Journal of the House of Lords: Volume 63, 1830-1831. Originally published by His Majesty's Stationery Office, London, [n.d.].
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'House of Lords Journal Volume 63: 23 September 1831', in Journal of the House of Lords: Volume 63, 1830-1831( London, [n.d.]), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol63/pp1001-1004 [accessed 27 December 2024].
'House of Lords Journal Volume 63: 23 September 1831', in Journal of the House of Lords: Volume 63, 1830-1831( London, [n.d.]), British History Online, accessed December 27, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol63/pp1001-1004.
"House of Lords Journal Volume 63: 23 September 1831". Journal of the House of Lords: Volume 63, 1830-1831. (London, [n.d.]), , British History Online. Web. 27 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol63/pp1001-1004.
In this section
Die Veneris, 23° Septembris 1831.
DOMINI tam Spirituales quam Temporales præsentes fuerunt.
PRAYERS.
Tweddal & Goudie v. Fleming et al.
The joint and separate Answers of Doctor John Barrie Fleming of Newck, and James Cook, Tenant of the Farm of Newck, and the Representatives of the latter, to the Petition and Appeal of Jean Tweddel some Time residing in Killside, with the special Advice and Consent of Adam Gowdie, Tailor in Calton of Glasgow, her Husband, and the said Adam Gowdie for his own Right and Interest, was this Day brought in.
Tweddal & Goudie v. Fleming.
As was also, The Answer of Doctor John Barrie Fleming of Newck to the Petition and Appeal of Jane Tweddel, some Time residing in Killside, with the special Advice and Consent of Adam Gowdie, Tailor in Calton of Glasgow, her Husband, and the said Adam Gowdie for his own Right and Interest.
Sir S. Stirling & Pearson v. Kelly et al. et e con.
After hearing Counsel fully in the Cause wherein Sir Samuel Stirling Baronet and Alexander Pearson are Appellants, and Mrs. Marian Kelly or M'Kenzie, and others, are Respondents, et e contra;
It is Ordered, That the further Consideration of the said Cause be put off sine Die.
Cabbell et al. v. Brock:
The House proceeded to take into further Consideration the Cause wherein William Burridge Cabbell, and others, are Appellants, and James Brock is Respondent:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, as well on Friday the 9th as on Saturday the 10th Days of this instant September, upon the Petition and Appeal of William Burridge Cabbell, Cashier, and James Watson, (in the Room and Place of the deceased Robert Brown,) Accountant to the Glasgow Bank Company, for and on behalf of that Company, and Andrew Penman Muir, Merchant in Glasgow, Heir and Representative of the deceased Robert Hugh Muir, late Merchant in Glasgow, and William Johnstone of Grange, Cautioners for Archibald Newbigging and Company, to the said Bank; complaining of Three Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 14th of November 1821, 29th November 1822 and 5th (signed 9th) March 1830; and praying, "That the same might be reversed, varied or altered, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of James Brock, Merchant in Glasgow, put in to the said Appeal; and due Consideration had this Day 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.
Mackenzie v. Macartney:
The House proceeded to take into further Consideration the Cause wherein Murdo Mackenzie Esquire is Appellant, and Alexander Macartney Esquire is Respondent:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, as well on Thursday the 15th as on Friday the 16th Days of this instant September, upon the Petition and Appeal of Murdo Mackenzie Esquire, of Ardross; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 24th of June 1829; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 4th of June 1830; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Alexander Macartney Esquire, Manager of the Commercial Banking Company of Scotland, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:
Interlocutors Reversed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the several Interlocutors complained of in the said Appeal, be, and the same are hereby Reversed.
Sir M. P. Stewart v. Porterfield:
The House proceeded to take into further Consideration the Cause wherein Sir Michael Porterfield Shaw Stewart Baronet is Appellant, and James Corbet Porterfield Esquire is Respondent:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, as well on Friday the 2d as on Saturday the 3d and Tuesday the 6th Days of this instant September, upon the Petition and Appeal of Sir Michael Porterfield Shaw Stewart of Porterfield, Greenock and Blackhall, Baronet; complaining of Six Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 1st (signed the 2d) of July 1817, the 22d of June 1820, the 15th of May 1821, the 24th of February 1826, the 2d of June 1827 and the 13th of November 1829; and praying, "That the same might be reversed, varied or amended, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of James Corbet Porterfield Esquire, of Porterfield, put in to the said Appeal; and due Consideration had this Day 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.
