House of Lords Journal Volume 64: 2 February 1832

Die Jovis, 2° Februarii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Bush et al. v. Locke, Appellants Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of John Bush, and others, Appellants in a Cause depending in this House, to which Susannah Locke is Respondent; praying, "That their Lordships will be pleased to order that the Petitioners may be at liberty to lay their printed Case upon the Table of the House:"

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

Smith Leave for a Divorce Bill:

A Petition of Josiah Smith, Cabinet Manufacturer, praying their Lordships, "That Leave may be given to bring in a Bill to dissolve his Marriage with Elizabeth his Wife, and to enable him to marry again," being offered to be presented to the House;

The House was informed, "That Mr. James Sadgrove was attending."

He was Ordered to be called in:

And being called in accordingly, and sworn at the Bar, delivered a Copy of the Proceedings for a Divorce a Mensâ et Thoro, and the Definitive Sentence of Divorce in the Consistory Court of The Bishop of London, intituled, "Smith against Smith," which he said he had examined with the Originals, and that the same were true Copies.

And then he withdrew.

Ordered, That the said Proceedings and Sentence do lie on the Table.

Then the said Petition was presented and read.

Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read:

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Josiah Smith with Elizabeth his Wife, and to enable him to marry again; and for other Purposes."

The said Bill was read the First Time.

Order for 2d Reading:

Ordered, That the said Bill be read a Second Time on Friday the 17th of this instant February, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Josiah Smith may be heard by his Counsel at the said Second Reading; to make out the Truth of the Allegations of the Bill; and that the said Elizabeth may have a Copy of the Bill, and that Notice be given her of the said Second Reading; and that she be at liberty to be heard by her Counsel what she may have to offer against the said Bill, at the same Time.

Petitioner to attend.

Ordered, That Josiah Smith do attend this House on Friday the 17th of this instant February, in order to his being examined upon the Second Reading of the Bill. intituled, "An Act to dissolve the Marriage of Josiah Smith with Elizabeth his Wife, and to enable him to marry again; and for other Purposes," if the House shall think fit, whether there has or has not been any Collusion, directly or indirectly, on his Part, relative to any Act of Adultery that may have been committed by his Wife; or whether there be any Collusion, directly or indirectly, between him and his Wife, or any other Person or Persons, touching the said Bill of Divorce, or touching any Proceedings or Sentence of Divorce had in the Ecclesiastical Court at his Suit, or touching any Action at Law which may have been brought by him against any Person for Criminal Conversation with his the said Josiah Smith's Wife; and also whether, at the Time of the Adultery of which he complains, his Wife was, by Deed, or otherwise by his Consent, living separate and apart from him, and released by him, as far as in him lies, from her conjugal Duty, or whether she was at the Time of such Adultery cohabiting with him, and under the Protection and Authority of him as her Husband.

Sir C. Cockerell et al. v. Cholmeley, Respondent's Petition for an early Day, referred to Appeal Com ee.

Upon reading the Petition of Francis Cholmeley, Respondent in a Cause depending in this House, to which Sir Charles Cockerell Baronet, and others, are Appellants; praying, "That their Lordships will be pleased to appoint this Cause to be heard on the next Day for hearing Appeals, or such early Day in the present Session, as may suit the Convenience of their Lordships House:"

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

Lockhart Leave for a Bill to take the Name of Wastie:

Upon reading the Petition of John Ingram Lockhart of Sherfield House, in the County of Southampton, Esquire, who has assumed the Surname of Wastie; praying their Lordships, "That Leave may be given to bring in a Bill for continuing, establishing and confirming to him the Surname and Arms of Wastie, pursuant to the Will of Francis Wastie Esquire, deceased:"

It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.

Bill read.

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act for continuing, establishing and confirming unto and upon John Ingram Lockhart Esquire the Surname and Arms of Wastie, pursuant to the Will of Francis Wastie Esquire, deceased."

The said Bill was read the First Time.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Panizzi's Naturalization Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Antonio Panizzi Esquire," 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, being read Twice by the Clerk, was agreed to by the House.

