Journal of the House of Lords: Volume 62, 1830. Originally published by His Majesty's Stationery Office, London, [n.d.].
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'House of Lords Journal Volume 62: 23 March 1830', in Journal of the House of Lords: Volume 62, 1830( London, [n.d.]), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol62/pp142-149 [accessed 22 December 2024].
'House of Lords Journal Volume 62: 23 March 1830', in Journal of the House of Lords: Volume 62, 1830( London, [n.d.]), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol62/pp142-149.
"House of Lords Journal Volume 62: 23 March 1830". Journal of the House of Lords: Volume 62, 1830. (London, [n.d.]), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol62/pp142-149.
In this section
Die Martis, 23 Martii 1830.
DOMINI tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Gardiner v. Simmons.
The Answer of Stephen Simmonds to the Petition and Appeal of William Spells Gardiner was this Day brought in.
Brown v. Bertram & Watson:
After hearing Counsel, as well on Tuesday last as this Day, upon the Petition and Appeal of George Brown, sometime Tenant at Chisters, now at Halls near Haddington; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 21st of June 1825, excepting in so far as it alters the Lord Ordinary's previous Interlocutor of 9th July, and sustains the Petitioner's Right to Credit for the said Account of Six hundred and seventy-one Pounds Eleven Shillings and Ten-pence, without any further Production of Vouchers; also of Two Interlocutors of the Lords of Session there, of the Second Division, of the 16th of January 1827 and the 19th of January 1828, excepting in so far as by the said Interlocutor their Lordships found the taxed Account of the Expences due to the Petitioner amounted to Seventy-one Pounds Four Shillings and Ten-pence; also of Three Interlocutors of the said Lord Ordinary, of the 20th and 27th of November and 11th of December 1827; and also of an Interlocutor of the said Lords of Session, of the 23d of February 1828; and praying, "That the same might be reversed, varied or altered, so far as complained of, 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 William Bertram and John Watson, Trustees of the deceased Robert Paterson, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutors Affirmed, with Costs.
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: And it is further Ordered, That the Appellant do pay or cause to be paid to the said Respondents the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.
Ld. Provost of Edinburgh et al. v. Bruce et al.
After hearing Counsel, in Part, in the Cause wherein The Lord Provost of the City of Edinburgh, and others, are Appellants, and William Bruce, and others, are Respondents:
It is Ordered, That the further Hearing of the said Cause be put off to Tuesday next.
Ouchterlony v. Ld. Lynedoch, & Macdonald.
Ordered, That the Hearing of the Cause wherein John Ouchterlony Esquire is Appellant, and General Thomas Lord Lynedoch and William Macdonald Esquire are Respondents, which stands appointed for this Day, be put off to Tuesday next.
Bills passed by Commission.
The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."
The House was adjourned during Pleasure.
The House was resumed.
Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, The Lord Chancellor in the Middle, with The Lord Archbishop of Canterbury on his Right Hand, and The Earl of Shaftesbury on his Left; commanded the Officiating Yeoman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."
Who being come, with their Speaker;
The Lord Chancellor said,
"My Lords, and Gentlemen of the House of Commons,
His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."
Then the said Commission was read by the Clerk as follows; (viz t.)
"GEORGE R.
