House of Lords Journal Volume 62: 12 February 1830

Die Veneris, 12 Februarii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Huntingdon takes his Seat.

This Day Francis Theophilus Henry Earl of Huntingdon sat first in Parliament, after the Death of his Father Hans Francis Earl of Huntingdon; his Lordship having first, at the Table, taken the Oaths, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Mackenzie v. Houston:

Upon reading the Petition and Appeal of Murdo Mackenzie of Ardross, in the County of Ross, Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 24th of November 1829; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Thomas Houston Esquire may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Houston may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 12th 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.

Fraser to enter into a Recog ce on it.

The House being moved, "That Alexander Fraser of Lincoln's Inn Fields, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Murdo Mackenzie Esquire, on account of his Appeal depending in this House, he residing in Scotland:"

It is Ordered, That the said Alexander Fraser may enter into a Recognizance for the said Appellant, as desired.

Macintyre et al. v. Macdonald & Lawson:

Upon reading the Petition and Appeal of Christian, Margaret, William, Donald and Robert Macintyre, the surviving Children of the deceased Duncan Macintyre, some time Tenant in Benmore, afterwards in Dundurn, and Donald Macintyre at Wester Dundurn, Peter Macintyre at Daleathie and James M'Naughton at St. Fillans, Tutors and Curators nominated and appointed to them and for Margaret M'Naughton or Macintyre, Widow of the said Duncan Macintyre, Pursuers; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 11th of July and 25th of November 1823, and the 12th of November 1824; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 16th of December 1824; also of an Interlocutor of the said Lord Ordinary of the 28th of November 1828; and also of Two Interlocutors of the said Lords of Session, of the Second Division, of the 11th of December 1829 and the 23d of January 1830; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Coll Macdonald and John Lawson may be required to answer the said Appeal:"

It is Ordered, That the said Coll Macdonald and John Lawson may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 12th Day of March 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.

Robertson to enter into a Recog ce on it.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Christian Macintyre, and others, on account of their Appeal depending in this House, they residing in Scotland:"

It is Ordered, That the said David Robertson may enter into a Recognizance for the said Appellants, as desired.

Rothschild v. Brookman.

Upon reading the Petition and Appeal of Nathan Mayer Rothschild, complaining of a Decree of the Court of Chancery of the 16th of July 1829; and praying, "That the same may be reversed, and that the Bill of the Respondent may be dismissed, with Costs; or that their Lordships will be pleased to vary the said Decree, or make such other Order in the Premises, as to this House, in their Lordships great Wisdom, may seem meet; and that James Brookman may be required to answer the said Appeal:"

It is Ordered, That the said James Brookman may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 26th Day of this instant February; and Service of this Order upon the Clerk in Court of the said Respondent shall be deemed good Service.

Papers delivered:

The House being informed, "That Mr. Smee, from the Bank of England, attended;"

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

Applications to the Bank for Advances to Government:

"A Copy of all Applications made by the First Lord of the Treasury or The Chancellor of the Exchequer, to The Governor and Deputy Governor of the Bank of England, for Advances to Government authorized by Parliament, from the 5th January 1829 to the 5th January 1830; with a Copy of the Minutes of the Court of Directors thereon, and the Answer of the said Court thereto:"

Government Securities purchased by the Bank:

Also, "An Account of the Amount of all Exchequer Bills or Treasury Bills, and other Government Securities, which have been purchased by The Governor and Company of the Bank of England, or on which any Sum or Sums have been lent and advanced for the Public Service by The Governor and Company of the said Bank, in the Year ending the 5th Day of January 1830; shewing what Amount of such Bills, before the making up of this Account, has been paid off and discharged, and the Amount of such Exchequer Bills or Treasury Bills, or other Government Securities, which was in the Hands of The Governor and Company of the said Bank on the 5th Day of January 1830 aforesaid:"

National Debt.

And also, "The Annual Account of Sums received and expended by the Commissioners for the Reduction of the National Debt, ending the 5th January 1830."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Governors of Highgate Grammar School Petition referred to Judges.

Upon reading the Petition of the Wardens and Governors of the Possessions, Revenues and Goods of the Free Grammar School of Sir Roger Cholmeley Knight, in Highgate, under their Common Seal; 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.

Doe v. Perratt & Burge, in Error.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein John Doe, on the Demise of Isaac Winter, is Plaintiff, and Matthew Perratt and William Burge are Defendants:"

It is Ordered, That this House will hear the said Errors argued, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Scot v. Ker et al.

The House being informed, "That James Ker, and others, Respondents to the Appeal of Archibald Scot, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Andrew Scott of the City of Edinburgh, Writer to the Signet, of the due Service of the said Order, being read;

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

Scot v. Ker & Johnston: Scot v. Irving: Appellant's Petition for further Time to apply for peremptory Orders, referred to Appeal Com ee.

