829 and 5th January 1830, the Total Amount of which shall exceed £1,000; specifying with each Name the Total Amount received by each Individual, and distinguishing the various Sources from which the same are derived, delivered to the House on the 17th of December 1830, be printed.

Ld. Macdonald v. A. Macdonald et al.

Upon reading the Petition and Appeal of The Right Honorable Godfrey Bosville Lord Macdonald, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 19th of January 1832, excepting in so far as it sustains the Defences in regard to the Interest of the Sums sued for, prior to the 19th of June 1824; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 29th of May 1832, under the same Exception; and praying, "That the same may be reversed, varied, or altered, so far as complained of, 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 The Honorable Archibald Macdonald, Dudley Stewart Erskine Macdonald, and Dame Diana Macdonald, now Sinclair, The Right Honorable Sir John Sinclair of Ulbster, Baronet, and Vans Hathorn, Writer to the Signet, as Mandatory for the said Archibald and Dudley Stewart Erskine Macdonald, may be required to answer the said Appeal:"

It is Ordered, That the said Archibald Macdonald, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 16th Day of July 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.

Ld. Macdonald v. D. S. Macdonald & Hathorn.

Upon reading the Petition and Appeal of The Right Honorable Godfrey Lord Macdonald, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 19th January 1832; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 9th May 1832; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that The Honorable Dudley Stewart Erskine Macdonald and Vans Hathorn, Writer to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said Dudley Stewart Erskine Macdonald and Vans Hathorn 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 16th Day of July 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.

Henry v. M'Ewan.

Upon reading the Petition and Appeal of Lieutenant Colonel Robert Henry of Woodend, in the County of Perth, Scotland; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 25th of May and 5th of June 1832; and praying, That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Alexander M'Ewan, residing at Ardbenny, in the County of Perth, may be required to answer the said Appeal:"

It is Ordered, That the said Alexander M'Ewan may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 16th Day of July next; and Service of this Order upon the said Respondent, or upon any one of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Ld. Macdonald v. A. Macdonald et al.

Upon reading the Petition and Appeal of The Right Honorable Godfrey Bosville Lord Macdonald, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 19th January 1832; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 29th May 1832; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that The Honorable Archibald Macdonald, Sir John Sinclair and Vans Hathorn, Writer to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said Honorable Archibald Macdonald, Sir John Sinclair and Vans Hathorn 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 16th Day of July 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.

Adjourn.

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

Footnotes

  • 1. The Evidence of these Witnesses is printed in the Appendix to this Volume, Appendix No. 3. C.