GEORGE the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas in Our said Parliament divers and sundry Acts have been agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say) "An Act for continuing to His Majesty, for One Year, certain Duties on Personal Estates, Offices and Pensions in England, for the Service of the Year One thousand eight hundred and thirty:" "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters:" "An Act for the Regulation of His Majesty's Royal Marine Forces while on Shore:" "An Act for more effectually repairing the Roads to and from Longtown, and certain other Roads communicating therewith, in the County of Cumberland:" "An Act for inclosing Lands in the Parishes of Kingston, near Lewes, and Iford, in the County of Sussex." And albeit the said Acts, by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; And for as much as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the accustomed Place for giving Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and, Commons aforesaid, as to all others whom it may concern; Commanding also by these Presents Our well-beloved and faithful Councillor John Singleton Lord Lyndhurst, Our Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain, to seal these Our Letters Patent with Our Great Seal of Our United Kingdom of Great Britain and Ireland; and also commanding Our most dear Brothers and faithful Councillors William Duke of Clarence, Ernest Duke of Cumberland, Augustus Duke of Sussex, Adolphus Duke of Cambridge; Our most dear Cousin and faithful Councillor William Frederick Duke of Gloucester; The Most Reverend Father in God and Our faithful Councillor William Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Councillor John Singleton Lord Lyndhurst, Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain; Our most dear Cousins and Councillors Henry Earl Bathurst, President of Our Council; James Earl of Rosslyn, Keeper of Our Privy Seal; James Duke of Montrose, Chamberlain of Our Household; George William Frederick Duke of Leeds, Master of Our Horse; William Duke of Devonshire, William Henry Duke of Portland, Arthur Duke of Wellington, Henry Marquess Conyngham, Steward of Our Household; Charles Marquess of Winchester, Groom of Our Stole; Henry Marquess of Lansdowne, Richard Marquess Wellesley, John Jeffreys Marquess Camden, Henry William Marquess of Anglesey, John Earl of Westmorland, George Earl of Carlisle, Cropley Ashley Earl of Shaftesbury, George Earl of Aberdeen, One of Our Principal Secretaries of State; William Earl Fitzwilliam, George John Earl Spencer, John Earl of Chatham, John Earl of Eldon, John William Earl of Dudley, Robert Viscount Melville, Henry Viscount Sidmouth, Frederick John Viscount Goderich; Our well-beloved and faithful Councillors Henry Richard Lord Holland, William Wyndham Lord Grenville, Edward Lord Ellenborough, Nicholas Lord Bexley and Charles Lord Tenterden, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same, and also to enrol these Our Letters Patent, and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted and admitted good, sufficient and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding: And whereas by Our Letters Patent, bearing Date at Westminster the Third Day of February last past, We did give and grant unto the said Duke of Clarence, Duke of Cumberland, Duke of Sussex, Duke of Cambridge, Duke of Gloucester, Archbishop of Canterbury, Lord Lyndhurst, Earl Bathurst, Earl of Rosslyn, Duke of Montrose, Duke of Leeds, Duke of Devonshire, Duke of Portland, Duke of Wellington, Marquess of Conyngham, Marquess of Winchester, Marquess of Lansdowne, Marquess Wellesley, Marquess Camden, Marquess of Anglesey, Earl of Westmorland, Earl of Carlisle, Earl of Shaftesbury, Earl of Aberdeen, Earl Fitzwilliam, Earl Spencer, Earl of Chatham, Earl of Eldon, Earl of Dudley, Viscount Melville, Viscount Sidmouth, Viscount Goderich, Lord Holland, Lord Grenville, Lord Ellenborough, Lord Bexley and Lord Tenterden, and any Three of them, full Power, in Our Name, to hold Our said Parliament, and to open and declare, and cause to be opened and declared, the Causes of holding the same; and to proceed upon the said Affairs in Our said Parliament, and in all Matters arising therein, and to do every thing which for Us, and by Us, for the good Government of Our said United Kingdom of Great Britain and Ireland, and of other Our Dominions belonging to Our said United Kingdom, should be therein to be done; and also, if necessary, to continue, adjourn and prorogue Our said Parliament: We do hereby further declare that Our said Letters Patent, and every Clause, Matter and Thing therein contained, shall be and remain in the same Force and Strength as if these Presents had not been had or made, and that nothing herein contained shall be deemed or taken to affect or invalidate the said recited Letters Patent, or any of the Powers or Authorities therein contained, or the Exercise thereof, or of any of them. In Witness whereof We have caused these Our Letters to be made Patent.
"Witness Ourself at Westminster, the Twenty-third Day of March, in the Eleventh Year of Our Reign.
"By the King Himself, signed with His own Hand.
"Bathurst."
Then The Lord Chancellor said,
"In obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."
Then the Clerk Assistant, having received the Money Bill from the Hands of the Speaker, 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.)
1. "An Act for continuing to His Majesty, for One Year, certain Duties on Personal Estates, Offices and Pensions in England, for the Service of the Year One thousand eight hundred and thirty."
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 punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."
3. "An Act for the Regulation of His Majesty's Royal Marine Forces while on Shore."
4. "An Act for more effectually repairing the Roads to and from Longtown, and certain other Roads communicating therewith, in the County of Cumberland."
To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (viz t.)
"Le Roy le veult."
5. "An Act for inclosing Lands in the Parishes of Kingston, near Lewes, and Iford, in the County of Sussex."
To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (viz t.)
"Soit fait comme il est desiré."
Then the Commons withdrew.
The House was adjourned during Pleasure.
The House was resumed.
Smugglers Families Maintenance Bill.
A Message was brought from the House of Commons, by Mr. Paul Thompson and others;
With a Bill, intituled, "An Act for the Relief of Parishes from the Expences of maintaining the Wives and Families of Men convicted under the Laws for the Prevention of Smuggling, and sentenced to serve His Majesty in His Naval Service;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the said Bill be printed.
