House of Lords Journal Volume 64: 15 February 1832

Die Mercurii, 15° Februarii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Grahame v. Alison et al.

The Answer of John Alison and John Brown, and the said John Alison, Mrs. Jane Alison or Laing, Mrs. Isabella Harrison or Leighton, and James Leighton her Husband, for himself and his Interest, and Miss Elizabeth Alison, the Children of the said deceased Colin Alison, as representing him, to the Petition and Appeal of Francis Grahame Esquire, of Morphie, presently residing at Ravelrig, near Currie, by Edinburgh, in Scotland, was this Day brought in.

Hardingston Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road from Hardingston to Old Stratford, in the County of Northampton."

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 Tomorrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Ipswich Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing and otherwise improving the Road from Ipswich to Stratford Saint Mary, in the County of Suffolk."

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 Tomorrow, at the usual Time and Place; and to adjourn as they please.

Burford Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually improving the Road from Burford to Banbury, in the County of Oxford, and from Burford to the Road leading to Stow, in the County of Glou- cester, and from Swerford Gate, in the County of Oxford, to the Road in Aynho, in the County of Northampton; and for making a new Branch of Road to communicate with the same."

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 Tomorrow, at the usual Time and Place; and to adjourn as they please.

Liverpool Marine Assurance Co's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling The Liverpool Marine Assurance Company to sue and be sued in the Name of the Chairman for the Time being, or of any One of the Directors of the said Company."

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 Sir Giffin Wilson and Mr. Martin;

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

Manerowen Inclosure Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing Lands in the Parish of Manerowen, in the County of Pembroke," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Berners Peerage, Witnesses to attend with Documents.

Ordered, That the Registrar, Deputy Registrar or other proper Officer belonging to the Court of The Right Reverend The Lord Bishop of Norwich, do attend this House on Thursday the 1st of March next, to be sworn, in order to his being examined as a Witness before the Committee for Privileges, to whom the Petition of Robert Wilson of Didlington and of Ashwellthorpe, in the County of Norfolk, Esquire, One of the Co-heirs and eldest Representative of the ancient Barony of Berners, to His Majesty; praying, "That His Majesty will be graciously pleased to admit and allow his Claim as One of the right Heirs to the said Barony of Berners, and to terminate the Abeyance by issuing to the Petitioner a Writ of Summons to the Parliament of the United Kingdom;" 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 attend the said Committee on Friday the 2d of March next, and do bring with him the Transcript of the Register of Burials performed in the Parish of Trowse, near the City of Norwich, in and for the Year 1708, and also the original Will of Dame Mary Knyvett, dated 16th October 1710, (proved 5th August 1713,) in order to their being produced before the said Committee.

Ordered, That the Minister of the Parish of East Lavant, near Chichester, in the County of Sussex, or other Person having the Custody of the Registers of the said Parish, do attend this House on Thursday the 1st of March next, to be sworn, in order to his being examined as a Witness before the said Committee for Privileges; and that he do attend the said Committee on Friday the 2d of March next, and do bring with him the Register of Marriages of the said Parish for the Year 1757, in order to its being produced before the said Committee.

Ordered, That the Minister of the Parish of Saint Stephens, in the City of Norwich, or other Person having the Custody of the Registers of the said Parish, do attend this House on Thursday the 1st of March next, to be sworn, in order to his being examined as a Witness before the said Committee for Privileges; and that he do attend the said Committee on Friday the 2d of March next, and do bring with him the Register or Registers containing Entries of the Marriages of Elizabeth and Lucy Knyvett, performed in the said Church in the Years 1720 and 1721, in order to their being produced before the said Committee.

Ordered, That the Minister of the Parish of Heigham, near the City of Norwich, or other Person having the Custody of the Registers of the said Parish, do attend this House on Thursday the 1st of March next, to be sworn, in order to his being examined as a Witness before the said Committee for Privileges; and that he do attend the said Committee on Friday the 2d of March next, and do bring with him the Register of Baptisms of the said Parish for the Years 1726 and 1728, in order to their being produced before the said Committee.

Ordered, That the Minister of the Parish of Lakenham, near the City of Norwich, or other Person having the Custody of the Registers of the said Parish, do attend this House on Thursday the 1st of March next, to be sworn, in order to his being examined as a Witness before the said Committee for Privileges; and that he do attend the said Committee on Friday the 2d of March next, and do bring with him the Register of Baptisms of the said Parish for the Year 1700, in order to its being produced before the said Committee.