Brodie v. Sinclair:
The House (according to Order) proceeded to take into further Consideration the Cause wherein George Brodie is Appellant, and William Sinclair Esquire is Respondent:
And Consideration being had thereof accordingly;
The following Order and Judgment was made:
Whereas Yesterday was appointed for hearing Counsel upon the Petition and Appeal of George Brodie, residing in Bowermadden, in the County of Caithness; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 24th of June 1828, in so far as it sustains the Defences, and finds the Petitioner liable in Expences; and also of Three Interlocutors of the Lords of Session there, of the Second Division, of the 3d Day of December 1829, the 19th Day of November 1830 and the 18th Day of December 1830; and praying, "That the same might be reversed, varied or altered, so far as complained of, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" to which Appeal William Sinclair Esquire has not put in his Answer, though peremptorily Ordered so to do; Counsel were accordingly called in to be heard; and One Counsel only appearing for the Appellant, (none appearing for the Respondent,) he was heard to state and argue the Case on behalf of the Appellant; and having prayed a Reversal of the Interlocutors complained of, the Counsel was directed to withdraw; and due Consideration had this Day of what was offered:
Interlocutors in part Reversed, & Cause remitted.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the several Interlocutors complained of in the said Appeal, so far as the same find "the Pursuer liable in Expences to the "Defender," be, and the same are hereby Reversed: And it is further Ordered and Adjudged, That in all other respects the said Interlocutors be and the same are hereby Affirmed: And it is further Ordered, That the Cause be remitted back to the Court of Session, to do therein as shall be consistent with this Judgment.
J. & E. Kibble v. Stevenson et al:
After hearing Counsel for the Appellants, this Day, upon the Petition and Appeal of Misses Janet and Elizabeth Kibble, residing in Paisley, Daughters of the deceased James Kibble of Whiteford; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 11th of March 1829, in so far as it found Expences due; also of Two Interlocutors of the said Lord Ordinary, of the 11th of July and 12th of November 1829; and also of Three Interlocutors of the Lords of Session there, of the Second Division, adhering thereto, of the 21st of May (signed 25th) and 18th of December 1830, and the 15th of January 1831, decerning for Expences; and praying, "That the same might be reversed, varied or altered, so far as complained of, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of John Stevenson, Robert Stevenson, Janet Stevenson or M'Nair, and Robert M'Nair junior, her Husband, for his Interest, and Janet Johnston, put in to the said Appeal; and Counsel appearing for the Respondents in the said Appeal; the Counsel were directed to withdraw:
Interlocutors Affirmed.
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.
London, &c. Coal Bill, Reports on Coal Trade referred to Select Comee on:
Ordered, That the Reports made from and Evidence taken before the Select Committees appointed by this House in Session 1829 and in Session 1830, 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 referred to the Select Committee appointed to enquire into the Expediency or Inexpediency of the Regulations contained in the Bill, intituled, "An Act for regulating the Vend and Delivery of Coals in the Cities of London and Westminster, and in certain Parts of the Counties of Middlesex, Surrey, Kent, Essex, Hertfordshire, Buckinghamshire and Berkshire."
Report from Select Comee:
The Lord Ellenborough reported from the Lords Committees appointed a Select Committee to enquire into the Expediency or Inexpediency of the Regulations contained in the Bill, intituled, "An Act for regulating the Vend and Delivery of Coals in the Cities of London and Westminster, and in certain Parts of the Counties of Middlesex, Surrey, Kent, Essex, Hertfordshire, Buckinghamshire and Berkshire;" and to report to the House; and to whom were referred the Reports and Minutes of Evidence taken before the Select Committee of this House appointed to take into Consideration the State of the Coal Trade in the United Kingdom in the Sessions 1829 and 1830; "That the Committee had met, and considered the said Bill; and having referred to the said Reports, and Minutes of Evidence taken before the Select Committee appointed to take into Consideration the State of the Coal Trade in the United Kingdom in the Sessions 1829 and 1830, are of Opinion, That it is expedient that the House should proceed in the Consideration of the said Bill."
Which Report, being read by the Clerk, was agreed to by the House.
Bill read 2a, & committed.
Then the said Bill was read a Second Time.
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 Monday next.
Officers of State for Scotland v. E. of Haddington.
Ordered, That the Hearing of the Cause wherein His Majesty's Officers of State for Scotland are Appellants, and Thomas Earl of Haddington is Respondent, which stands appointed for this Day, be put off 'till To-morrow.
Sir W. Rae v. Ld. Dundas et al.
Ordered, That the Cause wherein Sir William Rae Baronet is Appellant, and Lawrence Lord Dundas, and others, are Respondents, be heard by Counsel at the Bar To-morrow.
Surplus Ways & Means Bill:
The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to apply the Surplus of Ways and Means, and a Sum out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty-one;"
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 Sir Giffin Wilson and Mr. Roupell;
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Administration of Justice (Ireland) Bill.
Ordered, That the Bill, intituled, "An Act to improve the Administration of Justice in Ireland," be read a Second Time on Monday next.
