House of Lords Journal Volume 62: 22 February 1830

Die Lunæ, 22 Februarii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Scot v. Ker et al.

The joint and several Answers of James Ker and Henry Johnston Esquires, Managers of and for Behoof of the Leith Banking Company, and John Bisset, Solicitor in the Supreme Courts of Scotland, to the Petition and Appeal of Archibald Scot, Writer and late Banker at Langholm, was this Day brought in.

Scot v. Ker & Johnston.

As was also, The joint and separate Answers of James Ker Esquire and Henry Johnston Esquire, Managers of and for Behoof of the Leith Banking Company, to the Petition and Appeal of Archibald Scot, late Banker in Langholm.

Franklin & Gough v La Touche et al.

Ordered, That the Hearing of the Cause wherein John Franklin and Richard Franklin Gough are Appellants, and Robert La Touche Esquire, and others, are Respondents, which stands appointed for this Day, be put off sine Die.

Deare v. The Attorney General.

After hearing Counsel, in Part, in the Cause wherein Charles Deare is Appellant, and His Majesty's Attorney General is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Friday next.

Amicable Assurance Society v. Bolland et al.

Ordered, That the Cause wherein the Amicable Assurance Society are Appellants, and James Bolland, and others, are Respondents, be heard by Counsel at the Bar on Friday next.

Dr. Browne v. Woollsey et al.

Ordered, That the Cause wherein Doctor Thomas Browne is Appellant, and John Woollsey, and others, are Respondents, be heard by Counsel at the Bar on Friday next.

Ld. Redesdale takes his Seat.

This Day John Thomas Lord Redesdale sat first in Parliament, after the Death of his Father John Lord Redesdale; his Lordship having first, at the Table, taken the Oaths, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Ld. Ellenborough Leave for a Divorce Bill:

A Petition of The Right Honorable Edward Baron Ellenborough, praying their Lordships, "That Leave may be granted him to bring in a Bill to dissolve the Marriage between the Petitioner and Jane Elizabeth Baroness Ellenborough his Wife, and to enable the Petitioner to marry again," being offered to be presented to the House;

The House was informed, "That Mr. James William Freshfield was attending."

He was Ordered to be called in:

And being called in accordingly, and sworn at the Bar, delivered a Copy of the Proceedings for a Divorce a Mensâ et Thoro, and the Definitive Sentence of Divorce in the Consistory Court of The Bishop of London, intituled, Lord Ellenborough against Lady Ellenborongh," which he said he had examined with the Originals, and that the same were true Copies:

And then he withdrew.

Ordered, That the said Proceedings and Sentence do lie on the Table.

Then the said Petition was presented and read.

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

Bill presented:

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act to dissolve the Marriage of The Right Honorable Edward Baron Ellenborough with The Right Honorable Jane Elizabeth Baroness Ellenborough his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Order for 2d Reading:

Ordered, That the said Bill be read a Second Time on Tuesday the 9th of March next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Edward Baron Ellenborough may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Jane Elizabeth Baroness Ellenborough may have a Copy of the Bill, and that Notice be given her of the said Second Reading; and that she be at liberty to be heard by her Counsel what she may have to offer against the said Bill, at the same Time.

Ld. Ellenborough to attend.

Ordered, That Edward Baron Ellenborough do attend in his Place in this House on Tuesday the 9th of March next, in order to his being examined upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of The Right Honorable Edward Baron Ellenborough with The Right Honorable Jane Elizabeth Baroness Ellenborough his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," if the House shall think fit, whether there has or has not been any Collusion, directly or indirectly, on his Part, relative to any Act of Adultery that may have been committed by his Wife; or whether there be any Collusion, directly or indirectly, between him and his Wife, or any other Person or Persons, touching the said Bill of Divorce, or touching any Proceedings or Sentence of Divorce had in the Ecclesiastical Court at his Suit, or touching any Action at Law which may have been brought by him against any Person for Criminal Conversation with his the said Edward Baron Ellenborough's Wife, and also whether, at the Time of the Adultery of which he complains, his Wife was, by Deed, or otherwise by his Consent, living separate and apart from him, and released by him, as far as in him lies, from her conjugal Duty, or whether she was, at the Time of such Adultery, cohabiting with him, and under the Protection and Authority of him as her Husband.

Hamerton Leave for a Divorce Bill:

A Petition of William Medows Hamerton of Leckhampton near Cheltenham, in the County of Gloucester, Esquire, praying their Lordships, "That Leave may be given to bring in a Bill to dissolve his Marriage with Isabella Frances Hamerton his now Wife, and to enable him to marry again," being offered to be presented to the House;

The House was informed, "That Mr. Thomas Griffiths was attending."