Ordered, That the Minister of the Parish of Trowse, near the City of Norwich, or other Person having the Custody of the Registers of the said Parish, do attend this House on Thursday the 1st of March next, to be sworn, in order to his being examined as a Witness before the said Committee for Privileges; and that he do attend the said Committee on Friday the 2d of March next, and do bring with him the Registers of Burials of the said Parish for the Years 1696, 1697, 1708, 1731 and 1741, in order to their being produced before the said Committee.

Ordered, That the Minister of the Parish of Saint John Sepulchre, in the City of Norwich, or other Person having the Custody of the Registers of the said Parish, do attend this House on Thursday the 1st of March next, to be sworn, in order to his being examined as a Witness before the said Committee for Privileges; and that he do attend the said Committee on Friday the 2d of March next, and do bring with him the Registers of Baptisms of the said Parish for the Years 1692 and 1694, in order to their being produced before the said Committee.

Ordered, That the Registrar, Deputy Registrar and Keeper of the Papers, or other proper Officer belonging to the Prerogative Court of His Grace The Archbishop of Canterbury, do attend this House on Thursday the 1st of March next, to be sworn, in order to his being examined as a Witness before the said Committee for Privileges; and that he do attend the said Committee on Friday the 2d of March next, and do bring with him the original Wills of Emma Knyvet, dated the 1st of April 1658, and proved the 10th of May following; also of Sir John Knyvet, dated the 16th of May 1673, and proved the 13th of February following; also of Paston Knyvet, dated the 15th of May 1727, and proved the 25th of June following; also of John Knyvet, dated the 29th of May 1729, and proved the 25th of November 1731; also of John Knyvet, dated the 22d of April 1733, and proved in July 1741; also the Will and Codicil of Catherine Lady Berners, dated the 17th of February 1740, and proved the 9th of December 1747; and also the original Will of Elizabeth Wilson, dated in May 1756, and proved the 29th of August 1757; and in case such original Wills do not exist, then that he do bring with him the recorded Copies remaining in the said Prerogative Office, in order to their being produced before the said Committee.

Browne v. W. & D. Tighe, Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of William Frederick Fownes Tighe and Daniel Tighe, Respondents in a Cause depending in this House, to which William Browne Esquire is Appellant; praying, "That their Lordships will be pleased to allow their Case to be received within such Time as their Lordships shall think fit to appoint:"

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

Sir W. Eliott et al. v. E. of Minto.

The House being informed, "That Gilbert Earl of Minto, Respondent to the Appeal of Sir William Francis Eliott Baronet, and others, had not put in his 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 Respondent do put in his Answer to the said Appeal peremptorily within a Week.

Alison et al. v. Grahame.

Upon reading the Petition and Cross Appeal of John Alison, Writer to the Signet, residing in Montrose; Mrs. Jane Alison or Laing, Widow of John Laing, sometime Merchant in Montrose; Mrs. Isabella Alison or Leighton, Wife of James Leighton, Town Clerk of Montrose, and the said James Leighton for his Interest; and Miss Elizabeth Alison, residing in Montrose, Children of the deceased Colin Alison, Writer in Montrose; and John Brown, Writer in Edinburgh; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 11th, signed 15th, of June 1830, in so far as it "finds the Petitioners liable to Francis Grahame in repetition of the Expence of expeding the Charter and Sasine mentioned in the Pleadings, and does not find them entitled to Decreet of Absolviter to their full Expences; the said John Alison in so far as he is thereby found liable in the Expence of the Charter and Sasine, and that he was not assoilzied from the said Action, and found entitled to his Expences; and the other Petitioners in so far as their Defences have not been sustained, and they found entitled to their Expences;" and also of Three Interlocutors of the Lords of Session there, of the First Division, dated respectively the 3d, and signed the 4th Day of December 1830, in so far as they do not find the Petitioners entitled to their full Expences, and also in so far as they "find the said John Alison liable in repetition of the Expences of the Charter and Sasine mentioned in the Pleadings, and do not find him entitled to Decreet of Absolviter, and also to his Expences;" and praying, "That the same may be reversed, varied or altered, so far as complained of, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Francis Grahame of Morphie may be required to answer the said Appeal:"

It is Ordered, That the said Francis Grahame may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Wednesday the 14th Day of March 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.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Contagious Diseases (Ireland) Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend Two Acts passed in the Fiftyeighth and Fifty-ninth Years of the Reign of His Majesty King George the Third, for establishing Fever Hospitals and for preventing contagious Diseases in Ireland."

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."

Order for 3 a.

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

Baking Trade (Ireland) Bill referred to a Select Com ee.

Ordered, That the Bill, intituled, "An Act to regulate the Baking Trade in Ireland," be referred to a Select Committee to enquire into the Expediency or Inexpediency of the Regulations therein contained, pursuant to the Standing Order No. 198; and to report to the House.

The Lords following were named of the said Committee:

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

Adjourn.

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