St. Katharine's Docks Bill.
A Message was brought from the House of Commons, by Mr. Paul Thompson and others;
With a Bill, intituled, "An Act to amend and alter Two several Acts passed in the Sixth and Tenth Years of the Reign of His present Majesty, for making and constructing certain Wet Docks, Warehouses and other Works in the Parish of Saint Botolph without Aldgate, and in the Parish or Precinct of Saint Katharine near the Tower of London, in the County of Middlesex; and for enlarging and extending the Powers and Provisions of the said Acts;" to which they desire the Concurrence of this House.
Swansea Gas Light Bill.
A Message was brought from the House of Commons, by Mr. Paul Thompson and others;
With a Bill, intituled, "An Act for better lighting with Gas the Town of Swansea, in the County of "Glamorgan;" to which they desire the Concurrence of this House.
Ardwick Green & Wilmslow Road Bill.
A Message was brought from the House of Commons, by Mr.Egerton and others;
With a Bill, intituled, "An Act for more effectually repairing and improving the Road from Chorlton Row, near Manchester, in the County Palatine of Lancaster, to the Bridge at the Corn Mills at Wilmslow, in the County Palatine of Chester;" to which they desire the Concurrence of this House.
Sheffield & Wakefield Road Bill.
A Message was brought from the House of Commons, by Mr. Egerton and others;
With a Bill, intituled, "An Act for repairing the Road from Wakefield to Sheffield in the County of York;" to which they desire the Concurrence of this House.
The said Four Bills were, severally, read the First Time.
Com rs of Charitable Donations et al. v. Harris et al.
The House being informed, "That Marcus Hickey attended, in order to deliver in Pleadings and Proceedings in the Cause wherein The Commissioners of Charitable Donations, and others, are Appellants, and Thomas Harris, and others, are Respondents;"
He was called in; and delivered the same at the Bar, and attested upon Oath they were true Copies, he having examined them with the Originals in the proper Offices in Ireland:
And then he withdrew.
Disabilities of the Jews, Petition from Northern Division of London for Removal of.
Upon reading the Petition of the Inhabitants of the Northern Division of the City of London professing the Jewish Religion, whose Names are thereunto subscribed; praying their Lordships "to throw open the Doors of the Constitution to the Jews, and to remove all Political Restrictions affecting that Body on account of Religion:"
It is Ordered, That the said Petition do lie on the Table.
Message to H. C. for Report on Irish & Scottish Vagrants.
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 a Report made by the Select Committee, appointed by that House in Session 1828, on the Laws relating to Irish and Scottish Vagrants."
Vestry Act (Ireland) Petition from Naas for Repeal of.
Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Naas, County of Kildare, Ireland, whose Names are thereunto subscribed; praying their Lordships "to repeal the Vestry Act, Ireland:"
It is Ordered, That the said Petition do lie on the Table.
Criminal Laws, Petitions from Chepping Wycombe & Rochdale for Revision of.
Upon reading the Petition of the Mayor, Justice and Aldermen and Inhabitants of the Borough of Chepping Wycombe, whose Names are thereunto subscribed; praying their Lordships "to take the Criminal Code into their serious Consideration, and to make such Alterations and Amendments therein as shall divest it of its sanguinary Appearance, secure the strict Enforcement of the Punishments denounced by the Law, and, as far as possible, apportion the Punishment to the Nature of the Offence:"
It is Ordered, That the said Petition do lie on the Table.
Upon reading the Petition of the Inhabitants of Rochdale and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to abolish the Punishment of Death for Crimes against Property, and to affix such Punishments only as will admit of being uniformly enforced, in order that the Commission of Crime may derive no Encouragement from the Hope of Impunity, and that our Laws may no longer do Violence to the kind Feelings of those who seek and those who administer Justice:"
It is Ordered, That the said Petition do lie on the Table.
Agricultural Distress, Petition from Alcester respecting, & for Repeal of Malt & Beer Duties.
Upon reading the Petition of the Owners and Occupiers of Land in the Neighbourhood of Alcester, in the County of Warwick, and all others interested therein, whose Names are thereunto subscribed; praying, "That their Lordships will take into their Consideration, at an early Period of the Sessions, the present State of Agricultural Distress; and, amongst other Taxes, repeal the Duties upon Malt and Beer, and adopt such Measures for the Relief of the Agriculturists and Labouring Classes as to their Lordships shall seem meet:"
It is Ordered, That the said Petition do lie on the Table.
