House of Lords Journal Volume 62: 31 March 1830

Die Mercurii, 31 Martii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Wynford sat Speaker by virtue of a former Commission.

Dawson et al. v. the Magistrates of Glasgow:

The House (according to Order) proceeded to take into further Consideration the Cause wherein Dawson and Mitchell and Adam Dawson are Appellants, and the Magistrates of Glasgow and their Tacksman are Respondents:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel, as well on Wednesday the 17th as Thursday the 18th and Wednesday the 24th Days of this instant March, upon the Petition and Appeal of Dawson and Mitchell, Distillers, of Old Basin near Glasgow, and Adam Dawson, Proprietor of the Lands on which their Distillery is erected; complaining of Three Interlocutors of the Lords of Session in Scotland, of the First Division, of the 14th and 30th of November and 20th of December 1827; and praying, "That the same might be reversed, varied or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of the Magistrates and Council of the City of Glasgow and Robert Wilson, late Tacksman of the Custom of the Ladle in the said City, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Judgment.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor of the Court of Session, of the First Division, of the 14th of November 1827, complained of in the said Appeal, in so far as it "finds that the Subjects are held by Burgage Tenure, and that the Town Clerk has the exclusive Privilege of preparing Sasines therein, and that the Sasines are to be recorded in the Burgh Register;" and in so far as it "appoints the Magistrates to lodge a Condescendence of the Usage concerning the levying of Ladle Dues;" be, and the same is hereby Affirmed: And it is further Ordered and Adjudged, That the said Interlocutor, in so far as it "finds that the Thirlage extends to invecta et illata, as well as to grana crescentia, Seed and Horse Corn and Bear excepted," be, and the same is hereby Reversed: And it is further Ordered and Adjudged, That the said Two other Interlocutors of the said Court, of the 30th of November and 20th of December 1827, also complained of in the said Appeal, be, and the same are hereby Affirmed: And it is further Ordered, That the Cause be remitted back to the Court of Session, to proceed therein as shall be consistent with this Judgment.

Allardice & Boswell v. Robertson.

After hearing Counsel, in Part, in the Cause wherein Robert Barclay Allardice and John Boswell Esquires are Appellants, and John Robertson is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off' till To-morrow.

Justice v. Callander.

Ordered, That the Hearing of the Cause wherein Miss Maria Campbell Rae Justice is Appellant, and William Burn Callander Esquire is Respondent, which stands appointed for this Day, be put off' till To-morrow.

Ld. Provost of Edinburgh et al. v. Mac Donald.

Ordered, That the Hearing of the Cause wherein The Lord Provost of the City of Edinburgh, and others, are Appellants, and Major William Mac Donald is Respondent, which stands appointed for this Day, be put off' till To-morrow.

The King's Answer to Address.

The Earl of Shaftesbury (in the Absence of the Lords with White Staves) reported, "That they had (according to Order) waited on His Majesty with their Lordships Address of Yesterday; and that His Majesty was pleased to receive the same very graciously, and to say, He would give Directions accordingly."

Criminal Offenders, Statements respecting, delivered.

The Earl of Shaftesbury laid before the House, pursuant to an Address to His Majesty of Monday last,

"Summary Statements of the Number of Persons charged with Criminal Offences who were committed to the different Gaols in England and Wales, for Trial at the Assizes and Sessions held for the several Counties, Cities, Towns and Liberties therein, during the last Seven Years; distinguishing the Number in each Year, and shewing the Nature of the Crimes respectively of which they were convicted, acquitted, and with which those were charged against whom no Bills were found, and who were not prosecuted; also the Sentences of those convicted, and the Number executed who received Sentence of Death."

And the Title thereof being read by the Clerk;

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

Ordered, That the said Paper be printed.

The Earl of Mar's Petition claiming the Earldom of Kellie, &c.

