House of Lords Journal Volume 62: 26 March 1830

Die Veneris, 26 Martii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir G. Noel v. Rochfort et al.

The Answer of the Respondents The Reverend Henry Rochfort, William Rochfort and Charles Rochfort Esquires, Gustavus Rochfort, a Minor, also of John Staunton Rochfort, Gustavus Lambert and Robert Wybrants, Esquires, to the Petition and Appeal of Sir Gerard Noel Noel Baronet, was this Day brought in.

Duffy v. Orr et al.

As was also, The separate Answer of John Duffy to the Petition and Appeal of Cornelius Duffy.

And also, The separate Answer of Robert Orr to the Petition and Appeal of Cornelius Duffy.

Willis et Ux. v. Sir G. A. Robinson et al:

After hearing Counsel, as well on Monday last as on this Day, upon the Petition and Appeal of John Walpole Willis of Bath, in the County of Somerset, Esquire, and Lady Mary Isabelle his Wife; complaining of an Order of the Court of Chancery of the 18th Day of March 1829, but which Order was not entered until the 1st Day of April 1829; and praying, "That the same might be reversed, and that the Exception taken by the Appellants to the Master's Report of the 22d Day of May 1827 might be allowed; and that their Lordships would be pleased to declare that Thomas Bowes, now Earl of Strathmore, became bound to charge the Sum of Eight thousand Pounds upon the Estates devised by the Will of his Grandmother Mary Bowes upon his coming into Possession thereof upon the Decease of his elder Brother George Bowes, without Issue, on the 31st Day of December 1826; and to order that it might be referred to the said Master to enquire whether the said Sum of Eight thousand Pounds is a prior Charge to any and which of the several Annuity Incumbrances included in the Report of the 6th Day of July 1821, and over any and which of the Estates devised by or subject to the Trusts of the Will of the said Mary Bowes; or that their Lordships would be pleased to make such other Order in the Premises as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the separate Answer of Sir George Abercrombie Robinson and Joseph Dorin; and also the separate Answer of The Honorable George Thomas Lyon Bowes, commonly called Lord Glammis, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order 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 Order therein complained of, be, and the same is hereby Affirmed.

M. of Westmeath v. M. of Salisbury et al.

The Order of the Day being read for the further Hearing of the Cause wherein George Thomas John Marquess of Westmeath is Appellant, and James Marquess of Salisbury, and others, are Respondents, by One Counsel of a Side;

Counsel were accordingly called in.

The Counsel were directed to withdraw.

Ordered, That the Order for the further Hearing of the said Cause be discharged.

Ordered, That the said Cause be taken into further Consideration on Friday next.

Sir J. Montgomery et al. v. Maxwell.

After hearing Counsel, in Part, in the Cause wherein Sir James Montgomery Baronet, and others, are Appellants, and Mackill Maxwell is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Tuesday next, after the Hearing of the Cause wherein The Lord Provost of the City of Edinburgh, and others, are Appellants, and William Bruce, and others, are Respondents.

Papers from Ireland delivered:

The House being informed, "That Mr. Johnson, from the Office of the Chief Secretary for Ireland, attended;"

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

Presentments:

"Accounts of Presentments made by the Grand Juries of the several Counties, Cities and Towns in Ireland, in the Year 1829:"

Committals to Gaols:

Also, "Returns, from the Clerks of the Crown and Clerks of the Peace of the several Counties, &c. in Ireland, of the Number of Persons committed to the different Gaols thereof for Trial in the Year 1829:"

5th Report of Com rs on Roads & Bridges:

Also, "The Fifth Report of the Commissioners for repairing, maintaining and keeping in Repair certain Roads and Bridges in Ireland:"

Proclamations issued under Peace Preservation Act:

Also, "An Account of Proclamations issued under the Provisions of the Peace Preservation Act, specifying the Counties and Baronies by such Proclamation respectively declared to be in a State of Disturbance; and also of the Names of the Chief Magistrates and other Officers appointed for the Execution of the said Act in such Counties and Baronies; and also of the Amount of all Salaries, Allowances, Rents, Taxes, Costs, Charges and Expences incurred in consequence of any such Proclamation, for the Year 1829:"

Compensations to H. G. Heard;

Also, "Copy of the Certificate filed by The Right Honorable The Lord Chancellor of Ireland, in the Case of the Claim of Henry George Heard Esquire, late One of the Six Clerks of the Court of Chancery in Ireland, for Compensation upon the Sale of his said Office; together with a Copy of The Lord Lieutenant's Warrant thereon:"

and to W. E. Porter.