Foreign Lead, Petition from Alston against Importation of.
Upon reading the Petition of the Inhabitants of Alston otherwise Alston Moor, in the County of Cumberland, whose Names are thereunto subscribed; praying, "That their Lordships will, early in the present Session, take into Consideration their distressed State; and either entirely prohibit, or otherwise restrict by a wholesome Duty, the Importation of Foreign Lead or Ore, or grant the Petitioners such other Relief as to the Wisdom of their Lordships may seem meet:"
It is Ordered, That the said Petition do lie on the Table.
Distress of the Country, &c. Petition from Colnies respecting.
Upon reading the Petition of the Owners and Occupiers of Land and respectable Inhabitants in the Hundred of Colnies and its Neighbourhood, in the County of Suffolk, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to institute an immediate Enquiry into the Cause of the present universal Distress; to the enormous Amount of Taxation under the altered Value of Money by the Cash Payment Act passed in 1819; to the neglected State of Protection to Native Industry; and that the Small Note Restriction Act of 1826 may be repealed, for the Accommodation of the Public; and the Petitioners further pray that the whole of the Taxes on Malt and Beer may be forthwith repealed:"
It is Ordered, That the said Petition do lie on the Table.
Malmesbury Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Roads from the Town of Malmesbury to Copped Hall Turnpike, Sutton Benger Church and Dauntsey Gate, in the County of Wilts."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
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.
West Cowgate (Newcastle) Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing, amending, widening and improving the Road from the West Cowgate, near Newcastle-upon-Tyne, to the Alemouth Turnpike Road in the County of Northumberland; and for making and maintaining other Roads communicating therewith."
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 the same Day, at the same Place; and to adjourn as they please.
Pickford Brook Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making and maintaining a Turnpike Road from Pickford Brook, in the Parish of Allesley, in the County of Warwick, to Canwell Gate, in the County of Stafford."
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 the same Day, at the same Place; and to adjourn as they please.
Ardglass Harbour Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable the Commissioners of the Harbour of Ardglass, in the County of Down, to make Contracts for Works, and to borrow Money for the Improvement of the said Harbour."
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."
Strode's et al. Petition referred to Judges.
Upon reading the Petition of George Strode of Newnham Park, in the County of Devon, Esquire, and George Sidney Strode, the only Son and Heir Apparent of the said George Strode, now an Infant of the Age of Five Months or thereabouts; Mary Ann Arscott, the Wife of The Reverend John Arscott of Mevagissey, in the County of Cornwall, Clerk, and the said John Arscott; and John Strode Arscott, of Red Lion Square, in the County of Middlesex, Gentleman; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to The Lord Chief Justice of the Court of Common Pleas and Mr. Justice Bosanquet, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.
Hawkins' Petition referred to Judges.
Upon reading the Petition of John Hawkins of Bignor Park, in the County of Sussex, Esquire, (the natural and lawful Guardian of his Son Christopher Henry Thomas Hawkins, an Infant,) and of Mary Ann Hawkins of Bignor Park aforesaid, Spinster; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to The Lord Chief Baron of the Court of Exchequer and Mr. Baron Bolland, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused Bill, do sign the same.
Sir T. M. Wilson's et al. Petition referred to Judges.
Upon reading the Petition of Sir Thomas Maryon Wilson of Charlton House, in the County of Kent, Baronet, eldest Son and Heir at Law of Sir Thomas Maryon Wilson, late of the same Place, Baronet, deceased; John Maryon Wilson of Great Canfield, in the County of Essex, Esquire, the second Son of the said Sir Thomas Maryon Wilson deceased; Jane Elizabeth Wilson Spinster, the eldest Daughter of the said Sir Thomas Maryon Wilson deceased; Margaretta Maria Wilson Spinster, the next surviving Daughter of the said Sir Thomas Maryon Wilson deceased; and of William Nottidge of Wandsworth, in the County of Surrey, Esquire, Stanes Chamberlayne of Ryes, in the County of Essex, and The Reverend Richard Black of Hutton, in the County of Essex, Clerk, the surviving Trustees of the Will of the said Sir Thomas Maryon Wilson deceased; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Bayley and Mr. Justice James Parke, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.
Franklen's et al. Petition referred to Judges.
Upon reading the Petition of Richard Franklen of Cowbridge, in the County of Glamorgan, Esquire; Thomas Franklen of Swansea, in the same County, Esquire; and The Right Honorable Sir John Nicholl of Merthyrmaur, in the same County, Knight; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Park and Mr. Baron Vaughan, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.
Sir T. M. Wilson's et al. Petition to change Reference to Judges.