The Earl of Shaftesbury (by His Majesty's Command) presented to the House A Petition of John Francis Miller Earl of Mar, Lord Erskine, &c. to His Majesty; praying, "That His Majesty will be pleased to give the proper Directions for having the Petitioner's Right to the Titles and Honors of Earl of Kellie, Viscount Fenton and Lord Dirlton, declared and established;" together with His Majesty's Reference thereof to this House.

Which Petition and Reference were read by the Clerk, and are as follow; (viz ^t.)

"To The King's Most Excellent Majesty.

"The humble Petition of John Francis Miller Earl of Mar, Lord Erskine, &c. claiming the Titles, Honors and Dignities of Earl of Kellie, Viscount Fenton and Lord Dirlton;

"Sheweth,

"That His Majesty King James VI. of Scotland, by Letters Patent dated 18th March 1606, did create Thomas Lord Erskine of Dirlton Viscount, to be held by him "et hæredibus masculis de corpore suo legitime procreatis seu procreandis, quibus deficientibus, hæredibus suis masculis quibuscunque."

"That by subsequent Letters Patent, dated 12th of March 1619, His Majesty was further pleased to elevate the same Nobleman to the Honors and Dignities of Earl of Kellie, Viscount Fenton, Lord Dirlton, with Limitation to him "et hæredibus suis masculis cognomen et insignia de Erskine gerentibus."

"That by the legal Import of these Limitations the said Honors are not restricted to the Heirs Male of the Body of the Patentee, but are descendible to his Heirs Male General.

"That after the Death of the Patentee, they came, in Terms of the Patent, to his lineal Heir Male in the ordinary Course of Law, by whom they were constantly held until the Death of the late Methven Earl of Kellie, Viscount Fenton, &c. in 1829.

"That in him, the said Methven Earl of Kellie, the lineal Male Issue of the Patentee failed.

"That the Petitioner is the lineal Heir Male of John Earl of Mar, Regent of Scotland, who was immediate elder Brother of Alexander Erskine of Gogar, Master of Mar, the Father of the Patentee.

"That the Petitioner, as such, and in failure likewise of all nearer Heirs Male, is now the Heir Male General of the Patentee, and most humbly apprehends himself entitled to the Honors mentioned in the Patents, which are the regulating Grants of the Dignities.

"Your Petitioner therefore most humbly prays Your Majesty will be graciously pleased to give the proper Directions for having Your Petitioner's Right to the said Titles and Honors declared and established.

"And Your Petitioner shall ever pray.

"Mar."

"Whitehall, 23d March 1830.

"His Majesty, being moved upon this Petition, is graciously pleased to refer the same to The Right Honorable The House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"R. Peel."

Ordered, That the said Petition, with His Majesty's Reference thereof to this House, be referred to the Consideration of the Lords Committees for Privileges; whose Lordships having considered thereof, and heard such Persons concerning the same as they shall think fit, are to report their Opinion thereupon to the House.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Morgan v. Evans et al. Petition to present Cross Appeal, referred to Appeal Com ee

