House of Lords Journal Volume 62: 3 March 1830

Die Mercurii, 3 Martii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Duff v. Fraser.

The Answer of Thomas Alexander Fraser Esquire of Lovat, to the Petition and Appeal of Hugh Robert Duff of Muirtown, Esquire, was this Day brought in.

Russell et al. v. E. of Breadalbane.

As was also, The Answer of John Earl of Breadalbane to the Petition and Appeal of Claud Russell Esquire, Accountant in Edinburgh, Trustee for John Campbell Esquire, Writer to the Signet, deceased, and his Creditors; The Reverend Doctor Snell Jones, Doctor John Abercrombie, Cosmo Falconer, and others, Creditors of the said deceased John Campbell.

Gray & Woodrop v. M'Nair.

After hearing Counsel fully in the Cause wherein Robert Gray and John Woodrop are Appellants, and James M'Nair Esquire is Respondent:

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

Inglis v. Walker:

After hearing Counsel this Day upon the Petition and Appeal of William Inglis of Couland; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 25th of February and 7th of June 1827; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 30th of May 1827; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, might seem meet;" as also upon the Answer of Andrew Walker put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause: Consideration had of what was offered on either Side in this Cause:

Interlocutors 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 Interlocutors therein complained of, be, and the same are hereby Affirmed.

Officers of State for Scotland v. Com rs of Supply for Wigton et al.

Counsel (according to Order) were called in to be heard ex-parte in the Cause wherein His Majesty's Officers of State for Scotland are Appellants, and The Commissioners of Supply of the County of Wigton and their Collector, and others, are Respondents:

And the Appellants Counsel being heard;

The Counsel was directed to withdraw.

And it appearing to the House that this Cause involved an important Question of Law, and affected Public Rights;

Ordered, That Counsel be at liberty to argue the Case on the Part of the Respondents, without their lodging a printed Case.

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

Ordered, That the Order made Yesterday, "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," be discharged.

Ordered, That the said Cause be further heard, by One Counsel of a Side, at the Bar on the 22d Day of this instant March.

Smith v. Mitchell & Logan.

Ordered, That the Cause wherein Miss Jane Smith is Appellant, and Mrs. Margaret Mitchell and Walter Logan are Respondents, be heard by Counsel at the Bar on Wednesday next.

Great Torrington Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act for more effectually improving the Roads to and from the Town of Great Torrington, in the County of Devon."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

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

Consolidated Fund Bill:

The Order of the Day being read for the Third Reading of the Bill, 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 said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Lunatic Licensing Balances Bill:

Hodie 3^a vice lecta est Billa, 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."

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

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Wing field and Mr. Eden;

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

Sir E. M'Gregor v. The East India Co. et al:

Upon reading the Petition and Appeal of Sir Evan John Murray M'Gregor Baronet, complaining of Three several Orders of the Court of Chancery, dated 3d November 1828, and enrolled 17th February 1830; and praying, "That the same may be reversed, varied or amended, 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 The Honorable the United Company of Merchants of England trading to the East Indies, and Joseph Dart and William Astell, may be required to answer the said Appeal:"

It is Ordered, That the said United Company of Merchants of England trading to the East Indies, and Joseph Dart and William Astell, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 17th Day of this instant March; and Service of this Order upon the said Respondents, or upon their known Clerk in Court or Solicitor in the Court of Chancery, shall be deemed good Service.

Macdougall to enter into a Recogce on it.

The House being moved, "That Alexander Henderson Macdougall of Parliament Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Sir Evan John Murray M'Gregor Baronet, on account of his Appeal depending in this House, he residing in the Country:"

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

Kirkpatrick v. Innes et al.

