House of Lords Journal Volume 62: 21 July 1830

Die Mercurii, 21 Julii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

The King v. Westwood, in Error:

The House proceeded to take into further Consideration the Cause wherein The King is Plaintiff, and Thomas Westwood is Defendant:

And Consideration being had thereof;

The following Order and Judgment was made:

Whereas by virtue of His Majesty's Writ of Error returnable in the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this House on the 20th Day of March 1827, wherein The King is Plaintiff, and Thomas Westwood Defendant, in order to reverse a Judgment given in the said Court of King's Bench for the said Defendant in Error; and Counsel having been heard, as well on Wednesday the 20th as on Thursday the 28th Days of May 1829, to argue the Errors assigned upon the said Writ of Error; and the Judges, who were ordered to attend, having been heard seriatim, on the 16th Day of February last, to deliver their Opinions, with their Reasons, upon a Question of Law to them proposed; and due Considertion had this Day of what was offered on either Side in this Cause:

Judgment Affirmed:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgment given in the Court of King's Bench be, and the same is hereby Affirmed; and that the Record be remitted, to the end Execution may be had thereupon, as if no such Writ of Error had been brought into this House.

The Tenor of which Judgment, to be affixed to the Transcript of the Record, is as follows:

Tenor.

"On which Day, before the same Court of Parliament aforesaid, at Westminster aforesaid, come the Parties aforesaid, by their Attornies aforesaid; Whereupon the said Court of Parliament having seen, diligently examined and fully understood, as well the Record and Process aforesaid, and the Judgment given thereupon, as the Causes and Matters aforesaid assigned by the said Edmund Henry Lushington Esquire, Coroner and Attorney of Our said Lord the King, in the Court of Our said Lord the King, before the King Himself, who for Our said Lord the King, in this Behalf, prosecuteth as above for Error, and mature Deliberation being thereon had; It appears to the said Court of Parliament, that there is no Error, either in the Record and Proceedings aforesaid, or in the giving of the Judgment aforesaid, and that the Record is no ways vicious or defective; Therefore it is considered by the same Court of Parliament aforesaid, that the said Judgment be in all things Affirmed, and that it stand in full force and virtue, notwithstanding the Causes and Matters aforesaid as above assigned for Error: And thereupon the Record aforesaid, and also the Process had in the Court of Parliament aforesaid, on the Premises, are sent back by the same Court of Parliament to the Court of the said Lord the King before the King Himself, wheresoever He shall then be in England, &c. to do Execution thereupon, &c."

Administration of Justice Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for the more effectual Administration of Justice in England and Wales;"

The said Bill was accordingly read the Third Time.

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 Sir Giffin Wilson and Mr. Eden;

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

East Retford Election Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford;" and for the Lords to be summoned;

It was moved, "That the said Bill be now read the Third Time."

Which being objected to;

It was moved "to leave out ("now") and insert ("this Day Six Months")

The Question was put, "Whether the Word ("now") shall stand Part of the Motion?"

It was resolved in the Affirmative.

Then the said Bill was read the Third Time.

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 the former Messengers;

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

Poor Laws, Petition of Society for Reduction of Poor's Rates, to extend, to Ireland.

A Petition of the Society for Encouragement of Industry and Reduction of Poor's Rates, King's Head Tavern, Poultry, London, was presented and read; praying their Lordships, "That, contemplating the Miseries of our Irish Fellow Subjects, doomed in a plentiful Country to unutterable Suffering, their Lordships will be pleased to enact that an equal Rate be levied upon Proprietors of Land and Houses, and Tenants of a certain Description, for the Relief of the Poor in Ireland, as an important and essential Mean whereby Insurrections may be prevented, and Subordination and Content established."

Ordered, That the said Petition be received as the Petition of "Benjamin Wills, Honorary Secretary," who only has signed it.

Johnston's Petition to present Appeal, referred to Appeal Com ee.

Upon reading the Petition of George Johnston, setting forth, "That in an Action in the Court of Session in Scotland against the Petitioner, at the Instance of David Scott Threshie, Judgment has been given against the Petitioner on the 10th Day of July current; but the Petitioner, being advised that the Interlocutors of the Court below are erroneous, has prepared an Appeal from the same to their Lordships: That the Agent of the Petitioner in the Court of Session has omitted to indorse on the Petition a Certificate of Notice of the Appeal, in Terms of their Lordships Standing Orders; and it will be impossible for the Petitioner's Agent in London to have this Error rectified before the Close of the present Session;" and therefore praying, "That their Lordships will be pleased to order that the said Appeal may be received in the mean time, and that the Petitioner may have Ten Days allowed him to obtain a Certificate of Intimation, and to indorse the same on his Appeal, as also the Signature of his other Counsel on the 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.

Law of Libel Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to repeal so much of an Act of the Sixtieth Year of His late Majesty King George the Third, for the more the effectual Prevention and Punishment of Blasphemous and Seditious Libels, as relates to the Sentence of Banishment for the Second Offence; and to provide some further Remedy against the Abuse of publishing Libels;"

The said Bill was accordingly read the Third Time.

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 the former Messengers;

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

Report from Com ee for Privileges on Earl of Buchan's Claim to vote for Peers for Scotland:

The Earl of Shaftesbury reported from the Lords Committees for Privileges to whom it was referred to consider of the Petition of Henry David Earl of Buchan, praying their Lordships, "That his Right to vote for the Representative Peers of Scotland may be admitted;" That the Committee had met, and considered the Petition to them referred, and had come to the following Resolution; (vizt.)

"Resolved, That it is the Opinion of this Committee, That Henry David Earl of Buchan hath made out his Claim to be admitted, as a Peer of Scotland, to vote at the Election of Peers to represent the Peerage of Scotland in the Parliament of the United Kingdom." Which Report, being read by the Clerk, was agreed to by the House.

Resolution that his Lordship hath made out his Claim.

Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That Henry David Earl of Buchan hath made out his Claim to be admitted as a Peer of Scotland, to vote at the Election of Peers to represent the Peerage of Scotland in the Parliament of the United Kingdom.

Ordered, That the Clerk of the Parliaments do transmit to The Lord Clerk Register of Scotland the said Resolution and Judgment.

Cocculus Indicus, &c. imported, Account of, delivered.

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

He was called in; and delivered at the Bar, pursuant to an Order of the 14th Day of this instant July,

"An Account of the Quantity of Cocculus Indicus, Quassia and Quash, that has paid Duty and been imported into the Ports of Great Britain, for the last Ten Years; specifying each Year, and the Amount of Duty paid thereon."

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.

Military Stores exported to India, & Amount paid by The East India Co. for Commercial Freight, delivered, & to be added to Appendix to the Report from the East India Com ee.

The House being informed, "That Mr. Danvers, from the Board of Directors of The East India Company, attended;"

He was called in; and delivered at the Bar, pursuant to Orders of the 14th Day of this instant July,

"An Account of the Quantity and Value of Military Stores exported to India during each of the last Ten Years, (from 1819-20 to 1828-29 inclusive,) specifying the average Rate of Freight at which they have been sent out in each Year."

And also, "A Statement of the Amount paid by The East India Company for Commercial Freight in each Year from 1814, distinguishing the Amount charged to the Trade with India from the Amount charged to the Trade with China.

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Papers be printed.

Ordered, That the said Papers be added to the Appendix to the Report made from 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.

Message to H.C. for Report on the Poor of Ireland.

Ordered, That a Message be sent to the House of Commons, to request that they will be pleased to communicate to this House, the Report made in the present Session by the Select Committee appointed by that House on the State of the Poor of Ireland.

Adjourn.

Dominus Tenterden declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum secundum diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.