House of Lords Journal Volume 62: 11 June 1830

Die Veneris, 11 Junii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mackay v. Davidson & Wilson.

The joint and separate Answers of James Gillespie Davidson, Writer to the Signet, and Robert Sym Wilson, Secretary to The Royal Bank of Scotland, Trustees under the Settlement of the deceased Mrs. Elizabeth Campbell or Mackinnon of Ormaig, and Alexander Mackinnon Campbell, her Grandson, to the Petition and Appeal of Flora Mackay, residing in the Island of Islay, &c. was this Day brought in.

Criminal Laws, Petitions from Winscombe & Dorking for Alteration of.

Upon reading the Petition of the Vicar, Churchwarden, Overseers of the Poor, and others, Inhabitants of the Parish of Winscombe, in the County of Somerset, whose Names are thereunto subscribed; praying their Lordships, "That, both for the Protection of Property and the invariable Prosecution and adequate Punishment of that heinous Offence Forgery, the Penalty of Death may be commuted in such Manner as may appear to the Legislature best adapted to effect these important Ends:"

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

Upon reading the Petition of the Inhabitants of the Town and Vicinity of Dorking, in the County of Surrey, whose Names are thereunto subscribed; praying their Lordships, "That the Penalty of Death for Forgery may be commuted in such Manner as may appear to them best adapted to effect those important Results - the Removal of the Reluctance with which Prosecutions are undertaken when such Penalty awaits the Conviction of the Offender, and the greater Respect which will be paid to the Laws when Punishment is sure to be the Concomitant of Crime:"

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

Slavery, Petitions for Abolition of: Comee of Society for Abolition of Slavery:

Upon reading the Petition of the Individuals whose Names are thereunto subscribed, forming the Committee of a voluntary Society styling itself "The Society for the Abolition of Slavery throughout the British Dominions," meeting in London, on the Behalf of themselves, and on the Behalf and by the Authority of that Society; praying, "That their Lordships would no longer postpone to take the momentous Subject of Slavery into their early and earnest Consideration; and that, in order effectually to relieve the Country from the Guilt and Ignominy of such a System, they would proceed forthwith to devise and adopt and enforce the best and wisest Means of ensuring its universal Extinction throughout the British Empire; and that, until this most desirable Consummation shall have been attained, immediate Measures may be taken at least to arrest the Progress of the Evil, and to prevent any further Addition being made to the present Number of enslaved British Subjects, by fixing a Day after which all Children who shall be born within the Dominions of His Majesty, whatever be their Class, Condition or Complexion, shall thenceforward be absolutely and to all Intents and Purposes free:"

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

Wesleyan Chapels, Burslem;

Upon reading the Petition of the Ministers and Members of the Congregation of the Wesleyan Chapel, Burslem, in Staffordshire, whose Names are thereunto subscribed:

Hanley;

Also, Upon reading the Petition of the Minister and Members of the Congregation of the Wesleyan Chapel in Hanley, Staffordshire, whose Names are thereunto subscribed:

and Tunstall Court.

And also, Upon reading the Petition of the Minister and Members of the Congregation of the Wesleyan Chapel, Tunstall Court, in Staffordshire, whose Names are thereunto subscribed; severally praying, "That their Lordships will take the Case of the Slaves into their earliest and most earnest Consideration; and that they will not permit any Motives of mere Expediency to turn them from imparting the Justice required at their Hands, by bringing about the Freedom of the Slaves in the most wise, speedy and effectual Manner:"

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

East India, &c. Trade, Petitions for opening, from Ermington & Chester.

Upon reading the Petition of the Land Owners, Inhabitants, Agriculturists, Yeomen and others, of the Parish of Ermington, in the County of Devon, whose Names are thereunto subscribed; praying, "That their Lordships will not allow the Period to elapse which is by Law required to give Notice for the Termination of the existing Charter of The East India Company:"

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

Upon reading the Petition of the Bankers, Merchants, Traders and other Inhabitants of the City of Chester and its Neighbourhood, whose Names are thereunto subscribed; praying their Lordships, "That in exercise of the Powers of the Charter Act of The East India Company, they will determine the said Company's exclusive Privileges of Trade at the earliest Period the Law will permit; and that to all British Subjects may then be granted the Right of settling, trading, and holding Lands in all the British Dependencies East of the Cape of Good Hope:"

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

Galway Town Regulation Bill, Petitions in favor of: (New Townsmith:)

Upon reading the Petition of the Landowners, Merchants, Traders, Freeholders, Freemen and Inhabitants of the Parish of New Townsmith, in the County of the Town of Galway, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to repeal so much of an Act passed in Ireland in the Fourth Year of the Reign of King George the First, for the better regulating the Town of Galway, and for strengthening the Protestant Interest therein, as limits the Franchise created by the said Act to Protestants only;" and praying, "That their Lordships will be pleased to pass the same into a Law:"