He was Ordered to be called in:

And being called in accordingly, and sworn at the Bar, delivered a Copy of the Proceedings for a Divorce a Mensâ et Thoro, and the Definitive Sentence of Divorce in the Arches Court of The Archbishop of Canterbury, intituled, "Hamerton v. Hamerton," which he said he had examined with the Originals, and that the same were true Copies:

And then he withdrew.

Ordered, That the said Proceedings and Sentence do lie on the Table.

Then the said Petition was presented and read.

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

Bill presented:

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act to dissolve the Marriage of William Medows Hamerton Esquire with Isabella Frances his now Wife, and to enable him to marry again; and for other Purposes."

The said Bill was read the First Time.

Order for 2d Reading:

Ordered, That the said Bill be read a Second Time on Wednesday the 10th of March next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said William Medows Hamerton may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Isabella Frances Hamerton may have a Copy of the Bill, and that Notice be given her of the said Second Reading; and that she be at liberty to be heard by her Counsel what she may have to offer against the said Bill, at the same Time.

Petitioner to attend.

Ordered, That William Medows Hamerton Esquire do attend this House on Wednesday the 10th of March next in order to his being examined upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Medows Hamerton Esquire with Isabella Frances his now Wife, and to enable him to marry again; and for other Purposes," if the House shall think fit, whether there has or has not been any Collusion, directly or indirectly, on his Part, relative to any Act of Adultery that may have been committed by his Wife; or whether there be any Collusion, directly or indirectly, between him and his Wife, or any other Person or Persons, touching the said Bill of Divorce, or touching any Proceedings or Sentence of Divorce had in the Ecclesiastical Court at his Suit, or touching any Action at Law which may have been brought by him against any Person for Criminal Conversation with his the said William Medows Hamerton's Wife; and also whether, at the Time of the Adultery of which he complains, his Wife was, by Deed, or otherwise by his Consent, living separate and apart from him, and released by him, as far as in him lies, from her conjugal Duty, or whether she was, at the Time of such Adultery, cohabiting with him, and under the Protection and Authority of him as her Husband.

Sovereigns issued by the Bank, Account of, delivered.

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

He was called in; and delivered at the Bar, pursuant to an Order of Thursday last,

"An Account of the Amount of Sovereigns and Half Sovereigns issued by The Governor and Company of the Bank of England from the 1st January 1821 to the 31st December 1829, both inclusive, distinguishing the Amount issued in Exchange for Guineas, also of the Amount of the same received by them during the same Period, distinguishing the Amount paid, the Amount received, and the Balance."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Ordered, That the said Account be printed.

Mein v. M'Clelland et al.

Ordered, That the Cause wherein Alexander Mein is Appellant, and James M'Clelland, and others, are Respondents, be heard by Counsel at the Bar To-morrow.

Campbell v. Macfarlane et al.

Ordered, That the Cause wherein Alexander Campbell junior, Esquire, is Appellant, and William Macfarlane, and others, are Respondents, be heard by Counsel at the Bar To-morrow.

Gray & Woodrop v. M'Nair.

Ordered, That the Cause wherein Robert Gray and John Woodrop are Appellants, and James M'Nair Esquire, is Respondent, be heard by Counsel at the Bar, Tomorrow.

East India, &c. Trade, Petition from Glocester for opening, referred to East India Com ee.

Upon reading the Petition of the Woollen Manufacturers of the County of Glocester, whose Names are thereunto subscribed; praying their Lordships "for the Establishment of a free Trade with India and China, as a Resource to the present reduced Condition of their Manufacturing Interests, and as a Field for the Employment of the Labour of their deeply-suffering Poor:"

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

It is 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.

Distress of the Country, Petitions from Wiltshire & Narberth respecting.

Upon reading the Petition of the Inhabitants of the County of Wilts, whose Names are thereunto subscribed; praying their Lordships, "speedily, thoroughly and boldly to enquire into the Causes and Extent of the alarming Distress which pervades both the Manufacturing and Agricultural Districts of this Country, and of the Difficulties in which all Classes of the Community are involved, and with the most earnest Attention to consider what Errors may have been committed, and what Remedies may still be found to alleviate the Sufferings of which they thus strongly but justly complain:"

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

Upon reading the Petition of the Inhabitants of the Town of Narberth (and its Vicinity,) in the County of Pembroke, whose Names are thereunto subscribed; praying their Lordships "to take into their Consideration, at an early Period of the Session, the present State of the Agriculturists, and the Labouring Classes of all Denominations, and to adopt such Measures for their Relief as to their Lordships shall seem meet:"

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

Agricultural Distress, Petition from Horncastle respecting, & against Importation of Foreign Wool.

