House of Lords Journal Volume 63: 17 November 1830

Die Mercurii, 17°Novembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Scott v. Yuille et al.

The joint and several Answers of Mrs. Ann Cross, residing in Glasgow, Relict of the deceased Robert Yuille, Merchant there; James Ewing, William Mathieson and James William Alston, Merchants in Glasgow; John Cross Buchanan of Auchintoshan, in the County of Dumbarton; Neill Cross, Writer in Glasgow; George Yuille Shortridge, Merchant there, and Andrew Buchanan Yuille, Writer there, accepting Trustees and Executors of the late Robert Yuille, Merchant in Glasgow, the former Respondent, to the Petition and Appeal of Miss Elizabeth Scott of Woodbank, Dumbartonshire, was this Day brought in.

M. of Bute v. Couper et al:

The House (according to Order) proceeded to take into further Consideration the Cause wherein John Crichton Marquess of Bute is Appellant, and John Couper, and others, are Respondents:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel Yesterday upon the Petition and Appeal of John Crichton Marquess of Bute and Earl of Dumfries; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 22d of June 1827 and 28th December 1828; and praying, "That the same might be reversed, varied or amended, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, might seem just;" as also upon the Answer of John Couper, Manufacturer in Glasgow, Doctor William Couper, Surgeon there, Margaret Couper, residing there, and Doctor James Couper, Professor of Practical Astronomy in the University of 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, with Costs.

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: And it is further Ordered, That the Appellant do pay or cause to be paid to the said Respondents the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.

Ewen et al. v. Bannerman et al:

After hearing Counsel, as well Yesterday as on this Day, upon the Petition and Appeal of Mrs. Elizabeth Ewen or Grahame, only Daughter of John Ewen, late Merchant in Aberdeen, deceased, Spouse of James Grahame , residing at Revelrig, and of the said James Grahame for himself and his Interest, and John Brown, Writer in Edinburgh, Curator ad Litem to the said Mrs. Elizabeth Ewen or Grahame; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 13th Day of November and 22d Day of December 1827; and also of Two Interlocutors of the Lords of Session there, of the First Division, of the 1st Day of February and of the 5th (signed the 7th) Day of February 1828; 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 Charles Bannerman Esquire, of Kirkhill, James Forbes Esquire, of Echt, Duncan Davidson Esquire, of Tillychetly, and Robert Morrice, Alexander Smith and David Hutcheon, Advocates in Aberdeen, the Trust Disponees of the late John Ewen, Merchant in Aberdeen, and of The Provost and Magistrates and Town Council of Montrose, for themselves and for behoof of the Ministers and Clergymen of the different Religious Persuasions in that Place, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Reversed, with a Declaration.

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: And it is further Declared, That the Deeds of the 16th of December 1788 and the 19th of October 1821 ought to be, and the same are hereby reduced.

Com rs of Charitable Donations et al. v. Harris et al.

It was moved, "That the Order made on Friday last, That the Cause wherein the Commissioners of Charitable Donations, and others, are Appellants, and Thomas Harris, and others, are Respondents, be heard by Counsel at the Bar on Friday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Davies et al. v. Bush et al.

It was moved, "That the Order made on Friday last, That the Cause wherein Alfred Eyles Davies, and others, are Appellants, and Elijah Bush, and others, are Respondents, be heard by Counsel at the Bar on Friday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Haig v. Sir W. J. Homan et al.

It was moved, "That the Order made on Friday last, That the Cause wherein Robert Haig Esquire is Appellant, and Sir William Jackson Homan Baronet, and others, are Respondents, be heard by Counsel at the Bar on Friday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Taylor et al. v. Sir W. Forbes & Co.

Ordered, That the further Hearing of the Cause wherein Lieutenant Colonel James Taylor, and others, are Appellants, and Sir William Forbes and Company, are Respondents, which stands appointed for this Day, be put off to Friday next.

Grieve v. Wilson.

Ordered, That the Hearing of the Cause wherein John Grieve is Appellant, and Thomas Wilson is Respondent, which stands appointed for this Day, be put off to Friday next.

Blake v. Gossen, Petition to withdraw Appeal, referred to Appeal Com ee.

Upon reading the Petition of Henry Martin Blake Esquire, Appellant in a Cause depending in this House, to which Mrs. Anastasia Gossen or Blake is Respondent; praying their Lordships, "That he may have Leave to withdraw his Appeal, and all Proceedings thereon, without Payment of Costs:"

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.