Upon reading the Petition of Sir Thomas Maryon Wilson and others, praying their Lordships, "That their Petition for a Private Bill, presented to the House this Day, may be ordered to be referred to Mr. Justice James Allan Park and Mr. Justice Littledale, they being the Judges to whom the Petitioners former Petition for a Private Bill, presented in the last Session of Parliament, was referred:"
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Park and Mr. Justice Littledale, who are forthwith to summon all all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.
Proceedings on East India Judicature Act.
It was moved, "That so much of an Act made in the 26th Year of His late Majesty's Reign, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies, and for other Purposes therein mentioned, as relates to the Nomination and Appointment of Members of this House, in order to the constituting in Part a Court of Judicature, be now read."
The same was accordingly read by the Clerk.
Ordered, That the Clerk do take the Lists laid upon the Table Yesterday out of the Covers, and put them together into a Box at the Table.
Which done;
Ordered, That the Lords Committees aforenamed be appointed a Committee to examine the said Lists, and report to the House the Titles of such Lords as shall appear upon Ten of the said Lists.
Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.
Ordered, That all the Lords who have been or shall be present this Session, and are not named of the said Committee, be added thereto.
Pollok & Co. et al. v. Harvie:
Upon reading the Petition of Messieurs Pollok, Gilmore and Company, and others, Appellants in a Cause depending in this House, and of Andrew Harvie, Respondent thereto; setting forth, "That on the 11th Day of June 1828 a Petition and Appeal in the above Cause was presented to their Lordships against certain Interlocutors of the Court of Session in Scotland, and Cases for each Party having been lodged, the Case was set down for Hearing: That since the Appeal was presented the Matter in dispute has been adjusted, and the Petitioners are desirous that the Case should be withdrawn;" and therefore praying, "That their Lordships will be pleased to order this Cause to stand dismissed:"
Appeal dismissed.
It is Ordered, That the said Appeal be dismissed this House, as desired.
Freeman et al. v. Fairlie et al. Appellants Petition for Time for their Case, referred to Appeal Com ee.
Upon reading the Petition of Ann Freeman, William Tranter and Burgess Tranter, John Clarbour and Charlotte his Wife, some of the Appellants in a Cause depending in this House, to which William Fairlie, and others, are Respondents; setting forth, "That by a Decree of the Court of Chancery, and purporting to be made by The Right Honorable The Master of the Rolls, in the Causes in the said Petition mentioned, and dated the 2d Day of April 1827, (but which was in fact pronounced by The Lord Chancellor on the 27th Day of November 1828,) his Lordship declared that the Messuages, Land, Tenements and Hereditaments in the Pleadings of these Causes mentioned were Freehold of Inheritance; and it was ordered that the Possession thereof be delivered to the Defendant John Eborall, the Heir at Law ex-parte maternâ of Samuel Oldham, the Intestate in the Pleadings named; and it was ordered that it be referred to the Master to whom the said Causes stand referred to make his Report on the Account of the Rents and Profits of the Messuages, Lands, Tenements and Hereditaments received by the late Defendant William Fairlie in his Lifetime, as directed by the Decree of the 30th Day of November 1815, and to take the Accounts of such Rents and Profits (if any) received by the Defendant John Innes, as directed by the Decree dated the 21st Day of July 1826; and it was ordered that the said Master, in taking the said Accounts, should distinguish such Part of the said Rents and Profits as have accrued due since the Death of John Eborall, the Father of the Defendant John Eborall mentioned in the said Master's Report dated the 18th Day of January 1826; and it was ordered that the said Master should enquire and state to the Court what Part of any Bank Three Pounds per Cent. Annuities, which might be standing in the Name of the Accountant General of this Court, in Trust in the Cause "Freeman and others versus Fairlie and others, the Account of Rents and Profits," and any Cash in the Bank placed to the Credit of the said Cause, the like Account at the Date of his Report to be made in pursuance of this Order, after Payment of the Costs therein-after directed to be taxed and paid, was constituted of Rents and Profits which had accrued due in respect of the said Messuages, Lands, Tenements and Hereditaments since the Death of the said John Eborall the Father, or of the Interest, Dividends or Accumulations thereof: That the Petitioners, who, with Sarah Moulding deceased, the Plaintiffs in the Cause in the said Petition first mentioned, considering themselves aggrieved by the said Decree, did, on the 20th Day of July 1829, prefer their Petition to their Lordships, appealing therefrom to their Lordships, and praying that the same might be reversed and varied: That since the said Petition of Appeal was preferred to their