Upon reading the Petition of Herbert Evans, One of the Respondents in a Cause depending in this House, to which Francis Morgan is Appellant; setting forth, "That the Appellant, on the 16th Day of February 1830, presented his Petition of Appeal to their Lordships, complaining of Four several Orders of His Majesty's Court of Exchequer, bearing Date respectively the 4th Day of February 1827, the 3d Day of May 1827, the 12th Day of May 1829 and the 6th Day of July 1829, made in Four several Causes, in the first of which Sir Watkin Lewes Knight was Plaintiff, and James Morgan and Amelia his Wife, William Farrer, James Morgan Clerk and Mary Ann his Wife, Henry Wilder, George Morgan, Dame Rebecca Eleanora Lewes and Justina Anna Lewes, were Defendants; in the second, the said Sir Watkin Lewes was Plaintiff, and Bartholomew Higgins, Executor of the said William Farrer deceased, Francis Morgan, and James Morgan Esquire, Executors of the said James Morgan Clerk, deceased, and Joan Wilder, Administratrix of the said Henry Wilder deceased, were Defendants; in the third, the said Francis Morgan, Executor of the said John Morgan deceased, was Plaintiff, and Herbert Evans, Heir at Law of the said Sir Watkin Lewes deceased, Jacob Warner, John Garrard and William Hooker, Executors of the said Bartholomew Higgins deceased, the said James Morgan Esquire, and Mary Ann Morgan, and Joan Wilder, and William Morgan and Charles Morgan, Executors of the said George Morgan deceased, were Defendants; and in the last, the said Francis Morgan was Plaintiff, and John Jenkins and Philip Hurd, Administrators of the said Sir Watkin Lewes, were Defendants, by original and amended Bill, and several Bills of Revivor; to which Appeal the Petitioner put in his Answer on the 25th Day of February 1830: That the Petitioner conceives himself aggrieved by Part of the said Order of the 6th Day of July 1829, and has been advised by his Counsel to prefer a Cross Appeal against so much thereof as he conceives himself aggrieved by: That from the Intricacy of the Matters in question in this Cause, and the voluminous Proceedings that have taken place, and which are necessary to be referred to, the Petitioner has not been able to procure the Draft of his said Cross Appeal from his Counsel until after the Time limited by their Lordships Standing Order for presenting Cross Appeals:" and therefore praying, "That their Lordships will be pleased to order that the Petitioner may be at liberty to present his Cross Appeal against so much of the said Order of the 6th Day of July 1829 as he conceives himself aggrieved by:"

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.

Criminal Laws, Petitions from Guisbrough & Maldon for Revision of.

Upon reading the Petition of the Inhabitants of Guisbrough and its Vicinity, in the North Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships, "That they will take the Revisal of the Criminal Code into their most serious Consideration, as such Revisal would be as beneficial to the Interests of the Nation as conducive to its Fame; the Laws would no longer contribute to the Commission of Crime by encouraging the Hope of Impunity; they would no longer do Violence to the kind Feelings of those who seek and those who administer Justice; but, mitigated by the Suggestions of enlightened Policy, and tempered by the Benevolence of Christian Principles, they would be cherished by every good Subject with cordial Attachment and uniform Support:"

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

Upon reading the Petition of the Inhabitants of Maldon and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to substitute, instead of Death, some other Punishment for Forgery, which may assuredly visit Offenders; and that, by more Certainty and less Severity, an effectual Check may be given to that increasing Crime, and those relating to Property:"

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

Munro & Rose v. Saunders et al. Munro & Rose v. Drummond et al.

Ordered, That the Cause wherein Mrs. Catherine Munro or Rose, and Hugh Rose her Husband, are Appellants, and John Saunders or Woodman, and others, are Respondents; and also the Cause wherein Mrs. Catharine Munro and Hugh Rose her Husband are Appellants, and Andrew Berkeley Drummond Esquire, and others, are Respondents, be heard by Counsel at the Bar on the first Day for hearing Scotch Appeals after the Easter Recess.

Rawcliffe Inclosure Bill.

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

Catterick Bridge Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the 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," 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."

Carmarthen & Brechfâ Road Bill Specially reported.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the 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;" That the Committee had met, and considered the said Bill, and, in the first Place, proceeded to enquire how far the Standing Orders of the House relative to Road Bills had been complied with, and found that no Notices of the Bill had been given in the County Newspapers in the Months of August, September, October or November, as it was stated to the Committee by Richard Pugh, acting Clerk to the Trustees of the said Roads, that in consequence of the Death of several of the Clerks to the Trustees of the said Roads, all the Acts, with the Exception of One, were lost or mislaid, and no Date appearing on that Act, it was only about the latter End of November last, by Accident, discovered that the Term of the said Act expired at the End of the present Session of Parliament; but that immediately thereupon a Meeting of the Trustees was called, and by their Direction, Notices were inserted Three Times in the Carmarthen Journal, namely, on the 25th of December and 1st and 8th of January last; it was also further stated by him, to shew that under the said Circumstances as much Publicity had been given as possible, that Notices of the Bill were placed on all the Turnpike Gates and Bars along the whole Line of Road, and a Notice was also affixed on the Sessions House Door at Carmarthen at the last Epiphany Quarter Sessions, and printed Notices were also sent by the Post to all Persons who were conceived to be interested in the Measure of the Bill; and that the Committee had gone through the Bill, and directed him to report the same to their Lordships, without any Amendment."