Ld. Douglas takes the Oaths.

This Day Archibald Lord Douglas of Douglas took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Mackenzie v. Gilchrist.

Ordered, That the Cause wherein Murdo Mackenzie Esquire is Appellant, and Dugald Gilchrist is Respondent, be heard by Counsel at the Bar on Friday next.

D. of Hamilton v. Aikman.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Alexander Duke of Hamilton and Brandon is Appellant, and George Robertson Aikman Esquire is Respondent, exparte, the Respondent not having put in his Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondent puts in his Answer thereto in the mean time.

M'Grigor et al. v. Cochran.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Alexander M'Grigor, and others, are Appellants, and Mrs. Margaret Cochran or Halliburton is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Sir E. J. M'Gregor v. The East India Co. et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of The East India Company, and others, Respondents in a Cause depending in this House, to which Sir Evan John Murray M'Gregor Baronet is Appellant; praying, "That their Lordships will grant them Leave to lodge their Case:"

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.

Cooke et al. v. Bp. Elphin, & Lloyd, in Error.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein Samuel Cooke, and others, are Plaintiffs, and John Lord Bishop of Elphin, and The Reverend Thomas Lloyd Clerk, are Defendants:"

It is Ordered, That this House will hear the said Errors argued, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Welsh Judicature, (Chester Circuit,) Accounts respecting, delivered.

The Earl of Shaftesbury laid before the House, pursuant to Orders of the 13th Day of June last,

"An Account of the Number of Writs issued and filed in the Courts of Common Pleas at Lancaster and Durham, and the Courts of Great Session holden at Chester and for each County in Wales, from the Commencement of the Assizes or Great Sessions holden for these Places in the Spring of the Year 1820 to the End of the Spring Assizes or Great Sessions for each of these Places in the Year 1830:"

Also, "An Account of the Number of Defended Causes tried at each of the last-mentioned Assizes or Great Sessions during the same Period:"

Also, "An Account of the Number of Undefended Causes tried at each of the last-mentioned Assizes or Great Sessions during the same Period:"

And also, "An Account of the Number of Judgments given by each of the last-mentioned Courts at each Assizes or Great Sessions holden by them during the same Period, on Demurrers, Special Cases, Special Verdicts and Motions in Arrest of Judgment; so far as the same relate to the late Chester Circuit."

And the Titles thereof being read by the Clerk;

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

Slavery, Petitions for Abolition of: (Heckmondwike:)

Upon reading the Petition of the Minister and Members of the Congregation of Protestant Dissenters of the Independent Denomination assembling in the Lower Chapel, Heckmondwike, Yorkshire, whose Names are thereunto subscribed:

Sprotbrough:

Also, Upon reading the Petition of the Inhabitants of the Parish of Sprotbrough, in the West Riding of the County of York, whose Names are thereunto subscribed:

Wadworth:

Also, Upon reading the Petition of the Inhabitants of the Parish of Wadworth, in the West Riding of the County of York, whose Names are thereunto subscribed:

Wirksworth:

Also, Upon reading the Petition of the Members of the Baptist Church and Congregation, Wirksworth, whose Names are thereunto subscribed:

Barnby Dunn:

Also, Upon reading the Petition of the Inhabitants of the Parish of Barnby Dunn, in the West Riding of the County of York, whose Names are thereunto subscribed:

Great Yarmouth:

Also, Upon reading the Petition of the Minister, the Deacons and the Members of the Congregation of Protestant Dissenters assembling for Religious Worship at the New Meeting House in Great Yarmouth, in the County of Norfolk, whose Names are thereunto subscribed:

Alfreton:

Also, Upon reading the Petition of the Inhabitants of the Town of Alfreton, whose Names are thereunto subscribed:

Ashton within Mackerfield:

Also, Upon reading the Petition of the Members of the Congregation of Protestant Dissenters assembling in Park Lane Chapel, Ashton within Mackerfield, Lancashire, whose Names are thereunto subscribed:

Durham:

Also, Upon reading the Petition of the Minister and Members of the Congregation of the Independent Denomination of Protestant Dissenters of the City of Durham, whose Names are thereunto subscribed:

Winlaton:

Also, Upon reading the Petition of the Members of the New Connexion Methodist Congregation assembled at Winlaton Chapel, in the County of Durham, whose Names are thereunto subscribed:

High Felling:

Also, Upon reading the Petition of the Members of the New Connexion Methodist Congregation assembled at High Felling Chapel, in the County of Durham, whose Names are thereunto subscribed:

Swalwell, Whickham:

Also, Upon reading the Petition of the Minister, Members and Friends of the Congregation meeting in their Chapel, Swalwell, Parish of Whickham, County of Durham, under the Inspection of the United Associate Presbytery of Newcastle upon Tyne, whose Names are thereunto subscribed:

South Shields:

And also, Upon reading the Petition of the Protestant Dissenters, and others, of South Shields, whose Names are thereunto subscribed; severally praying their Lordships "to adopt forthwith the most decisive and effectual Measures for securing the early and utter Extinction of Slavery in the British Colonies:"

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

Warmsworth:

Upon reading the Petition of the Inhabitants of the Parish of Warmsworth, in the West Riding of the County of York, whose Names are thereunto subscribed:

Edlington:

Also, Upon reading the Petition of the Inhabitants of the Parish of Edlington, in the West Riding of the County of York, whose Names are thereunto subscribed:

Kirk Bramwith, &c:

Also, Upon reading the Petition of the Inhabitants of Kirk Bramwith, Braithwaite, Kirkhouse-Green and Trumfleet, in the West Riding of the County of York, whose Names are thereunto subscribed:

Stansell, &c:

And also, Upon reading the Petition of the Inhabitants of Stansell, Wellingley and Wilsick, in the West Riding of the County of York, whose Names are thereunto subscribed; severally praying their Lordships "to take immediate and effectual Measures to restore to the enslaved African Race in the British Colonies all the Rights and Privileges to which as Fellow Men they are justly entitled:"

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

Bentley cum Arksey:

Upon reading the Petition of the Inhabitants of the Parish of Bentley cum Arksey, in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "to take immediate and effectual Measures to release the enslaved Africans in the British Colonies from the unjust and cruel Bondage in which they are held, and to secure to them in future the Enjoyment of all the Rights and Privileges of Freemen:"

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

Hexthorpe cum Balby:

Upon reading the Petition of the Inhabitants of the Township of Hexthorpe cum Balby, in the West Riding of the County of York, whose Names are thereunto subscribed:

Sandall Magna & Parva:

And also, Upon reading the Petition of the Inhabitants of Sandall Magna and Sandall Parva, in the West Riding of the County of York, whose Names are thereunto subscribed; severally praying their Lordships "immediately to abolish Slavery in the British Colonies, and to restore to the Slave the Rights and Privileges of which he has been so long and so unjustly deprived:"

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

Agard St. Chapel, Derby:

Upon reading the Petition of the Members of the Congregation assembling in Agard Street Baptist Chapel, in the Borough of Derby, whose Names are thereunto subscribed:

St. Werburgh's, Derby:

Also, Upon reading the Petition of the Members of the Congregation assembling in St. Werburgh's Church, in the Borough and County of Derby, whose Names are thereunto subscribed:

Barrow on Trent:

And also, Upon reading the Petition of the Members of the Congregation of Protestant Dissenters worshipping in the Independent Chapel at Barrow upon Trent, in the County of Derby, whose Names are thereunto subscribed; severally praying their Lordships "for the Appointment of a Day, not distant, after which all Children born within British Dominions shall be free, whilst at the same Time every Step is taken for the Emancipation of the Slaves themselves:"

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

Owston:

Upon reading the Petition of the Inhabitants of the Parish of Owston, in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "immediately to take into Consideration the State of Negro Slavery, and to fix an early Day after which it shall utterly and irrevocably cease throughout the British Dominions:"

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

Braithwell:

Upon reading the Petition of the Inhabitants of the Parish of Braithwell, in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "to take immediate and effectual Measures to release the enslaved Africans in the British Colonies from the unjust and cruel Bondage in which they are held, and to fix an early Day after which Slavery in the British Dominions shall utterly and irrevocably cease:"

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

Haddington:

Upon reading the Petition of The Provost, Magistrates and Inhabitants of the Burgh of Haddington and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as shall appear to them best calculated to ensure, at the earliest possible Period consistently with the Safety and Interests of all the Parties concerned, the entire Abolition of Colonial Slavery:"

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

St. Ives.

Upon reading the Petition of the Dissenters of the Independent Denomination of Saint Ives, in the County of Huntingdon, whose Names are thereunto subscribed; praying, "That their Lordships will adopt Means for the immediate Emancipation of the Slaves in His Majesty's West Indian Islands, and thereby free the Country from the Odium with which it has so long been chargeable:"

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

Adjourn.

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