Decrees in Equity Bill.
Ordered, That the Bill, intituled, "An Act for the better Execution of Decrees and Orders made in the Courts of Chancery and Exchequer in England and Ireland respectively," be read a Second Time on Monday next.
Cotton Factories, Petition from Dundee for regulating Hours of Labour in.
Upon reading the Petition of the Overseers and others employed at or immediately connected with the Spinning Mills of Dundee, whose Names are thereunto subscribed; praying their Lordships, "That any Legislative Measure for the Regulation or Limitation of the Hours of working in Spinning Mills and similar Establishments may be extended to Scotland; and that it may be enacted that no Individual of immature Years shall labour or be employed in such Establishments beyond Eleven Hours and a Half per Day during Five Days of the Week, or beyond Eight Hours and a Half on Saturdays, exclusive of an adequate Allowance for Meals; and that such young Persons shall on no Account be employed to labour in these Establishments during the Night-time:"
It is Ordered, That the said Petition do lie on the Table.
Beer Act Amendment Bill, Petition from Northwich respecting.
Upon reading the Petition of the Licensed Brewers and Retailers of Beer in Northwich and its Vicinity, in the County Palatine of Chester, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to amend an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;" and praying, That their Lordships will extend the Time for their selling Beer to Customers for the same Period that other Public Houses do, licensed under the old System:"
It is Ordered, That the said Petition do lie on the Table.
Reform, (England) Bill, Petitions from North Walsham & Castle Douglas in favor of.
Upon reading the Petition of the Clergy, Gentry and principal Inhabitants of the Town of North Walsham, in the County of Norfolk, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to amend the Representation of the People in England and Wales;" and praying, That their Lordships will, by a wise and timely Determination to support it, take care that the Revolution, if it be one, may be bloodless, and its Fruits Prosperity and Peace; instead of being a Struggle against which the Folly of other Governments may well warn us; beginning in a blind Ignorance or selfish Contempt of Public Feeling, and ending in the Overthrow of Thrones, the Ruin of the Aristocracy and the Misery of the People:"
It is Ordered, That the said Petition do lie on the Table.
Upon reading the Petition of The Provost, Bailies, Councillors and other Inhabitants of the Burgh of Barony of Castle Douglas and its Vicinity, in the Kingdom of Scotland, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying, "That their Lordships may be pleased to give their high Sanction and Approval to the same, that our most Gracious King may have it in His Power to diffuse Contentment, Peace and Happiness among a lawful and grateful People:"
It is Ordered, That the said Petition do lie on the Table.
State of Ireland, Petition from Louth respecting.
Upon reading the Petition of the Inhabitants of Louth, in the County of Lincoln, whose Names are thereunto subscribed; taking notice of the distressed State of the Poor in Ireland, and praying their Lordships "immediately to take the whole State of Ireland into their serious Consideration, and forthwith to legislate thereon:"
It is Ordered, That the said Petition do lie on the Table.
Order of the Day discharged.
The Order of the Day being read for the Lords to be summoned;
Ordered, That the said Order be discharged.
Game Bill referred to a Select Comee.
It was moved, "That the Bill, intituled, "An Act to amend the Laws in England relative to Game," be referred to a Select Committee to consider and report.
The Question was put thereupon?
It was resolved in the Affirmative.
Ordered, That the Lords following be appointed a Select Committee to consider the said Bill, and report thereupon to the House:
Their Lordships, or any Five of them, to meet Tomorrow, at Eleven o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Beer Act Amendment Bill.
The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to amend an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England," and for the Lords to be summoned;
The Earl of Shaftesbury accordingly reported the said Amendments.
And the said Amendments, being read Twice by the Clerk, were agreed to by the House.
Then several Amendments were made by the House to the said Bill.
Ordered, That the said Bill, as amended, be printed.
Lords summoned.
Ordered, That all the Lords be summoned to attend the Service of the House on Monday next.
Prescription Bill.
The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for shortening the Time of Prescription in certain Cases."
And the said Amendments, being read Twice by the Clerk, were agreed to by the House.
Then an Amendment was made by the House to the said Bill.
Ordered, That the said Bill, as amended, be printed.
Comee on the Library, 2d Report from:
The Earl of Shaftesbury reported from the Lords Committees appointed a Select Committee to consider of some Additions to be made to the Library of this House, and of other Matters relating thereto; and to whom it was an Instruction to consider of some Mode for more effectually ventilating the House; and to whom it was also an Instruction to consider whether any and what additional Accommodation can be provided for the Number of Peers who may attend the House during the Remainder of the Session; "That the Committee had met, and had considered the said Instruction of the House to the Committee, as to whether any and what additional Accommodation can be provided for the Number of Peers who may attend the House during the Remainder of the Session; and it is the Opinion of this Committee, if the House shall think fit, That it be resolved, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that the Galleries erected within the House for the Accommodation of the Peers in Session 1820 (the Materials of which it has been stated to the Committee are now in Store, and may readily be put together,) be erected for the Accommodation of the Peers during the present Session."
