House of Lords Journal Volume 62: 2 March 1830

Die Martis, 2 Martii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hicks & Williams v. Morant.

The Answer of John Morant Esquire to the Petition and Appeal of Robert Hicks and Richard Williams was this Day brought in.

21st Report of Com rs of Revenue Inquiry, Address for.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, A Copy of the Twenty-first Report of the Commissioners appointed to inquire into the Collection and Management of the Revenue."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Bouchier et al. v. Dillon et al.

Upon reading the Petition of William Bouchier, and others, Appellants in a Cause depending in this House, to which Susanna Dillon, and others, are Respondents; praying, "That their Lordships will be pleased to postpone the Hearing of this Appeal for Three Weeks, or for such other Time as their Lordships shall think fit:"

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

Consolidated Fund Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to apply certain Sums of Money out of the Consolidated Fund, and from the Aids granted for the Year One thousand eight hundred and twenty-nine, to the Service of the Year One thousand eight hundred and thirty."

The Question was put, "Whether this Bill shall be committed?"

It was resolved in the Negative.

Ordered, That the said Bill be read the Third Time To-morrow.

Lunatic Licensing Balances Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to authorize the Transfer of certain Balances in the Hands of the Clerks of the Peace of the several Counties of England and Wales, on account of Lunatic Asylums Licences."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

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

Ordered, That the Cause wherein George Thomas John Marquess of Westmeath is Appellant, and James Marquess of Salisbury, and others, are Respondents, be further heard, by One Counsel of a Side, at the Bar on Friday next.

2d 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; Cogan against Lyon and others; Harris against Kemble and others; Sir Gerard Noel Noel Baronet against Rochfort and others; Dillon against Sir William Parker Baronet; Sir James Montgomery Baronet and others against Maxwell; Munro or Rose and another against Saunders or Woodman and others; Allardice and another against Robertson; Grahame against Jolly; Taylor and others against Forbes and others; The Honorable Edward Mullins and others against Townsend; and Gardiner against Simmons; "That the Committee had met, and considered the Respondents Petition in the Cause Cogan against Lyon and others, and the Petition of Gustavus Rochfort and Richard Rochfort, Two of the Respondents in the Cause Sir Gerard Noel Noel Baronet against Rochfort and others, severally praying their Lordships for Leave now to lodge 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 Charles Kemble, John Saltren Willett and John Forbes, Three of the Respondents in the Cause Harris against Kemble and others, praying their Lordships for Leave to deposit their Case and Appendix forthwith; and had heard the Appellant's Agents thereon, and the Committee are of Opinion, That the Petitioners may be allowed now to deliver in their printed Case and Appendix: That the Committee had also considered the Petition of James Archibald Murray of Chancery Lane, in the County of Middlesex, Solicitor and Agent for the Appellant in the Cause Dillon against Sir William Parker Baronet, praying their Lordships That the Hearing of the Appeal may be adjourned until Monday the 22d Day of March instant, or until such other Day as to their Lordships shall seem meet; and had heard the Appellant's Agent thereon, who stated, that the Respondent's Agent was consenting thereto, and the Committee are of Opinion, That the Hearing of the said Appeal may be adjourned to the 22d of this instant March, as desired: That the Committee had also considered the Appellants Petition in the Cause Munro or Rose and another against Saunders or Woodman and others, praying their Lordships That this Cause may be appointed for hearing on the first Cause Day after the 24th of March, or on such other Day, between that Day and the 8th of April following, as to their Lordships may seem fit; and had heard the Agents thereon, and the Committee are of Opinion, That the said Cause should be appointed to be heard on Friday the 26th of this instant March: That the Committee had also considered the Appellants Petition in the Cause Sir James Montgomery Baronet and others against Maxwell, praying their Lordships to postpone the Hearing of the Cause until Friday the 26th of March instant, or to such other Day as their Lordships may think proper; and had heard the Agents thereon, and the Committee are of Opinion, That the Hearing of the Cause may be postponed until Friday the 26th of this instant March, as desired: That the Committee had also considered the Respondent's Petition in the Cause Allardice and another against Robertson, praying their Lordships That the said Appeal may be appointed to be heard according to the Provisions and Directions of an Act of the 55th Year of the Reign of His late Majesty King George the Third, for extending Trial by Jury to Civil Causes in Scotland, or on such other Day as their Lordships may please to appoint; and had heard the Agents thereon, and the Committee are of Opinion, That the said Cause should be appointed to be heard on Wednesday the 24th of this instant March: That the Committee had also considered the Petition of John Allan Powell of Lincoln's Inn, in the County of Middlesex, Gentleman, Agent for the Appellant in the Cause Grahame against Jolly, praying their Lordships, That the Time for entering into the usual Recognizance may be enlarged, and that the Appellant or the Petitioner may be at liberty now to enter into the same, and that the Petition of Appeal may be restored; and had heard the Agents thereon, and the Committee are of Opinion, That the said Appellant or the Petitioner may be allowed to enter into the usual Recognizance within Ten Days, and that the said Appeal may be restored: That the Committee had also considered the Petition of George M'Cullum Esquire, Captain Andrew Wauch, Captain Robert Gray, William Girdwood and George M'Cullum, Executors of the last Will and Testament of Lieutenant Colonel James Taylor deceased, late an Appellant with the said Petitioners in the Cause Taylor and others against Forbes and others, praying their Lordships That the Appeal and Proceedings may stand and be revived in the Names of the said Petitioners as such Executors of the said late Appellant Lieutenant Colonel James Taylor, and be in the same Plight and Condition as the same were in at such Decease; and had heard the Appellant's Agent thereon, and the Committee are of Opinion, That the said Appeal and Proceedings may be revived in the Names of the said George M'Cullum, Andrew Wauch, Robert Gray, William Girdwood and George M'Cullum, as such Executors of the said late Appellant, as desired: That the Committee had also considered the Petition of the Appellants and Respondents in the Cause The Honorable Edward Mullins and others against Townsend, praying their Lordships That such of the original Documents and Copies produced or referred to on the Hearing of this Appeal as shall be authenticated in the Manner mentioned in the Petition, namely, by being duly endorsed and signed by the Solicitors for the Petitioners respectively in the Cause in the Court below, authenticating the same to be Originals or true Copies of Originals, may be received and allowed by their Lordships without further Proof of the same being such Originals or true Copies; and had heard the Agents thereon, and the Committee are of Opinion, That, under the particular Circumstances of this Case, the Prayer of the said Petition may be complied with: And that the Committee had also considered the Petition of William Spells Gardiner by George Sharp, of No. 30, Upper North Place, Gray's Inn Road, his Agent, praying their Lordships to receive the Petition of Appeal of the said William Spells Gardiner against Stephen Simmons, (which Appeal is from Two Orders made by the Court of Exchequer at Westminster, dated the 20th November and the 16th December last;) and had heard the said Agent thereon, and also the Agent for the said Stephen Simmons; but it appearing to the Committee that the said Petition is signed by the said Agent instead of being signed by the Party desiring to appeal from the said Orders, the Committee are of Opinion, That the said Petition should be withdrawn."