Upon reading the Petition of the Gentry, Clergy, Owners and Occupiers of Land, and Tradesmen, in the Town and Neighbourhood of Horncastle, in the County of Lincoln, whose Names are thereunto subscribed; praying their Lordships, "in the alarming State of Distress of the Agricultural Interest, to retrace their Steps, and by timely Aid to avert those terrific Consequences which otherwise must inevitably ensue; and to afford the British Wool Grower that Protection from Foreign Competition which an excessive Taxation justly entitles him to demand:"

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

Leather Duty, Petition of Tanners of Monaghan for Repeal of.

Upon reading the Petition of the Tanners of the County of Monaghan, whose Names are thereunto subscribed; praying their Lordships "to take the Petitioners Case into their Consideration, and grant a total Repeal of the Duty on Leather:"

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

Slavery, Petition from Lewes for Abolition of.

Upon reading the Petition of the Inhabitants of Lewes and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to take into Consideration the Propriety of using some efficient Measures for carrying into full Effect the Resolutions respecting Slavery passed by this House in 1823, and the Instructions of Lord Bathurst sent to the Colonies in 1826, these being considered by the Petitioners as important Means for the Mitigation and final Extinction of Slavery; and that in the mean time their Lordships will especially recommend to His Majesty's Ministers, that in all Appointments of Clerical or Civil Officers in the Colonies Care may be taken to select Men who have not the most distant Interest in the Slave System nor Connexion with its Upholders, whose inflexible Integrity will preserve them from the contaminating Influence of a Contact with Colonial Customs, and who will not be diverted from carrying forward to the utmost of their Power those enlightened and benevolent Measures which the Government stands pledged to effect for the Religious and Temporal Benefit of the Slave Population; and that their Lordships will take into Consideration the Bounties and Protecting Duties on Slave-grown Produce, with the view to their Removal:"

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

Turnpike Roads, (Ireland,) T. Dillon's Petition respecting.

Upon reading the Petition of Thomas Dillon of the City of Dublin, Hotel Keeper, Coach and Caravan Proprietor; praying their Lordships "to grant him Leave to bring in a Bill to regulate, keep in Repair and make more effectual and easy, the Road, and Turnpike Toll thereon, from Naas to Limerick; and to repeal certain Parts of an Act of the Parliament of Ireland relating to the said Road, passed in the 33d Year of the late Reign, and all subsequent Enactments founded thereon; and also to alter and amend all the Turnpike Laws in Ireland that impose a Toll of Four-pence a Horse at any Gate, upon Vehicles for Hire, beyond other Vehicles; and that their Lordships may take the whole of the Premises into Consideration, with the view that all Turnpike Tolls in Ireland may in future be abolished:"

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

Com ee on the Coal Trade, Evidence to be printed:

Ordered, That the Evidence taken from Time to Time before the Select Committee appointed 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, be printed for the Use of the Members of this House, but that no Copies thereof be delivered, except to the Members of the Committee, 'till further Order.

Witnesses to attend the Comee.

Ordered, That George Richmond, David Davies, Thomas Storey, George Apledale, Anthony Gibson, John Waters, William Williamson, William Burlinson and Hilton Reay do attend this House To-morrow, to be sworn, in order to their being examined as Witnesses before the last mentioned Committee.

Gardiner v. Simmons, Petition to present Appeal, referred to Appeal Comee.

Upon reading the Petition of William Spells Gardiner, by George Sharp, his Agent; setting forth, "That the Petitioner hath been advised to present his Petition of Appeal to their Lordships against Two Orders, bearing Date the 20th Day of November last and the 16th Day of December last, made by the Court of Exchequer at Westminster, wherein John Henry Nainby is the Plaintiff, and Stephen Simmons, and others, are the Defendants: That he obtained the Signature of John Cooke Esquire, One of his Counsel, (who drew such Petition,) on the 18th Day of this instant February; that he afterwards attended at the Chambers of I A F Simpkinson Esquire, his Senior Counsel, in the Matter of this Appeal, but the said Mr. Simpkinson being absent, his Signature to the said Petition could not be obtained until the Morning of the 19th of February instant: That the Petitioner conceiving the Fifteen Days from the Commencement of Parliament to be exclusive of the First Day, that he had the whole of the 19th of February to present the said Petition of Appeal: That the Petitioner fully intends to prosecute his said Appeal, if their Lordships should be pleased to allow him to prefer his said Petition, to which he hath obtained the Signature of his said Two Counsel: That the Petitioner hath, by his said Agent, given Notice of such Appeal, and of his Intention to prefer this Petition to their Lordships, to the Agents of the said Respondent: That the Petitioner has obtained the Consent of Messieurs Palmer, France and Palmer, the Agents for the above-named Respondent, to their Lordships receiving the Petition of Appeal of the said Appellant, and the Petitioner has annexed such Consent to this Petition;" and therefore praying, "That their Lordships will be pleased to receive the Petitioner's said Petition of Appeal:"

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.

