House of Lords Journal Volume 64: 16 August 1832

Die Jovis, 16° Augusti 1832.

REX.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ewing v. H & N. M'Kenzie.

The House being informed, "That Helen M'Kenzie or Cullen and Nicol M'Kenzie, Respondents to the Appeal of William Ewing Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And an Affidavit of the due Service of the said Order being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily within a Week.

Fuller to enter into a Recogce on Amphlett's et al. Appeal.

The House being moved, "That Frederick James Fuller of Regent Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Lydia Amphlett, and others, on account of their Appeal depending in this House:"

The same was agreed to; and Ordered accordingly.

Tithes Composition (Ireland) Act, Petition of Council of National Political Union against

A Petition of the Persons whose Names are thereunto subscribed, Members of the Council of the National Political Union, was presented and read; praying, "That their Lordships will not give their Sanction to the Bill for making the Irish Tithe Composition Act compulsory throughout that Country, but that they will be pleased to pass an Act to put an End to the disgraceful, sanguinary and cruel Litigations of the Clergy with the People, confining the former to the Enjoyment of their Landed Estates, and relieving the latter from the vexatious Humiliations and severe Privations to which they are now subjected by Clerical Exaction and Rapacity, and which, if permitted to be continued, will inevitably induce so strong a Feeling of Disgust and Hostility towards the Clergy, as to lead to Measures of Resistance to their Demands in this Country similar to those adopted with such complete Success in Ireland:"

Ordered, That the said Petition be received as the Petition of the Individuals who have signed it.

State of Poland, Petition from Bridgwater respecting.

Upon reading the Petition of the Inhabitants of Bridgwater and its Neighbourhood, in the County of Somerset, whose Names are thereunto subscribed; praying their Lordships "to take into Consideration the State of Poland, and to insist, as the Honour and Interests of Great Britain and the Faith of Treaties require, upon the Restoration of the Independence of Poland and the Provinces incorporated with Russia, but not in such a Manner as to allow them to remain under the Dominion of the faithless and cruel Czar, who, by violating the Conditions of the Treaty of Vienna, has forfeited his Title to the Crown of Poland, and who, if allowed to retain Possession of that Country, will only provoke new Acts of Resistance by his Oppression, and renew the Scenes of Civil War and Desolation, disgraceful to a civilized Age, dangerous to the Peace of Europe, and afflicting to Humanity:"

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

Poor Laws, Petition of Society for Encouragement of Industry, &c. for Introduction of, into Ireland.

A Petition of the Society for Encouragement of Industry and Reduction of Poor's Rates, King's Head Tavern, Poultry, was presented and read; praying their Lordships, "That, for the Tranquillity and permanent Welfare of Ireland and of the United Kingdom, an Act be passed for the levying a Rate on Proprietors of Lands and Houses, and certain Descriptions of Tenantry, in Ireland, for the Relief of the Poor of that Country:"

Ordered, That the said Petition be received as the Petition of "Benjamin Wills Honorary Secretary," who only has signed it.

Crowder v. Watson et al:

The House proceeded to take into further Consideration the Cause wherein Mrs. Elizabeth Rebecca Crowder or Turnley is Appellant, and James Watson, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel for the Appellant on Monday last upon the Petition and Appeal of Mrs. Elizabeth Rebecca Crowder or Turnley, Wife of Charles William Turnley of the Parish of Islington, in the County of Middlesex, and present Prisoner in the Jail of Glasgow; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, dated 19th Day of November 1831; and also of an Interlocutor of the Lord Ordinary there, dated 20th Day of January 1832; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Robert Watson and Gilbert Watson, Bankers in Glasgow, carrying on Business there under the Firm of James and Robert Watson, put in to the said Appeal; and Counsel appearing for the Respondents, the Counsel were directed to withdraw; and due Consideration had this Day of what was offered by the Appellant in this Cause:

Interlocutors Affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House, and that the Interlocutors therein complained of, be, and the same are hereby Affirmed.