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

East India Com ee, Robertson to attend.

Ordered, That Thomas Campbell Robertson Esquire do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before 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.

Courts of Judicature at Madras, &c., Returns of Salaries of Officers of, delivered, & referred to East India Com ee.

The House being informed, "That Mr. Plowden, from The India Board, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of the 25th Day of February last,

"Returns of the Amount of Salaries and Emoluments of every Kind received by the several Officers of His Majesty's Supreme Courts of Judicature at Madras and Bombay, and Prince of Wales's Island, on an Average of Two or Three of the last Years for which the Accounts can be made up; distinguishing the Amount of Salary from Fees and other Emoluments; also of the Table of Fees sanctioned by the Courts and charged by the Officers."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Returns 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.

East India, &c. Trade, Petition of Iron Masters of Shropshire for throwing open.

Upon reading the Petition of the Iron Masters, Proprietors of the principal Iron Works in Shropshire, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to take into their most serious Consideration the Propriety of altogether removing the Restrictions which, by virtue of the Charter of The East India Company, are operating to the Injury of the general Trade of the Country, and particularly to that Branch of it in which the Petitioners are engaged, and which is now in a most distressed and deplorable Condition:"

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

Labourers Wages, Petition of Coal Masters, &c. of Shropshire respecting.

Upon reading the Petition of the Coal and Iron Masters, Proprietors of the principal Coal and Iron Works in Shropshire, whose Names are thereunto subcribed; praying, "That their Lordships will be pleased to take into their serious Consideration the Laws now in force for preventing the Payment of Workmen employed in Coal Works, or in the manufacturing of Iron or other Articles, in Goods or by Truck, with a view to make such Alterations in or Additions to the same Laws as will effectually prevent the Proprietors or Occupiers of Coal, Iron or other Works either directly or indirectly paying their Workmen any Part of their Wages otherwise than in the lawful Coin of the Realm, or in Notes issued by duly licensed Bankers:"

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

Malt Duty, Petition from Glamorganshire for Repeal of.

Upon reading the Petition of the several Inhabitants of the County of Glamorgan, whose Names are thereunto subscribed; praying, "That their Lordships will repeal the whole of the Duty on Malt, and permit the making of it to be from henceforth open to all, without any Restrictions:"

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

Mackay v. Davidson & Wilson.

Upon reading the Petition of Flora Mackay, Appellant in a Cause depending in this House, to which James Gillespie Davidson and Robert Sim Wilson are Respondents; praying, "That their Lordships will order that she may have Leave to amend her Petition of Appeal, by inserting in the Prayer thereof, after the Words "Robert Sim Wilson," the Words "Alexander M'Kinnon Campbell;" and also, by omitting in the stating of the Interlocutor of the 14th Day of June 1827, after the Words "founded on the Allegation of," the Word "Mental," she amending the Respondents Copies; and also that their Lordships will be pleased, when the Name of the said Alexander M'Kinnon Campbell shall be so included in the Prayer of the said Petition of Appeal, to grant Warrant for the usual Summons upon the said Alexander M'Kinnon Campbell to answer to the Premises; and that Service of their Lordships Order upon him, or upon any one of his known Agents in the Court of Session in Scotland, shall be deemed good Service:"

It is Ordered, That the Petitioner be at liberty to amend her said Appeal, as desired, she amending the Respondents Copies; and that the said Alexander M'Kinnon Campbell do put in his Answer thereunto, in Writing, on or before Tuesday the 30th Day of this instant March; and Service of this Order upon the said Respondent, or upon any one of his known Agents in the Court of Session in Scotland, may be deemed good Service.

Adjourn.

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