Lordships, Proceedings under the Sanction of The Lord Chancellor in the above Causes have been had at Law, and it has been determined that the said John Eborall is not the Heir at Law of Samuel Oldham the Intestate, but that Elizabeth Oldham and Charlotte the Wife of William Smith are Heirs at Law ex-parte paternâ of the said Samuel Oldham the Intestate, so that the said John Eborall has now no Interest in the said Appeal: That Sarah Moulding, one of the Appellants in the said Appeal, hath died since the said Decree was pronounced; and there is not now on the Record any Representative to Sarah Parker formerly Barnett, in the Pleadings of the said Cause named, who was one of the Sisters of and a Legatee named in the Will of the said Hannah Haigh; but Mary Keely (Wife of David Keely) hath recently obtained Administration de bonis non to the said Sarah Parker: That from these Circumstances the said Suits and the said Appeal have become abated: That by an Order made by The Lord Chancellor in the said Causes on 22d December 1829, on the Petition of the said Elizabeth Oldham, and William Smith and his Wife, praying to have the Benefit of the said Decree in the Place of the said John Eborall, and the said John Eborall by his Counsel not opposing the said Petition, and the Petitioners upon their Counsel undertaking forthwith to file a Supplemental Bill, or Bill in the Nature of a Supplemental Bill, it was ordered certain Costs therein mentioned should be paid: That in pursuance of the said Order the said Elizabeth Oldham and William Smith and Charlotte his Wife have filed a Bill, and thereby praying (amongst other Things) that the Proceedings and Orders in the said Causes in favor of the said John Eborall might be reversed or varied, so far as the same might be founded on the Supposition of the said John Eborall being the Heir at Law of the said Intestate Samuel Oldham, and that it might be declared that the said William Smith and Charlotte his Wife, and said Elizabeth Oldham, were entitled to the said Messuages, Tenements, Lands and Hereditaments, and that the Possession thereof might be delivered to them; and that it might be declared that they are entitled to the said Sums standing in the Name of the Accountant General in Trust in the said Cause, the Account of Rent and Profits, and to such other Sums as have been received in respect of the Rents and Profits thereof accrued due since the Decease of the said Intestate Samuel Oldham; and that they might have the Benefit of the several Proceedings in the said Causes, except such as may be reversed, as against the several Parties thereto: That the Petitioners have fully answered the said new Bill, and thereby deny the Right of the said new Plaintiffs to the Relief they pray: That their Lordships were pleased, on the 15th Day of March instant, to refuse Compliance with the Petition of the said John Eborall, and of the said Charlotte Oldham, and William Smith and Wife, whereby they prayed to be permitted to defend the Appeal of the Petitioners in the Name of the said John Eborall, on the Ground, as the Petitioners understood, that the said Charlotte Oldham and William Smith and his Wife were not regularly Parties to the Record before, or had not then established a Right to the Benefit of the said Proceedings: That in consequence of there being no efficient Respondent before their Lordships to defend this Appeal, the Petitioners are in Difficulty and Embarrassment as to the Preparation of their Cases with Effect; and in consequence thereof the Appeal stands dismissed;" and therefore praying their Lordships, "That their said Appeal may be restored, and that the Time for printing their Cases may be enlarged for Twelve Months, or until such Time as the said Charlotte Oldham and William Smith and Wife shall have prosecuted their Suit with Effect; or that their Lordships will be pleased to make such other Order in the Premises as shall be just:"
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.
Bell et al. v. Kay & Morton:
Upon reading the Petition and Appeal of Thomas Bell Esquire, Provost of the Burgh of Dundee; John Calman, James Smith, James Scot, John Blair Miller, Baillies; William Hackney, Dean of Guild; Patrick Whitson, George Thoms, Alexander Reid and James Brown, old Baillies and Councillors; Patrick Anderson, Treasurer; William Lindsay, Councillor to the Guild; David Milne, Shore Master; David Blair, Alexander Balfour, James Smith senior, John Sturrock and Alexander Meldrum Merchant Councillors; James Thomson, George Rough junior and Peter Thomson, Trades Councillors, (the said James Thomson being Convener;) all of the said Burgh of Dundee, for themselves and as representing the Community of the said Burgh; complaining of Three Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 31st of May and 9th of July 1828, and the 9th (signed the 10th) of March 1830; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; and that Alexander Kay and John Morton, Merchants in Dundee, may be required to answer the said Appeal:"
It is Ordered, That the said Alexander Kay and John Morton may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 20th Day of April 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.
Richardson to enter into a Recog ce on it.