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

Magistrates, Galway:

Upon reading the Petition of the Landed Proprietors of the County of the Town of Galway, holding His Majesty's Commission of the Peace, whose Names are thereunto subscribed:

Catholic Clergy, Galway:

And also, Upon reading the Petition of the Roman Catholic Clergy of the Wardenship of Galway, whose Names are thereunto subscribed; severally praying, "That their Lordships will be pleased to modify the Statute 4th George the First, so as to give to Roman Catholics resident in Galway the same Right of Admission to the Freedom of the Corporation of the said City as is now enjoyed by Protestants:"

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

Petition of Rev. H. Morgan for Amendment of it.

Upon reading the Petition of The Reverend Henry Morgan, One of the Vicars of the Collegiate Church of Saint Nicholas, Galway; taking notice of the lastmentioned Bill, and praying their Lordships "to provide some Remedy against those Evils, the giving a positive and preponderating Influence over the Election of the Members of said College to Members of the Roman Catholic Religion, which must be the evident and inevitable Consequence of the passing said Bill as at present framed, against which the Petitioner does not pray, but merely for the Protection of the Protestant Church in Galway:"

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

Ld. Mount Sandford's Estate Bill.

Ordered, That the Bill, intituled, "An Act to enable the Devisees under the last Will and Testament of The Right Honorable Henry Lord Mount Sandford, deceased, to make Leases of the Lands, Tenements and Hereditaments lately in the Possession of the said Henry Lord Mount Sandford, and devised by his said Will; and also to enable the said Devisees to execute a Conveyance to the Rector of Kilkevan of a certain Piece of Ground situate in the Parish of Kilkevan and County of Roscommon," be read the Third Time on Monday next.

Dartmouth Bridge Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for establishing a Floating Bridge over the Harbour of Dartmouth, from or near to Lower Sand Quay Point to Old Rock, in the County of Devon, and for building Quays and Landing Places, and for making Roads and Approaches thereto, with Branches therefrom."

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 Sir Giffin Wilson and Mr. Eden;

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

Boydell's Divorce Bill.

The Earl of Shaftesbury (according to Order) reported the Amendment made by the Committee of the Whole House to the Bill, intituled, "An Act to dissolve the Marriage of Samuel Boydell with Jane Boydell Boydell his now Wife, and to enable him to marry again; and for other Purposes."

Which Amendment, being read Twice by the Clerk, was agreed to by the House.

Ordered, That the said Bill, with the Amendment, be ingrossed.

Mildmay's Divorce Bill.

The Earl of Shaftesbury (according to Order) reported the Amendment made by the Committee of the Whole House to the Bill, intituled, "An Act to dissolve the Marriage of Captain Edward St. John Mildmay with Marianne Catherine his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Which Amendment, being read Twice by the Clerk, was agreed to by the House.

Ordered, That the said Bill, with the Amendment, be ingrossed.

Perth Navigation, &c. Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging, improving and maintaining the Port and Harbour of Perth; for improving the Navigation of the River Tay to the said City; and for other Purposes therewith connected," 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."

Port Glasgow Harbour, &c. Bill.

The Lord Belhaven and Stenton made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for improving the Harbour of Port Glasgow, constructing a Wet Dock or Wet Docks adjacent thereto, and for altering the Road leading from Port Glasgow to Glasgow, near the said Harbour," was committed.

Conduct of Sir J. Barrington, Witnesses to attend.

Ordered, That James Watt Esquire, Proctor of the High Court of Admiralty in Ireland, and Edward Barrington Esquire, do attend this House on Monday next, in order to their being examined as Witnesses touching the Conduct of Sir Jonah Barrington, Judge of the said High Court of Admiralty in Ireland.

East India Com ee, Witnesses to attend.

Ordered, That William Browne Esquire, Captain Maxfield, Mr. Simpson, Captain Richard Alsager, Captain John Mackie and Richard Milne 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.

Ouchterlony v. Ld. Lynedoch, & Macdonald.

Ordered, That the Cause wherein John Ouchterlony Esquire is Appellant, and General Thomas Lord Lynedoch, and William Macdonald Esquire, are Respondents, be further heard by Counsel at the Bar on Monday next.

Morrison et al. v. Mitchell.

Ordered, That the Cause wherein John Morrison, and others, are Appellants, and James Mitchell is Respondent, be heard by Counsel at the Bar on Monday next.

Thomson v. Forrester.

Ordered, That the Cause wherein James Thomson is Appellant, and Thomas Forrester is Respondent, be heard by Counsel at the Bar on Monday next.

Stewart v. Fullarton et al.