Upon reading the Petition of John Minto, Surgeon in Edinburgh, Trustee of Mrs. Isobel Innes or Clephane, one of the Respondents in a Cause depending in this House, to which John Kirkpatrick Esquire is Appellant; setting forth, "That a Petition of Appeal was presented by the said John Kirkpatrick to their Lordships on the 12th February 1828, complaining of certain Interlocutors of the Court of Session in Scotland, in which Appeal the said Isobel Innes or Clephane, and others, were the Respondents: That the said Mrs. Isobel Innes or Clephane having died, the Proceedings had upon the said Appeal in her Lifetime are abated: That the said Mrs. Isobel Innes or Clephane, by Trust Disposition and Settlement executed by her and her Husband on the 10th Day of April 1823, gave, granted, assigned and disponed her whole Means and Estate, Heritable and Moveable, belonging or which might belong to her at the Time of her Death, to the Petitioner, as Trustee, for the Uses, Ends and Purposes specified in the said Trust Disposition and Settlement, and did thereby appoint the Petitioner to be her sole Executor, Universal Legator and Intromitter with her Goods or Gear, whereby the whole Interest in the said Appeal has become vested in the Petitioner;" and therefore praying, "That their Lordships will be pleased to order that the said Appeal may stand revived in the Petitioner's Name, as in Place and Stead of the said Mrs. Isobel Innes or Clephane, in respect of this Cause; and that the Petitioner may have the same Benefit therefrom as the said Mrs. Isobel Innes or Clephane might have had if in Life:"

It is Ordered, That the said Appeal do stand revived in the Petitioner's Name, as in Place and Stead of the said Mrs. Isobel Innes or Clephane; and that the Petitioner may have the same Benefit therefrom as the said Mrs. Isobel Innes or Clephane might have had if in Life, as desired.

Hay's et al. Petition to change Reference to the Judges.

Upon reading the Petition of The Reverend George Hay and others; praying, "That their Lordships will be pleased to refer their Petition for a Private Bill, presented to the House on the 1st Day of this instant March, to Mr. Justice Jebb and Mr. Justice Vandeleur, the Two Judges who will in the Course of the ensuing Spring Assizes be in the City of Londonderry, in which City the several Trustees and other Persons interested in the Bill, and the various Documents and Papers requisite to be produced thereon, are, instead of The Lord Chief Baron of the Court of Exchequer in Ireland and Mr. Justice Vandeleur:"

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Jebb, in Ireland, and Mr. Justice Vandeleur, 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.

Muskett's Divorce Bill, Witnesses to attend.

Ordered, That Elizabeth Yetts, Rebecca Ewing, John Daniels, James Stannard, Elizabeth Pellitt, Elizabeth Grimmer, George Springall, Harriet Gaze and Charlotte Adams, do attend this House on Friday the 12th of this instant March, in order to their being examined as Witnesses upon the Second Reading of 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."

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."

Accounts delivered:

The House being informed, "That Mr. Charles Crafer, from the Treasury, attended;"

He was called in; and delivered at the Bar, pursuant to Orders of the 18th Day of February last,

Lead imported;

"An Account of the Quantity of Lead and Lead Ore imported, and from whence, from 1st January 1825 to 1st January 1830, in each Year; with the Amount of Duty received:"

and exported:

And also, "An Account of the Quantity of British and Foreign Lead exported from 1st January 1825 to 1st January 1830, in each Year, and to what Countries."

Mr. Charles Crafer also delivered at the Bar, pursuant to the Directions of an Act of Parliament,

Addition to the Public Debt.

"An Account of all Additions which have been made to the Annual Charge of the Public Debt by the Interest of any Loan that hath been made or Annuities created subsequent to the passing of an Act 27th George 3d, Cap. 13; and also shewing how the Charge incurred in respect of the same has been provided for in the Year ended 5th January 1830."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Ordered, That the Two first-mentioned Accounts be printed.

East India Comee, Witnesses to attend.

Ordered, That John Cotton Esquire, Richard Clarke Esquire, Charles Hyde Esquire, Thomas Warden Esquire and Major Robert Close, do attend this House on Monday next, to be sworn, in order to their being examined as Witnesses 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, quartum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.