And also, "Copy of the Certificate filed by The Right Honorable The Lord Chancellor of Ireland, in the Office of the Auditor General in Ireland, in the Case of the Claim of William Edward Porter, Clerk of the Recognizances of His Majesty's High Court of Chancery in Ireland, for Compensation for One Year ended the 2d of November 1829; together with a Copy of The Lord Lieutenant's Warrant thereon."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Denchfield et al. v. Strong.

Ordered, That the Cause wherein John Denchfield, and others, are Appellants, and The Reverend Philip Strong Clerk is Respondent, be heard by Counsel at the Bar on Monday next.

James & Spencer v. Price & Gott.

Ordered, That the Cause wherein Thomas James and James Spencer are Appellants, and James Price and William Augustus Gott are Respondents, be heard by Counsel at the Bar on Monday next.

Standing Order No. 210 to be considered.

Ordered, That the Standing Order No. 210, relative to referring certain Bills to a Select Committee, be taken into Consideration on Monday next, in order to its being amended; and that the Lords be summoned.

West Cowgate (Newcastle) Road Bill:

Hodie 3^a 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."

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 Mr. Cross and Mr. Trower;

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

Sir G. Noel v. Rochfort et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of The Reverend Henry Rochfort, William Rochfort and Charles Rochfort Esquires, Gustavus Rochfort a Minor, and also John Staunton Rochfort, Gustavus Lambert and Robert Wybrant, Esquires, some of the Respondents in a Cause depending in this House, to which Sir Gerard Noel Noel Baronet is Appellant; praying, "That their Lordships will be pleased to allow the Petitioners to lay their printed Cases on the Table of their Lordships House:"

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.

Morgan v. Evans et al. Petitions of all Parties for further Time for their Cases, referred to Appeal Com ee.

Upon reading the Petition of Francis Morgan, Appellant in a Cause depending in this House, to which Herbert Evans, and others, are Respondents; praying their Lordships, "That the further Time of Six Weeks, or such other Time as to their Lordships, in their great Wisdom, shall seem proper, may be allowed him for laying the Print of his Case upon the Table of their Lordships House:"

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.

Upon reading the Petition of Herbert Evans, One of the Respondents in the last-mentioned Cause; praying their Lordships, "That the further Time of Six Weeks, or such other Time as to their Lordships, in their great Wisdom, shall seem proper, may be allowed to him for laying the Print of his Case upon the Table of their Lordships House:"

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.

Upon reading the Petition of John Jenkins and Philip Hurd, Two other of the Respondents in the last-mentioned Cause; praying their Lordships, "That the further Time of Six Weeks, or such other Time as to their Lordships, in their great Wisdom, shall seem proper, may be allowed them for laying the Print of their Case upon the Table of their Lordships House:"

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.

5th Report from Appeal Com ee.

The Earl of Shaftesbury reported from the Lords Committees 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; and to report to the House; and to whom were referred certain Petitions in the following Causes; The Honorable Sir Alexander Cochrane against Ramsay; Newall and another against Thomson and others; Napier against Crombie and others; Bulkley against Wilford; and Freeman and others against Fairlie and others; "That the Committee had met, and considered the Respondents Petitions in the Causes The Honorable Sir Alexander Cochrane against Ramsay, and Newall and another against Thomson and others, severally praying their Lordships for Leave now to deliver in their Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may respectively be allowed now to deliver in their printed Cases: That the Committee had also considered the Respondents Petition in the Cause Napier against Crombie and others, praying their Lordships to grant them Four Weeks, from the 25th Day of March instant, to deliver in their printed Case or Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may be allowed Four Weeks, from the said 25th of this instant March, to deliver in their printed Cases, as desired: That the Committee had also considered the Petition of George Wilford Bulkley of Symond's Inn, Chancery Lane, London, Gentleman, praying their Lordships to order that his Petition of Appeal against Anna Wilford from a Decree of the Court of Chancery may be filed as of the present Session; and had heard the Agent for the Petitioner thereon, and the Committee are of Opinion, That, under the Circumstances of the Case, the Petitioner may be allowed to present his said Petition of Appeal, as desired: And that the Committee had also considered the Appellants Petition in the Cause Freeman and others against Fairlie and others, praying their Lordships that the Appeal may be restored, and that the Time for printing their Cases may be enlarged for Twelve Months, or until such Time as Charlotte Oldham and William Smith and Wife (mentioned in the Petition) shall have prosecuted their Suit with Effect; and had heard the Agents thereon, and the Committee are of Opinion, under the Circumstances of the Case, That the said Appeal may be restored, and that the Time for printing and delivering in the Petitioners printed Cases may be enlarged to the 1st of May next."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

County Palatine of Durham Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for extending certain Provisions of an Act of the Eighth Year of Queen Anne, for the better Security of Rents, and to prevent Frauds committed by Tenants regarding Executions, to certain Process in use within the County Palatine of Durham and Sadberge."