Ordered, That the Order made on Friday last, "That the further Consideration of the Cause wherein Frederick Campbell Stewart Esquire is Appellant, and Stewart Murray Fullarton Esquire, and others, are Respondents, which stands appointed for Monday next, be put off to Monday the 14th of this instant June," be discharged.

Bruce v. Bruce.

Ordered, That the Order made on Friday last, "That the further Consideration of the Cause wherein James Carstairs Bruce Esquire is Appellant, and Thomas Bruce Esquire is Respondent, which stands appointed for Monday next, be put off to Monday the 14th of this instant June," be discharged.

Munro & Rose v. Drummond et al.

Ordered, That the Order made on Friday last, "That the further Consideration of the Cause wherein Mrs. Catharine Munro, and Hugh Rose her Husband, are Appellants, and Andrew Berkeley Drummond Esquire, and others, are Respondents, which stands appointed for Monday next, be put off to Monday the 14th of this instant June," be discharged.

Sir J. Montgomery et al. v. Marquess of Queensberry, & Selkrig.

Ordered, That the Order made on Friday last, "That the further Consideration of the Cause wherein Sir James Montgomery Baronet, and others, are Appellants, and Charles Marquess of Queensberry, and Charles Selkrig, are Respondents, which stands apppointed for Monday next, be put off to Monday the 14th of this instant June," be discharged.

Beer Trade, Petition of Retail Brewers, Surrey, respecting.

Upon reading the Petition of the Retail Brewers residing in the County of Surrey, whose Names are thereunto subscribed; praying their Lordships "to sanction the Measure for the Remission of the Beer Duty, and also to accomplish the more important Measure of a free Sale and Consumption in the Article of Beer:"

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

12th 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; Sir James Colquhoun Baronet against Colquhoun; Lady Montgomerie and another against Rundell, Bridge and others, et e contra; Scot against Ker and others (1st Appeal;) Scot against Ker and another (3d Appeal;) Houston and another against Hughes and others; Pentland against Booth and another; Lewis and another against Bridgman and another; and Rowe against The King; "That the Committee had met, and considered the Respondents Petitions in the Causes Sir James Colquhoun Baronet against Colquhoun; Lady Montgomerie and another against Rundell, Bridge and others, et e contra; Scot against Ker and others (1st Appeal;) Scot against Ker and another (3d Appeal;) and the Petition of Elizabeth Charlotte Strong, Elinor Beresford Strong, Robert Gregg and Ann his Wife, (named in the Appeal Ann Strong,) Susanna Strong, Charlotte Sarah Strong, Nicholson Peyton, Eliza Peyton, Charlotte Lea Peyton, Reynolds Peyton, Thomas Griffith Peyton, Henry Nicholson Peyton, (named in the Appeal Henry Peyton,) Frances Maria Peyton, (named in the Appeal Frances Peyton,) Charles William Peyton, (named in the Appeal William Peyton,) Elizabeth Rosetta Peyton, (named in the Appeal Elizabeth Peyton,) and Eliza Berry Peyton, some of the Respondents in the Cause Houston and another against Hughes and others; severally praying their Lordships for Leave to lodge their Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may respectively be allowed now to deliver in their printed Cases: That the Committee had also considered the Respondents Petition in the Cause Pentland against Booth and another, praying their Lordships for Three Weeks further Time to deliver in their Case; and had heard the Respondents Agent thereon, and the Committee are of Opinion, That the Petitioners may be allowed Three Weeks further Time to deliver in their printed Cases: That the Committee had also considered the Petition of Thomas Lewis and Robert Andrew Stevens, praying their Lordships for Leave to present their Appeal against a Decree or Decretal Order of The Vice Chancellor, dated the 29th of January last, to which William Bridgman the younger and John Lewis Mallet are Parties; and had heard the Petitioners Agent thereon, and the Committee are of Opinion, That the said Petitioners may be at liberty to present their said Appeal within a Fortnight: And that the Committee had also considered the Petition of Charles Moore Ullithorne, of 26, Red Lion Square, Agent for Richard Radford Rowe, Plaintiff in the Writ of Error Rowe against The King, praying their Lordships to order that the Certificate of Diminution having been alleged, may be amended, and that Ten Days from the Date of such Amendment may be allowed to return the Certiorari, and that the Petitioner may have Three Weeks further Time allowed for laying his printed Cases on the Table of the House; and had heard the Agents thereon, and enquired into the Matter of the Amendment required, and the Committee are of Opinion, That the Order of this House of the 18th of May last should be amended by omitting the Words of Exchequer Chamber in Ireland affirming a Judgement of the Court," and inserting after the Word "Ireland" the Words "affirming a Judgment of the Justices of Oyer and Terminer and General Gaol Delivery for the County of the City of Dublin;" and that the Plaintiff may be allowed Ten Days to return the Certiorari; and that the said Plaintiff should lay his printed Cases on the Table of this House on or before Monday the 21st Day of this instant June."