Rhodes v. De Beauvoir:

The House proceeded to take into further Consideration the Cause wherein William Rhodes is Appellant, and Richard Benyon De Beauvoir is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Friday the 16th, Monday the 19th, Friday the 23d, Monday the 26th and Friday the 30th Days of March last, as on Monday the 2d and Thursday the 5th Days of April last, upon the Petition and Appeal of William Rhodes, complaining of a Decree of the Court of Chancery, of the 12th of January 1829, but which Decree was not enrolled until the 30th of December 1829, made in Two certain Causes, in the First of which Richard Benyon De Beauvoir was Plaintiff, and William Rhodes, Thomas Tebbutt the elder, Thomas Tebbutt the younger, John Tebbutt, and His Majesty's Attorney General, were Defendants; and in the Second the said William Rhodes was Plaintiff, and the said Richard Benyon De Beauvoir Defendant; and praying, "That the said Decree might be reversed or varied, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Richard Benyon De Beauvoir put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Cause remitted, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Cause be remitted back to the said Court of Chancery, with Instructions to His Honor The Vice Chancellor to give the necessary Directions, according to the Course of the said Court, for the framing of Issues for Trial in a Court of Law, of which the following is to be the Substance; that is to say,

1. Was the Lease obtained by Fraud and Imposition?

2. Did P. Beauvoir know when he executed the Agreement that Tebbutt was Rhodes's Solicitor as well as his own in this Matter?

3. Was the Lease granted at an Under Value, supposing Rhodes had been a Stranger?

4. Did P. Beauvoir intend to favor Rhodes in the Lease?

5. Was the Lease granted at an Under Value, supposing P. Beauvoir intended to favor Rhodes?

And it is further Ordered, That the said Vice Chancellor do give Directions as to the Examination of any particular Person or Persons, or the reading of any particular Depositions, and generally make such Orders and give such Directions relative to the Trial of such Issues as he shall think proper, and do also make such Orders respecting the Proceedings now pending in the said Causes, or any of them, and respecting the future Proceedings therein, as shall be just and consistent with this Judgment.

Income of The Ld. Chancellor, Account of, delivered.

The House being informed, "That Mr. Leonard Edmunds, Purse-bearer to The Lord Chancellor attended;"

He was called in; and delivered at the Bar, pursuant to an Order of Tuesday last,

"An Account of the Income of The Lord Chancellor from the 1st Day of January 1831 to the 1st Day of January 1832, with the Sources from whence the same was derived."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Ordered, That the said Account be printed.

The King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes,) commanded the Gentleman Usher of the Black Rod, through the Deputy Lord Great Chamberlain, to let the Commons know, "It is His Majesty's Pleasure that they attend Him immediately in this House."

Who being come, with their Speaker;

He, after a Speech to His Majesty, delivered the Money Bill to the Clerk, who brought it to the Table, where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow; (viz ^t.)

Bills passed:

1. "An Act to apply a Sum out of the Consolidated Fund and the Surplus of Ways and Means to the Service of the Year One thousand eight hundred and thirty-two; and to appropriate the Supplies granted in this Session of Parliament."

To this Bill the Royal Assent was pronounced by the Clerk Assistant, in these Words; (viz ^t.)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

2. "An Act for enabling His Majesty to direct the Issue of Exchequer Bills to a limited Amount, for the Purposes and in the Manner therein mentioned; and for giving Relief to Trinidad, British Guiana and St. Lucie."

3. "An Act to provide for the Salaries of certain High and Judicial Officers, and of Payments heretofore made out of the Civil List Revenues."

4. "An Act to enable His Majesty to carry into Effect a Convention made between His Majesty and The King of the French, and Emperor of all the Russias, and The King of Bavaria."

5. "An Act for making Provision for The Lord High Chancellor of England, in lieu of Fees heretofore received by him."

6. "An Act for abolishing the Punishment of Death in certain Cases of Forgery."