Ld. Mount Sandford's et al. Petition referred to Judges.

Upon reading the Petition of The Right Honorable George Lord Mount Sandford of Stowey Meade, in the County of Somerset, and of William Henry Worth Newenham of Coolmore, in the County of Cork, Esquire, and of The Honorable and Reverend Henry Pakenham of Ardbracken, in the County of Meath, Archdeacon of Emly, and Robert Newenham of Cullenswood, in the County of Dublin, Esquire; 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 King's Bench in Ireland, and Mr. Justice Torrens in Ireland, 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.

Ld. Cremorne's Guardian's Petition referred to Judges.

Upon reading the Petition of Thomas Ellis Esquire, the Guardian appointed by the High Court of Chancery in Ireland of the Fortunes of The Right Honorable Richard Baron Cremorne, an Infant, on Behalf of the said Infant; 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.

1st 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 Marquess of Bute against Couper and others; Allardice and another against Robertson; Morton against Hunter and others; Maclellan against Macleod; Logan and others against Wienholt and another; The Marquess of Westmeath against The Marquess of Salisbury and others; Freeman and others against Fairlie and others; Rothschild against Brookman; and Scot against Ker and another; and Scot against Irving; "That the Committee had met, and considered the Respondents Petitions in the Causes The Marquess of Bute against Couper and others, Allardice and another against Robertson, Morton against Hunter and others, Maclellan against Macleod, and the separate Petitions of John Birkett Wienholt and Mary Wienholt, Two of the Respondents in the Cause Logan and others against Wienholt and another, severally praying their Lordships that they may be allowed to deliver in their printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may be allowed now to deliver in their printed Cases: That the Committee had also considered the Petition of Emily Marchioness of Westmeath, One of the Respondents in the Cause The Marquess of Westmeath against The Marquess of Salisbury and others, praying their Lordships to take the Appeal into their immediate Consideration, and decide thereon forthwith; and had heard the Agents thereon, and the Committee are of Opinion, That the said Cause should be appointed for further Consideration on Friday the 5th of March next: That the Committee had also considered the Appellants Petition in the Cause Freeman and others against Fairlie and others, praying their Lordships that the Time for entering into the Recognizance on the Appeal may be enlarged, and that the further Proceedings in the Appeal may be suspended until after the Hearing of the Supplemental Cause instituted by Elizabeth Oldham and William Smith and Charlotte his Wife; and had heard the Agents thereon, and the Committee are of Opinion, That the Appellants should be ordered to enter into the usual Recognizance within a Week, but that the further Proceedings on the Appeal ought not to be stayed in the Manner prayed by the Petitioners: That the Committee had also considered the Appellant's Petition in the Cause Rothschild against Brookman, praying their Lordships to allow him to amend the Title of his Petition of Appeal by inserting therein the Names of the Defendants in the Title of the Cause therein set forth; and had heard the Appellant's Agent thereon, who stated the said Names to be "Armschell Mayer Rothschild, Salomon Mayer Rothschild, Carl Mayer Rothschild and James Mayer Rothschild, out of the Jurisdiction of this Court," and the Committee are of Opinion, That the Petitioner may be allowed to amend the Title of his Petition of Appeal, as desired: And that the Committee had also considered the Petition of Alexander Gordon of Old Broad Street, in the City of London, Agent for the Appellant in the Two Causes Scot against Ker (presented on the 1st of April 1829) and Scot against Irving, praying their Lordships that the said Appellant may be allowed a Fortnight's further Time to apply for the peremptory Orders for the Respondents to put in their respective Answers to the Appeals; and that the said Appeals may continue in their Place as at present among the Appeals; and had heard the Agents thereon, and the Committee are of Opinion; That the said Appellant may be allowed, so far as regards the said Appeal Scot against Ker, to apply forthwith for a peremptory Order on the Respondent to answer the said Appeal; but that with respect to the Portion of the Petition relating to the said Appeal of Scot against Irving, the Committee are further of Opinion that the same should stand over for further Consideration."

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

Liverpool Docks Account delivered.

The House being informed, "That Mr. Pickering, from the Trustees of the Liverpool Docks, attended;"

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

"An Account of the Receipt and Disbursement of the Dock and Light Duties at the Port of Liverpool from the 25th June 1828 to the 24th June 1829."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem instantis Februarii, horâ decimâ Auroræ, Dominis sic decernentibus.