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 on Monday next.

St. Katharine's Docks Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the 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," 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 directed him to report the same to the House, without any Amendment."

Swansea Gas Light Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for better lighting with Gas the Town of Swansea, in the County of Glamorgan," was committed.

Ardwick Green & Wilmslow Road Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the 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," was committed.

Sheffield & Wakefield Road Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing the Road from Wakefield to Sheffield, in the County of York," was committed.

Brunswick Square, &c. (Brighton) Improvement Bill.

The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for paving, lighting, watching, cleansing and otherwise improving Brunswick Square and Brunswick Terrace, and certain Streets and other Public Places upon certain Grounds late Part of a Farm called the Wick Farm, in the Parish of Hove, in the County of Sussex," was committed.

Slavery, Petition from Albion Chapel, Leeds, for Abolition of.

Upon reading the Petition of the Protestant Dissenters of the Independent Order assembling in Albion Chapel, Leeds, whose Names are thereunto subscribed; praying their Lordships "to bring to an immediate and decisive End that Anti-christian Enormity, the System of Slavery, to fulfil the sacred and public Engagements to which their unanimous Vote has committed them, and to exempt us from the Necessity of supporting a System from which our Understandings, Principles and Feelings revolt:"

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

Evidence of H. C. on which they passed the East Retford Election Bill, communicated.

A Message was brought from the House of Commons, by Sir Alexander Grant and others, as follows:

"My Lords,

"The Commons have directed me to communicate to your Lordships, A Copy of the Evidence upon which they passed the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford," as desired by your Lordships in your Message of the 25th Day of this instant March."

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

Ordered, That the said Evidence be printed.

Report of H. C. on 18th Report of Com rs of Judicial Enquiry in Ireland, communicated.

A Message was brought from the House of Commons, by Sir Alexander Grant and others, as follows:

"My Lords,

"The Commons have directed me to communicate to your Lordships, A Copy of the Report made from the Select Committee appointed by them to take into Consideration the Eighteenth Report of the Commissioners of Judicial Enquiry in Ireland, together with the Deposition forwarded to those Commissioners by Sir Jonah Barrington, Judge of the High Court of Admiralty in Ireland, and other Papers connected with the Conduct of Sir Jonah Barrington in the Discharge of his Judicial Functions, as desired by your Lordships in your Message of the 25th Day of this instant March."

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

Ordered, That the said Report be printed.

Indemnity Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the Time limited for those Purposes respectively until the Twenty-fifth Day of March One thousand eight hundred and thirty-one; to permit such Persons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the First Day of Hilary Term One thousand eight hundred and thirty-one; and to allow Persons to make and file such Affidavits, although the Persons whom they served shall have neglected to take out their Annual Certificates;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Barnwell Tithes Bill brought from H.C. & read 1 a:

A Message was brought from the House of Commons, by Viscount Althorp and others;

With a Bill, intituled, "An Act to commute for Lands and a Corn Rent the ancient Compositions in lieu of Tithes and Glebe Lands payable to the Rector of the Parish of Barnwell Saint Andrew with Barnwell All Saints annexed, in the County of Northampton;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bill referred to Judges.

Ordered, That the Consideration of a Copy of the lastmentioned Bill be, and is hereby referred to Mr. Justice Park and Mr. Baron Vaughan, who are forthwith to summon all Parties concerned therein, and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Raweliffe Inclosure Bill.

A Message was brought from the House of Commons, by Lord Stanley and others;

With a Bill, intituled, "An Act for dividing and inclosing certain Moss and other Grounds in the Manors and Townships of Out Rawcliffe and Middle Rawcliffe, and Stalmine with Stainall, in the Parishes of Saint Michael-upon-Wyer and Lancaster, in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.

Catterick Bridge Road Bill.

A Message was brought from the House of Commons, by Lord William Powlett and others;

With a Bill, intituled, "An Act for maintaining the Road from Catterick Bridge, in the County of York, by the Towns of Yarm and Stockton, and through the Town of Sedgefield, to the City of Durham;" to which they desire the Concurrence of this House.

Carmarthen & Brechfà Road Bill.

A Message was brought from the House of Commons, by Lord William Powlett and others;

With a Bill, intituled, "An Act for more effectually amending, improving and maintaining the Road leading from Nantgaredig to Brechfâ, and from Brechfâ to the River Tivy, near Llanllooney Church, and also a Road from Brechfâ aforesaid to Llansawel, all in the County of Carmarthen;" to which they desire the Concurrence of this House.