Which Report, being read by the Clerk, was agreed to by the House.
Address thereon.
Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that the Galleries erected within the House for the Accommodation of the Peers in Session 1820 (the Materials of which are now in Store, and may readily be put together,) be erected for the Accommodation of the Peers during the present Session.
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Bankruptcy Court Bill.
The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act to establish a Court in Bankruptcy;" and for the Lords to be summoned;
The House was accordingly adjourned during Pleasure, and again put into a Committee upon the said Bill.
After some Time, the House was resumed:
And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made several Amendments thereto, which he was ready to report, when the House will please to receive the same."
Ordered, That the said Report be received To-morrow.
Cameron v. Mackie et al. Appellant's Petition for Time for his Case, referred to Appeal Comee.
Upon reading the Petition of Patrick Cameron Esquire, Appellant in a Cause depending in this House, to which John Mackie, and others, are Respondents; praying their Lordships "for a further Enlargement of the Time allowed for delivering the Prints of his Case in order that corrected Copies thereof may be delivered:"
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.
Holdsworth et al. v. Fairfax & Eamondson, Respondents Petition for Time for their Case, referred to Appeal Comee.
Upon reading the Petition of Thomas Lodington Fairfax and Benjamin Eamondson, Respondents in a Cause depending in this House, to which Roger Holdsworth, and others, are Appellants; praying their Lordships, "That they may be allowed until the 11th Day of November next to lay the Prints of their Case upon the Table:"
It is Ordered, That the said Petition be referred to the last-mentioned Committee.
Harland et al. v. Emerson et al. Respondents Petition for an early Day, referred to Appeal Comee.
Upon reading the Petition of James Lloyd Emerson, and others, Respondents in a Cause depending in this House, to which William Harland, and others, are Appellants; praying their Lordships, "That this Appeal may be advanced for hearing before this House on Wednesday the 12th Day of October next, or that their Lordships will be pleased to appoint some other early Day for that Purpose, the Petitioners being in Danger, in consequence of the advanced Age of the said William Harland, (in whose exclusive Knowledge most of the Facts enquired after by their Bill, now depending in the Court of Chancery, rest, and whose Answer thereto, lodged in the Hands of the Clerk in Court, remains unopened, and in the event of the Order complained of being reversed will be re-delivered unopened,) of losing the Benefit of the Discovery to be obtained from his Answer to the said Bill:"
It is Ordered, That the said Petition be referred to the last-mentioned Committee.
7th Report from Appeal Comee.
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; His Majesty's Advocate (late Sir William Rae) against Lawrence Lord Dundas and the Magistrates and Town Council of the Burgh of Kirkwall; Mackenzie against Rose; and the Two Causes Tweddel and another against Fleming; "That the Committee had met, and considered the Respondent's Petition in the Cause Mackenzie against Rose, and the Petition of the Magistrates and Town Council of the Burgh of Kirkwall, Respondents in the Cause His Majesty's Advocate (late Sir William Rae) against Lawrence Lord Dundas 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: And that the Committee had also considered the respective Petitions of the Appellants in the Two Causes Tweddel and another against Fleming, severally praying their Lordships for Eight Weeks further Time to lodge their Cases; and had heard the Agents thereon, and the Committee are of Opinion, under the Circumstances of the Case, That the Prayer of the said Petitions ought not to be complied with."
Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.
Report from Comee on E. of Norbury's Claim to vote for Peers for Ireland:
The Earl of Shaftesbury reported from the Lords Committees for Privileges, to whom it was referred to consider of the Petition of Hector John Graham Earl of Norbury, of that Part of the United Kingdom of Great Britain and Ireland called Ireland, praying their Lordships, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted;" "That the Committee had met, and considered the Petition to them referred, and had come to the following Resolution; (viz t.)
"Resolved, That it is the Opinion of this Committee, That Hector John Graham Earl of Norbury, of that Part of the United Kingdom called Ireland, hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom."
Which Report, being read by the Clerk, was agreed to by the House.
Resolution that his Lordshiphath made out his Claim.
Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That Hector John Graham Earl of Norbury, of that Part of the United Kingdom called Ireland, hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom.
Ordered, That the Clerk of the Parliaments do transmit to the Clerk of the Crown in Ireland the said Resolution and Judgment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum quartum diem instantis Septembris, horâ decimâ Auroræ, Dominis sic decernentibus.