Upon reading the Petition of Alexander Gordon, Agent for Archibald Scot, Appellant in a Cause depending in this House, to which James Ker and Henry Johnston are Respondents; and also Appellant in a Cause depending in this House, to which John Irving is Respondent; praying their Lordships, "That the Appellant may be allowed a Fortnight's further Time to apply for the peremptory Orders for the said Respondents to put in their respective Answers to the said Appeals; and that the said Appeals may continue in their Place as at present among the Appeals of this 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.

Office of Clerk of the Parliaments, & Fee Fund, Papers respecting, presented, & referred to a Com ee.

The Lord Chancellor acquainted the House, "That the Clerk Assistant had prepared and laid upon the Table,

"An Account of the further Proceedings had in Execution of the Measures recommended in the Report of the Lords Committees upon the Office of Clerk of the Parliaments in Session 1824, in Continuation of the former Account laid before this House in the last Session of Parliament; together with a Certificate of the Amount of the General Fee Fund of The House of Lords."

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

Ordered, That the said Account and Certificate be referred to the Consideration of the Lords following:

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

Fructuozo Leave for a Naturalization Bill:

Upon reading the Petition of John Anthony Fructuozo of Bloomsbury Square, in the County of Middlesex, Merchant; praying Leave to bring in a Bill for his Naturalization:

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

Bill read.

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act for naturalizing John Anthony Fructuozo."

The said Bill was read the First Time.

Coal Trade, Petition of Proprietors of Coal Mines to renew Enquiry respecting:

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

A Petition of the Peers and Commoners, Proprietors and Lessees of Coal Mines near the Rivers Tyne and Wear, whose Names are thereunto subscribed, was presented and read; praying their Lordships "for the Renewal of the Enquiry on the Subject of the Coal Trade."

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

Select Com ee on the Subject revived:

Then it was moved, "That the Select Committee appointed in the last Session, to take into Consideration the State of the Coal Trade in the United Kingdom, together with the Duties of all Descriptions and Charges affecting the same, as well in the Port of London as in the several other Ports of the United Kingdom, and to report to the House, be revived."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the Lords following be appointed a Select Committee to take into Consideration the State of the Coal Trade in the United Kingdom, together with the Duties of all Descriptions and Charges affecting the same, as well in the Port of London as in the several other Ports of the United Kingdom; and to report to the House:

Their Lordships, or any Five of them, to meet on Monday the 22d of this instant February, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Petition referred to the Com ee:

Ordered, That the last-mentioned Petition be referred to the said Committee.

Petitions of last Session respecting the Coal Trade referred to the Com ee.

Ordered, That the several Petitions presented to the House in the last Session, respecting the State of the Coal Trade, and the Duty on Coals and Culm, be referred to the said Committee.

East India Com ee, Petitions of last Session on the India & China Trade referred to.

Ordered, That the several Petitions presented to the House in the last Session, for throwing open the Trade with the East Indies and China, be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Pacification of Greece, Motion respecting, Negatived.

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

It was moved to resolve, "That no Pacification or Settlement of Greece will appear to this House permanently advantageous to the Interests of Europe, or honourable to His Majesty's Crown, which does not give to that Country a Territory sufficient for National Defence both by Land and Sea, and which does not establish therein a Government with full Powers to adapt its Laws and Institutions to the Wants and Wishes of the People, and to protect its Subjects from all Foreign Interference in their Domestic Concerns."

Which being objected to; and a Question stated thereupon:

After Debate,

The previous Question was put, "Whether the said Question shall be now put?"

It was resolved in the Negative.

Bengal, &c. Establishments, Returns respecting, Ordered.

Ordered, That there be laid before this House, "A Return of the Establishments connected with the Civil Offices under each of the Three Presidencies of Bengal, Madras and Bombay, shewing the Number of Persons, and the Expence attaching to each Establishment, as it stood on the 1st of May 1817 and on the 1st of May 1827; and stating likewise the Date of new Establishments, or of any considerable Augmentations, and the Reasons assigned for the same:"

And also, "A Return of all Civil Offices under each of the Three Presidencies of Bengal, Madras and Bombay, with the Salary, and the Amount and Nature of any other Allowances annexed to each of such Offices, as they stood on the 1st May 1817 and on the 1st of May 1827; and further stating, in regard to Offices which have been created, or of which the Salaries or Allowances have been augmented, since the 1st of May 1817, the Date of such Creation and of such Augmentation or Augmentations, and the Reasons assigned for each respectively."

Malt Duty, Petition from Boroughbridge for Repeal of, &c.

Upon reading the Petition of the Owners and Occupiers of Land in the Neighbourhood of Boroughbridge, and others, whose Names are thereunto subscribed; praying their Lordships, "for the total Repeal of the Malt Tax, and a Revisal of the Corn Laws as far as they relate to the Duties payable on the Import of Foreign Barley; and that their Lordships will also take into their Consideration the System of licensing Alehouses, without a total Alteration in which the Repeal of the Beer Tax will only add to the Profits of the monopolizing Brewers:"

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, decimum quintum diem instantis Februarii, horâ decimâ Auroræ, Dominis sic decernentibus.