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

Corn Laws, Petition from Kidderminster for Repeal of.

Upon reading the Petition of certain Inhabitants of Kidderminster, in the County of Worcester, being the Members of the Anti Bread Tax Association, No. 1, whose Names are thereunto subscribed; praying their Lordships, "That an Act for the gradual and entire Repeal of the Corn Laws, (at the most Ten Years,) may be forthwith adopted to save the Country from impending Ruin:"

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

Contempt in Equity Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bill pro Confesso;"

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Civil Disabilities of the Jews, Petition of J. Nicholson for Removal of.

Upon reading the Petition of Isaac Nicholson, Vicar of Great Paxton, in the County of Huntingdon; praying their Lordships "to remove the Civil Disabilities under which the Jews at present labour, and to promote such a National Establishment for the Education of their Children in this and other Countries as in their Lordships Wisdom shall seem fit:"

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

Foreign Flour, Petition of Manufacturers of Flour to advance Duty on.

Upon reading the Petition of the Manufacturers of Flour, whose Names are thereunto subscribed; praying their Lordships "to advance the Duty on Foreign Flour after the 1st Day of September next, in the Wheat Scale, from 62s. to 73s., in the same Manner as the Duties rise from 62s. down to 52s., which will cause Foreign Flour to be entered for Consumption gradually as it arrives, in lieu of immense Quantities being introduced at the nominal Duty of Seven-pence per Barrel, which not only operates against the Manufacturers of Flour, but the Growers of Wheat also:"

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

Distress of the Country, Petitions from Denbigh & Holywell respecting, & for Reduction of Expenditure & Taxation.

Upon reading the Petition of the Freeholders and Inhabitants of the County of Denbigh, whose Names are thereunto subscribed; complaining of the distressed State of the Country, and praying their Lordships "to redeem the Errors of their Predecessors by a careful Revision of our whole Commercial and Financial System, by a due apportioning of the Expenditure to the Means of the Country, by lopping off with an unsparing Hand all unnecessary Establishments, by annulling all Sinecures and Offices performed by Deputy; for if, in a pecuniary Sense, much is not to be saved, much is to be gained in Character to their Lordships:"

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

Upon reading the Petition of the Inhabitants of the Parish of Holywell, in the County of Flint, whose Names are thereunto subscribed; complaining of the distressed State of the Country, and praying their Lordships "to alleviate their Sufferings by all the Means in their Power from the grievous Burthen of Taxation by which they are oppressed, which they conceive may be in some Measure accomplished by a Reduction in the Numbers of the Army and Navy, as well as in the Pay of the Force necessary to be retained; by a Reduction of the retired Allowances and of the Salaries of all Officers, Fiscal, Judicial and Civil; by the Abolition of Monopolies (particularly that of The East India Company;) by the Repeal of the Usury Laws; by a Revision of the Game Laws (a fruitful Source of Crime and Expence to the Country;) and by an Enquiry into the Property and Emoluments of the Established Church:"

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

Fish Bounties, Petition from Staithes, &c. for Continuance of.

Upon reading the Petition of the Fishermen and Fish Curers of Staithes and Runswick, in the Parish of Hinderwell, in the North Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "will be pleased to take the Bounties on British Fisheries into Consideration, and grant a Continuance of the same, and such further or other Relief as to their Lordships shall seem meet:"

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

East Retford Election Bill to be read 2 a, & Counsel to examine Witnesses in support of.

Ordered, That the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford," be read a Second Time on Monday the 26th of April next; and that the Lords be summoned; and that Counsel do attend to examine Witnesses in support of the Bill.

Muskett's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Joseph Salisbury Muskett Esquire with Mary Muskett his now Wife, and to enable him to marry again; and for other Purposes."

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 some Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received on Monday next.

Marriages Validating Bill.

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 render valid Marriages solemnized in certain Churches and Chapels."

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

Then several Amendments were made by the House to the said Bill.

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

Criminal Laws, Petition from Bridport for Alteration of.

Upon reading the Petition of the Inhabitants of the Borough of Bridport and its Vicinity, in the County of Dorset, whose Names are thereunto subscribed; praying, "That their Lordships will take the very important Subject of inflicting the Penalty of Death for the Crime of Forgery into their serious Consideration, and adopt such Measures of retributive Justice as may tend to prevent the Invasion of Property, promote the Reformation of the Offender, and otherwise advance the true Interests of the Nation:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum nonum diem instantis Martii, horâ decimâ Auroræ, Dominis sic decernentibus.