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

Foreign Lead, Petition of Miners, &c. Flintshire, for Encrease of Duty on Import of.

Upon reading the Petition of the Miners, Smelters and others, interested in the working of Mines in the County of Flint, whose Names are thereunto subscribed; praying their Lordships "to encrease the Duty on Foreign Lead imported into Great Britain to Four Pounds per Ton, and on Lead Ore to Three Pounds per Ton:"

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

Law of Scotland, Petition from Rossshire for Reform of.

Upon reading the Petition of the Heritors, Commissioners of Supply, Justices of the Peace, and others, in the County of Ross, whose Names are thereunto subscribed; praying their Lordships "to simplify the Forms, cheapen the Procedure, and render the Language of the Law of Scotland more intelligible and less abstruse; to abolish the Fee Fund, and the useless and expensive Accumulation of written Pleadings; to introduce oral Pleadings; to extend the Jurisdiction of Sheriffs in Bankrupt Cases, and give them the Power of enforcing their own Decrees by Imprisonment; to strip Deeds of their Verbosity; and to do away with every Form which is unnecessary to the Security of Property or the Ascertainment of Right:"

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

Inventory Duty, (Scotland,) Petition from Ross-shire for Repeal of.

Upon reading the Petition of the Heritors, Commissioners of Supply, Justices of the Peace, and others, in the County of Ross, whose Names are thereunto subscribed; praying their Lordships "to repeal the Inventory Duty as now imposed and levied in Scotland, and to substitute in its Place a Duty on Confirmations, to be made effectual in the same Way as the Duty on Probates in England:"

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

Greece, Motions for Addresses.

It was moved, "That an humble Address be presented to his Majesty, to request that His Majesty will

for Papers respecting, Negatived.

be graciously pleased to order that there be laid before this House, "Copies of all Correspondence from His Majesty's Ambassadors and Ministers Abroad which relate to the Assurances given by Austria and Prussia to aid in deciding The Porte to accept the Proposition of the Three Allied Courts, as alluded to in the Protocol of the 12th July 1827:"

"And also, Copies of all Correspondence from His Majesty's Ambassadors at Vienna and Berlin, indicative of the Sentiments of those Courts on the present proposed Settlement of Greece."

Which being objected to;

The Question was put thereupon?

It was resolved in the Negative.

It was moved, "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, "Copies of or Extracts from all Dispatches of His Majesty's Ambassadors at the Courts of Constantinople and Vienna, between the 6th of July 1827 and the 11th December 1827, which relate to the Concurrence of the Courts of Vienna and Berlin in the Views taken by the Three contracting Powers of the Treaty of the 6th July 1827, and to the Co-operation of the Ministers of those Two Courts in enforcing those Views."

Which being objected to;

The Question was put thereupon?

It was resolved in the Negative.

Contempt in Equity Bill.

Ordered, That the House be put into a Committee upon the Bill, intituled, "An Act for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro Confesso," on Tuesday next; and that the Lords be summoned.

Insolvent Debtors Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue for Two Years, and from thence to the End of the then next Session of Parliament, and amend, the Laws for the Relief of Insolvent Debtors in England."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill on Tuesday next.

Netterville Peerage, Witnesses to attend Comn ee.

Ordered, That Alexander Munkittrick M.D. and The Honorable Anne Tisdall Widow do attend this House on Tuesday the 22d of this instant June, to be sworn, in order to their being examined as Witnesses before the Committee for Privileges to whom the Petition of James Netterville Esquire, of Frehane, late of Coarsefield, in the County of Mayo, in Ireland, to His Majesty, praying His Majesty, "That the Title, Dignity and Peerage, or Honour, of Viscount Netterville, of the Kingdom of Ireland, may be declared and adjudged to belong to the Petitioner;" together with His Majesty's Reference thereof to this House, and the Report of The Attorney and Solicitor General for Ireland, and also the Report of The Solicitor General for England, thereunto annexed, stands referred.

Hickson's Marriage Annulling Bill, E. Buxton to attend.

Ordered, That Elizabeth Buxton, or other Person in whose Custody or Power the Letters of Administration of the Effects of her late Husband Thomas Buxton deceased, with the Copy of his Will annexed, and the Probate and Probate Copy of the Will of her late Father Alexander Wood deceased, or the Letters of Administration of his Effects with the Copy of his Will annexed, or his original Will, (if the same has not been proved,) respectively are, do attend this House forthwith, and do bring with her or him the said Documents, in order to their being produced upon the Second Reading of the Bill, intituled, "An Act to declare void an alleged Marriage between Elizabeth Hickson, an Infant, and Thomas Buxton."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quartum diem instantis Junii, horâ decima Auroræ, Dominis sic decernentibus.