Which Report being read by the Clerk;

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

Rhodes v. De Beauvoir.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Rhodes is Appellant, and Richard Benyon De Beauvoir is Respondent:"

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

Marriage Service, Petition of Unitarians of Chichester respecting.

Upon reading the Petition of the Persons professing the Unitarian Faith, and assembling for Worship in the City of Chichester, whose Names are thereunto subscribed; praying their Lordships "to provide some other Means or Form than the present Marriage Service for the public Attestation and regular Solemnization of Matrimony, so far as social or political Interests may require such public Attestation, as it appears to the Petitioners to be unjust, and an Infringement on Religious Liberty, that any should be obliged to comply with a Religious Service, the Terms of which do Violence to their Judgment and Feeling:"

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

Tithe Laws, Petition from Diss for Alteration of.

Upon reading the Petition of the Inhabitants of the Hundred of Diss, in the County of Norfolk, being all either Landowners, or Payers or Receivers of Tithes, whose Names are thereunto subscribed; praying their Lordships, "to take into Consideration the Laws respecting Tithe, and to devise some Means by which the Clergy may be more justly and equally paid, and the Petitioners relieved from the Burdens which cramp their Industry, repress their Exertions, and ruin their Hopes:"

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

Ouchterlony v. Lord Lynedoch & Macdonald.

It was moved, "That the Order made Yesterday, "That the Hearing of the Cause wherein John Ouchterlony Esquire is Appellant, and General Thomas Lord Lynedoch and William Macdonald Esquire are Respondents, be put off to Monday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Indemnity Bill:

Hodie 3^a vice lecta est Billa, 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."

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. Farrer and Sir Giffin Wilson;

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

County Palatine of Durham Bill:

Hodie 3^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."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

A Message was sent to the House of Commons, by the former Messengers;

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

East India, &c. Trade, Petitions for opening, referred to East India Com ee (Gorbals:)

Upon reading the Petition of the Persons whose Names are thereunto subscribed, being the Principal Baillie, the Resident Baillie, and the Birleymen or Counsellors of the Barony of Gorbals, comprehending the Districts of Gorbals, of Hutcheson-Town, of Trades-town, of Lauriestown, and of King's-Town of the South Side of the River Clyde from the City of Glasgow; praying their Lordships, "That at the earliest Period allowed by Law such Measures may be adopted as shall secure to all His Majesty's Subjects in the United Kingdom a Free Trade to all the Countries situated to the Eastward of the Cape of Good Hope, and the Liberty of proceeding to and residing in those Countries, under such Regulations as to their Lordships may seem proper, and consistent with the good Government, Tranquillity and Safety of the British Possessions in the East Indies:"

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

Ordered, That the said Petition 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.

Holbeck:

Upon reading the Petition of the Inhabitants of the Clothing District of Holbeck, in the County of York, whose Names are thereunto subscribed; praying their Lordships, "That a Free Trade with China, particularly in Tea and Woollens, as well as the Right of trading and settling in India, may be granted to all His Majesty's Subjects:"

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

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

Horbury:

Upon reading the Petition of the Inhabitants of the Clothing District of Horbury, in the County of York, whose Names are thereunto subscribed; praying their Lordships, "That the exclusive Privileges of Trade possessed by The East India Company may no longer be permitted to continue:"

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

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

Cleckheaton:

Upon reading the Petition of the Inhabitants of the Clothing District of Cleckheaton, in the County of York, whose Names are thereunto subscribed; praying, "That their Lordships will determine The East India Company's exclusive Privileges of Trade as soon as the Law will permit:"

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

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

Birstal.