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

Treaty relative to the Netherlands delivered.

The Earl Grey, by His Majesty's Command, presented to the House,

"Treaty relative to the Netherlands; signed at London, November 15, 1831;" (with Translation.)

And the Title thereof being read by the Clerk;

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

Com ee on Tithes, (Ireland,) Witnesses to attend.

Ordered, That The Reverend Richard Langrishe and Thomas Bermingham Esquire do attend this House on Tuesday next, to be sworn, in order to their being examined as Witnesses before the Select Committee on Tithes, Ireland.

Irish Clergy, Order for Return respecting discharged, & Address for similar Papers.

It was moved, "That the Order made on Friday last, "That there be laid before this House, "A Return of the Residence and Non-Residence of the Irish Clergy, for the Year 1829, as communicated to the Privy Council," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

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, "A Return of the Residence and Non-Residence of the Irish Clergy for the Year 1829 and for the Year 1830, as far as the same can be made out, as communicated to the Privy Council."

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

Tithes, (Ireland,) Petition from Knockmark, &c. for Abolition of, referred to Com ee on Tithes, (Ireland.)

Upon reading the Petition of the resident Landholders of the Union of Knockmark and Culmullin, in the County of Meath, whose Names are thereunto subscribed; praying their Lordships, "That the present System of unjust Taxation, the Payment of Tithes, in Ireland, may be taken into their Lordships favorable Consideration, and abolished:"

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

Ordered, That the said Petition be referred to the Select Committee on Tithes, Ireland.

Arbitration Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for settling Controversies by Arbitration."

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.

Order for 3 a.

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

Anatomy, Petitions of Faculty of Physic, London, & School of Anatomy, Webb St. Southwark, for facilitating the Study of.

Upon reading the Petition of The President and Commonalty of the Faculty of Physic in London, under their Common Seal; praying, "That their Lordships will be pleased to consider the Expediency of repealing those Statutes which directly impede the Study of Anatomy, and of framing such new Enactments as may be best calculated to promote the honorable Pursuit of so indispensable a Science, an Object which they venture to submit might be amply provided for if the Statute which orders the Dissection of Murderers were repealed, and if the Bodies of Individuals on the Part of whom no Repugnance on the Subject had been expressed by themselves or their Friends were made available for the Purposes of Anatomy:"

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

Upon reading the Petition of the Teachers and Students of the School of Anatomy and Medicine, Webb Street, Southwark, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures for the Cultivation of Anatomy as may enable the Student to pursue his Science without Difficulty, and at the same Time secure the Public from the Danger of any Repetition of Crimes more atrocious and appalling than any which have ever before been committed in civilized Society:"

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

Embezzlements Prevention Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually preventing Embezzlements by Persons employed in the Public Service of His Majesty."

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.

Russian Dutch Loan, Motion to put a Question to the Judges respecting, made & withdrawn.

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

It was moved, "That the following Question be put to the Learned Judges; (vizt.) "Are the Commissioners of His Majesty's Treasury authorized by the Act 55 Geo. 3, C. 115, or by any other Law, to issue any Sum of Money from the Consolidated Fund of Great Britain, or any other Public Monies, in Payment of any Part of the Principal or Interest of the Loan mentioned in the said Act, at any Time after His Majesty The King of the Netherlands shall have ceased to exercise any Sovereign Authority in the Belgic Provinces, and shall have treated with the Persons exercising the Powers of Government therein; and after His Majesty shall have announced from the Throne to Parliament the Conclusion of a Treaty between His Majesty, in concurrence with certain other Powers of Europe, and The King of the Belgians; and shall have appointed a Minister to treat with the said King of the Belgians; and the Ministers of Great Britain, and of France, Austria, Russia and Prussia shall have treated with a Minister announcing himself as the Plenipotentiary of the said King?"

Which being objected to;

After long Debate,

The said Motion was (by Leave of the House) withdrawn.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tertium diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.