7. "An Act to repeal the Duties under the Management of the Commissioners of Stamps on Stage Carriages and on Horses let for Hire in Great Britain, and to grant other Duties in lieu thereof; and also to consolidate and amend the Laws relating thereto."

8. "An Act to explain certain Provisions in Local Acts of Parliament relating to Double Toll on Turnpike Roads."

9. "An Act to amend the Law relating to the Appointment of Justices of the Peace and of Juries in the East Indies."

10. "An Act to amend Three Acts passed respectively in the Fourth, Fifth, and in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland; and to make such Compositions permanent."

11. "An Act to restrain for Five Years, in certain Cases, Party Processions in Ireland."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (viz ^t.)

"Le Roy le veult."

Then His Majesty was pleased to speak as follows; (viz ^t.)

His Majesty's Speech:

"My Lords, and Gentlemen,

"The State of the Public Business now enabling Me to release you from a further Attendance in Parliament, I cannot take leave of you without expressing the Satisfaction with which I have observed your Diligence and Zeal in the Discharge of your Duties, during a Session of extraordinary Labour and Duration.

"The Matters which you have had under your Consideration have been of the first Importance; and the Laws in particular, which have been passed for reforming the Representation of the People, have occupied, as was unavoidable, the greatest Portion of your Time and Attention. In recommending this Subject to your Consideration, it was My Object, by removing the Causes of just Complaint, to restore general Confidence in the Legislature, and to give additional Security to the settled Institutions of the State. This Object will, I trust, be found to have been accomplished.

"I have still to lament the Continuance of Disturbances in Ireland, notwithstanding the Vigilance and Energy displayed by My Government there, in the Measures which it has taken to repress them.

"The Laws, which have been passed, in conformity with My Recommendation at the beginning of the Session, with respect to the Collection of Tithes, are well calculated to lay the Foundation of a new System, to the Completion of which the Attention of Parliament, when it again assembles, will of course be directed.

"To this necessary Work My best Assistance will be given, by enforcing the Execution of the Laws, and by promoting the Prosperity of a Country, blessed by Divine Providence with so many natural Advantages. As conducive to this Object, I must express the Satisfaction which I have felt at the Measures adopted for extending generally to My People in that Kingdom, the Benefits of Education.

"I continue to receive the most friendly Assurances from all Foreign Powers; and though I am not yet enabled to announce to you the final Arrangement of the Questions, which have been so long depending between Holland and Belgium, and though, unhappily, the Contest in Portugal between the Princes of the House of Braganza still continues, I look with Confidence, through the intimate Union, which subsists between Me and My Allies, to the Preservation of the general Peace.

"Gentlemen of the House of Commons,

"I thank you for the Supplies which you have granted Me; and it is a great Satisfaction to me to find, notwithstanding large Deductions from the Revenue, occasioned by the Repeal of some of the Taxes, which pressed most heavily on My People, that you have been enabled, by the Exercise of a well-considered Economy in all the Departments of the State, to provide for the Service of the Year, without any Addition to the Public Burthens.

"My Lords, and Gentlemen,

"I recommend to you, during the Recess, the most careful Attention to the Preservation of the Public Peace, and to the Maintenance of the Authority of the Law, in your respective Counties.

"I trust that the Advantages enjoyed by all My Subjects, under our free Constitution, will be duly appreciated and cherished; that Relief from any real Causes of Complaint will be sought only through legitimate Channels; that all irregular and illegal Proceedings will be discountenanced and resisted; and that the Establishment of internal Tranquillity, and Order, will prove that the Measures which I have sanctioned have not been fruitless in promoting the Security of the State, and the Contentment and Welfare of My People."

Then The Lord Chancellor, having received Directions from His Majesty, said,

"My Lords, and Gentlemen,

Parliament Prorogued.

"It is His Majesty's Royal Will and Pleasure, That this Parliament be prorogued to Tuesday the 16th Day of October next, to be then here holden; and this Parliament is accordingly prorogued to Tuesday the 16th Day of October next."