The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Thomas Bell Esquire, and others, on account of their Appeal depending in this House, they being in Scotland:"
It is Ordered, That the said John Richardson may enter into a Recognizance for the said Appellants, as desired.
Ker et al. v. Sir R. W. Vaughan et al:
Upon reading the Petition and Appeal of John Bellenden Ker and John Bulteel Esquires, surviving Heirs Portioners of Line of the deceased Lady Essex Ker, and also Heirs Portioners of Line of the deceased Honorable Henrietta Bellenden, who was the other Heir Portioner of the said Lady Essex Ker, and Alexander Goldie, Writer to the Signet, their Commissioner; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 10th (signed the 11th) of March 1830; and praying, "That the same may be reversed, varied or amended, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; and that Sir Robert Williams Vaughan Baronet, Sir Thomas Mostyn, Mrs. Hicks, Miss Fielding, Thomas Pennant, Mrs. Eleanor Baynes Essex Garrety, Ker, Haldane George Finch, Earl of Winchilsea and Nottingham, Mrs. Eleanor Garrety or Baynes, Mrs. Essex Garrety or Misters, Maria Garrety, Ellen Garrety and James Garrety, Henry Charles Baynes, Misters, Mrs. Maria Garrety, William Nicol; The Mayor and Commonalty and Citizens of the City of London, Governors of the Possessions, Revenues and Goods of the Hospital of Edward King of England the Sixth, of Christ, Bridewell, and St. Thomas the Apostle, as Governors of Saint Thomas's Hospital; Lord Gambier, Captain William Browell, Rear Admiral James Bowen, Rear Admiral John Tremayne Rodd, Trustees of The Naval Charitable Society; Samuel Hancock, John Rawlinson, Charles Raymond Barker, Henry Holland and Charles Drummond, Treasurers of and as representing Saint George's Hospital; all for themselves, and in their several Characters and Capacities, and for Behoof before specified; and the Tutors and Curators of such of the said Defenders as may be Minors, if they any have, may be required to answer the said Appeal:"
It is Ordered, That the said Sir Robert Williams Vaughan, and the said 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 Tuesday the 20th Day of April next; and Service of this Order upon the said Respondents, or upon their known Procurators or Agents in Scotland, shall be deemed good Service.
Clarke to enter into a Recog ce on it.
The House being moved, "That Edward Clarke of Chapel Street, Bedford Row, in the County of Middlesex, Solicitor, may be permitted to enter into a Recognizance for John Bellenden Ker Esquire, and others, on account of their Appeal depending in this House, one residing Abroad, and the others in the Country:"
It is Ordered, That the said Edward Clarke may enter into a Recognizance for the said Appellants, as desired.
Balmer v. Hogarth:
Upon reading the Petition and Appeal of Thomas Balmer, Tenant in Hilton, Berwickshire; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 27th Day of May 1825 and 7th Day of December 1826; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 11th Day of March 1830; and praying, "That the same may be reversed, varied, altered or amended, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; and that John Hogarth Esquire, late of Hilton, may be required to answer the said Appeal:"
It is Ordered, That the said John Hogarth may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 20th Day of April 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.
Macqueen to enter into a Recog ce on it.
The House being moved, "That John Macqueen of Little George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Thomas Balmer, on account of his Appeal depending in this House:"
It is Ordered, That the said John Macqueen may enter into a Recognizance for the said Appellant, as desired.
Beale's et al. Petition to change Reference to Judges.
Upon reading the Petition of Mary Beale Widow and others, praying, "That their Lordships would be pleased to refer their Petition for a Private Bill, presented to the House Yesterday, to The Lord Chief Baron and Mr. Baron Garrow, instead of Mr. Justice Littledale and Mr. Justice Gaselee, the said last-mentioned Judges both being absent from Town on Circuit:"
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to The Lord Chief Baron of the Court of Exchequer and Mr. Baron Garrow, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.
Shakerley's Divorce Bill.
Ordered, That the Bill, intituled, "An Act to dissolve the Marriage of Charles Peter Shakerley Esquire, of the Parish of Egham, in the County of Surrey, with Laure Angelique Rosalbe Shakerley his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," be read a Second Time on Wednesday the 31st of this instant March; and that the Lords be summoned.
Portugal & Affairs of Terceira, Motions respecting, Negatived:
The Order of the Day being read for the Lords to be summoned;
It was moved to resolve, "That, prior to the 12th of December 1828, Her Majesty The Queen Donna Maria the Second had been recognized by His Majesty and the other great Powers of Europe to be the legitimate Queen of Portugal; and that at the Period above named the said Queen was residing in this Country, and had been received by His Majesty with the accustomed Honours of Her Royal Rank."