Upon reading the Petition of the Inhabitants of the Clothing District of Birstal, in the County of York, whose Names are thereunto subscribed; praying their Lordships, "That, as soon as the Law will permit, the Petitioners may have secured to themselves, and all others of His Majesty's Subjects, a Free Trade with China, and the Right of settling and trading in all the British Dependencies East of the Cape of Good Hope:"

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

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

East Retford Witnesses Indemnity Bill.

Ordered, That the Bill, intituled, "An Act to indemnify Witnesses who may give Evidence, before the Lords Spiritual and Temporal, on a Bill to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford," be read the Third Time To-morrow.

Shakerley's Divorce Bill, Witnesses to attend.

Ordered, That Francis Cale Humbert and Henry Williams Esquire do attend this House on Friday next, in order to their being examined as Witnesses upon the Second Reading of 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."

Orphans Fund, &c. Accounts delivered.

The House being informed, "That Mr. Scott, from the Chamber of London, attended;"

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

"An Account of Monies received and paid by the Chamberlain of the City of London, from the 22d July 1828 to the 4th August 1829, being the Produce of the several Duties appropriated to the Orphans Fund; together with the Expenditure of the same, consisting of Interest, Expences of Management, &c. for the Year ending the 5th July 1829:"

Also, "A Statement of the Surplus arising from the Orphans Fund, together with the Application of the same, in the Year ending the 4th August 1829, towards the Extinction of the Debt:"

Also, "A Statement of the several Sums which have been charged upon the Orphans Fund by various Acts of Parliament for effecting sundry Public Works, remaining due on the 4th August 1829:"

Also, "An Account of Monies received and paid by the Chamberlain of the City of London for rebuilding London Bridge, and for improving and making suitable Approaches thereto, from the 31st December 1828, exclusive, to the 31st December 1829, inclusive;"

Also, "A Statement of Monies received and paid by the Chamberlain of the City of London on account of the Expence of paving, lighting, &c. the said City and Liberties, from the 29th September 1828, exclusive, to the 29th September 1829, inclusive:"

Also, "A Statement of Monies received and paid by the Chamberlain of the City of London, (on account of the Expence of maintaining, repairing and cleansing the Sewers, &c. of the said City and Liberties,) from the 29th September 1828, exclusive, to the 29th September 1829, inclusive:"

Also, "An Account of Monies received and paid by the Chamberlain of the City of London for improving the Navigation of the River Thames, &c. Westward of London Bridge, within the Liberties of the City of London, and for further improving the said Navigation, for One Year, to the 29th September 1829:"

Also, "An Account of Monies received and paid by the Chamberlain of the City of London in relation to the Market established for the Sale of Coals, from the 31st of December 1828, exclusive, to the 31st of December 1829, inclusive:"

Also, "A Statement of Monies received and paid by the Chamberlain of the City of London on account of the Metage and Inspection of Coals, by the Principal Land Sea Coal Meters, from the 31st December 1828, exclusive, to the 31st December 1829, inclusive:"

Also, "An Account of Monies received and paid by the Chamberlain of the City of London, advanced out of the general Tonnage Duties, for the Purpose of defraying the Costs and Charges of maintaining, repairing, altering and renewing the Mooring Chains in the River Thames, &c. and also for paying the Salaries of the several Harbour Masters and their Assistants, from the 31st December 1828, exclusive, to the 31st December 1829, inclusive:"

"Also, "An Account of Monies received and paid by the Chamberlain of the City of London for lighting, watching, cleansing and repairing Blackfriars Bridge, from the 29th September 1828, exclusive, to the 29th September 1829, inclusive:"

And also, "An Account of Monies received and paid by the Chamberlain of the City of London in relation to the Canal in the Isle of Dogs, from the 31st December 1828 to the 13th August 1829, the Period at which the said Canal was sold to The West India Dock Company, under the Authority of the Act of the 10th George 4th, C. 130."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Aprilis jam prox. sequen. horâ decimâ Auroræ, Dominis sic decernentibus.