Which being objected to;
After long Debate,
The Question was put thereupon?
It was resolved in the Negative.
Then it was moved to resolve, "That on the said 12th of December the Island of Terceira, Part of the Dominions of the Queen of Portugal, was governed by Authorities, Civil and Military, in Allegiance to Her Majesty."
Which being objected to;
The Question was put thereupon?
It was resolved in the Negative.
Then it was moved to resolve, "That on the said 12th of December Instructions were given by The Lords Commissioners of the Admiralty, stating that "a considerable Number of Portuguese Soldiers, and other Foreigners, are about to sail in Transports from Plymouth or Falmouth, and it is supposed they intend making an Attack on Terceira, or other of the Western Isles; and His Majesty having been pleased to command that a Naval Force should be immediately despatched to interrupt any such Attempt, you are hereby required and directed to take the Ship and Sloop named in the Margin under your Command, and to proceed with all practicable Expedition to Terceira; and having ascertained that you have succeeded in reaching that Island before the Transports above alluded to, you will remain yourself at Angra or Praia, or cruising close to the Island in the most advisable Position for intercepting any Vessels arriving off it; and you will detach the other Ships as you shall deem best for preventing the aforesaid Force from reaching any of the other Islands."
Which being objected to;
The Question was put thereupon?
It was resolved in the Negative.
Then it was moved to resolve, "That on the Arrival of the Naval Force sent to Terceira in pursuance of these Instructions, the Commanding Officer found that Island in Possession of and governed by the Authorities above mentioned."
Which being objected to;
The Question was put thereupon?
It was resolved in the Negative.
Then it was moved to resolve, "That in the Beginning of January 1829 a Number of Portuguese, Subjects or Soldiers of Her said Majesty, voluntarily left this Country with a view of repairing to the said Island, and that their Departure and Destination were known to His Majesty's Government; that they appear to have embarked and sailed in unarmed Merchant Ships, to have been unaccompanied by any Naval Force, and themselves without any Arms or Ammunition of War."
Which being objected to;
The Question was put thereupon?
It was resolved in the Negative.
Then it was moved to resolve, "That these unarmed Merchant Ships and Passengers were prevented by His Majesty's Naval Forces, sent for the Purpose, from entering the Harbour of Porto Praia; and that after they had been fired into, and Blood had been spilled, they were compelled, under the Threat of the further Use of Force, again to proceed to Sea, and warned to "quit the Neighbourhood of Terceira and the rest of the Azores, but that they might proceed wherever else they might think proper."
Which being objected to;
The Question was put thereupon?
It was resolved in the Negative.
Then it was moved to resolve, "That the Use of Force in intercepting these unarmed Vessels, and preventing them anchoring and landing their Passengers in the Harbour of Porto Praia, was a Violation of the Sovereignty of the State to which the Island of Terceira belonged; and that the further Interference to "compel these Merchant Ships or Transports to quit the Neighbourhood of the Azores," was an Assumption of Jurisdiction upon the High Seas, neither justified by the Necessity of the Case, nor sanctioned by the general Law of Nations."
Which being objected to;
The Question was put thereupon?
It was resolved in the Negative.
"DISSENTIENT:
Protest thereupon.
"Because the forcible Detention or Interruption of the Subjects of a Belligerent State upon the High Seas or within the legitimate Jurisdiction of either of the Belligerents, by a Neutral, constitutes a direct Breach of Neutrality, and is an obvious Violation of the Law of Nations: And such an Act of Aggression, illegal and unjust at all Times against a People with whom the interfering Power is not actually at War, assumed in this Instance a yet more odious and ungenerous Aspect, inasmuch as it was exercised against the unarmed Subjects of a defenceless and friendly Sovereign, whose Elevation and Right to the Crown of Portugal had been earnestly recommended and openly recognized by His Majesty, and whose actual residence in Great Britain, bespeaking Confidence in the Friendship and Protection of the King, entitled both Her and Her Subjects to especial Favor and Countenance, even if Considerations of Policy precluded His Majesty's Government from enforcing Her just Pretensions by Arms.
"VASSALL HOLLAND.
SOMERHILL.
CARLISLE.
GRANVILLE.
WILLIAM FREDERICK.
RADNOR.
COWPER.
MELBOURNE.
SEAFORD.
KING
CALTHORPE
CARNARVON
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum quartum diem instantis Martii, horâ decimâ Auroræ, Dominis sic decernentibus.