House of Lords Journal Volume 63: 7 December 1830

Die Martis, 7° Decembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Wilson et al. v. Sinclair:

The House (according to Order) proceeded to take into further Consideration the Cause wherein Archibald Wilson, and others, are Appellants, and Duncan Sinclair is Respondent:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel, as well on Tuesday the 30th Day of November last as on Saturday the 4th Day of this instant December, upon the Petition and Appeal of Archibald Wilson, James Jamieson and John M'Lellan, Individual Partners of the late Firm of Wilson and M'Lellan, Merchants in Greenock; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 13th November 1827, in so far as it does not find the Petitioners entitled to Expences; and also of Two Interlocutors of the Lords of Session there, of the First Division, of the 12th Day of February 1828 and 12th Day of February 1829; 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 Duncan Sinclair, residing at Elrig, in Appin, 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 Interlocutors complained of in the said Appeal, be, and the same are hereby Reversed.

Mactavish v. Scott et al:

The House (according to Order) proceeded to take into further Consideration the Cause wherein John Mactavish is Appellant, and James Scott, and others, are Respondents:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel on Saturday last upon the Petition and Appeal of John Mactavish, Solicitor in Inverness, which Appeal, upon the Death of the said Appellant John Mactavish, was, by Order of this House of the 11th Day of March last, revived in the Name of Mrs. Catherine Macdonell otherwise Mactavish, Executrix Dative qua Relict decerned to the said John Mactavish deceased; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 26th of May 1825, in so far as Expences are refused by it to the Petitioner; also of an Interlocutor of the said Lords of Session, of the First Division, of the 12th (and signed the 25th) of May 1827; and also of Five Interlocutors of the Lord Ordinary there, of the 23d November and 7th December 1827, the 6th of March, 11th July and 20th December 1828; 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;" as also upon the joint and separate Answers of William Ainslie Turner, Accountant in Edinburgh, and Robert Roy, Writer to the Signet in Edinburgh, 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 Interlocutors complained of in the said Appeal, be, and the same are hereby Reversed.

The House was adjourned during Pleasure.

The House was resumed by The Lord Wynford, who sat Speaker by virtue of a former Commission.

Sir G.N. Noel v. Rochfort et al.

Ordered, That the Hearing of the Cause wherein Sir Gerard Noel Noel Baronet is Appellant, and Gustavus Rochfort, and others, are Respondents, which stands appointed for this Day, be put off sine Die.

Macdougall v. Purrier, Judges to attend.

Ordered, That the Hearing of the Cause wherein Alexander Macdougall is Appellant, and John Vincent Purrier is Respondent, which stands appointed for this Day, be put off 'till To-morrow, Ten o'Clock; and that the Judges do then attend.

Warburton v. Loveland et al. in Error.

It was moved, "That the Order made Yesterday, "That the Errors assigned upon the Writ of Error, wherein Elizabeth Warburton is Plaintiff, and James Loveland, Lessee of George Ivie, and others, are Defendants, be argued by Counsel at the Bar on Wednesday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Doe v. Hicks, in Error, Judges to attend.

Ordered, That the Judges do attend this House Tomorrow, on the arguing of the Errors assigned upon the Writ of Error, wherein John Doe, on the several Demises of Francis Hearle, and others, is Plaintiff, and Susanna Jemimah Hicks is Defendant.

Lords take the Oaths.

This Day William Marquess of Thomond, Gilbert Earl of Minto and Charles Augustus Lord Howard de Walden, 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.

Proceedings, East India Judicature.

The Lord Chancellor acquainted the House, "That the Clerk Assistant had prepared, and laid upon the Table, "A List of the Names of all the Lords who have delivered in Lists in pursuance of the Directions of an Act passed in the 26th Year of His late Majesty King George the Third, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies; and for other Purposes therein mentioned."

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

Slavery, Petitions for Abolition of: (Mayor, &c. of Walsall:)

Upon reading the Petition of The Mayor, Corporation and Inhabitants of the Borough and Foreign of Walsall, in the County of Stafford, whose Names are thereunto subscribed:

Dissenters, Walsall:

And also, Upon reading the Petition of the Members of the Congregation of Independent Dissenters assembling in Bridge Street Chapel, in Walsall, whose Names are thereunto subscribed; severally praying their Lordships to take such Measures as shall seem best for the earliest possible Abolition of Slavery, a System at once impolitic and unjust:"

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

Little East-Cheap, London:

Upon reading the Petition of the Members of a Congregation of Protestant Dissenters assembling for Worship in the King's Weigh House, Little East-Cheap, London, whose Names are thereunto subscribed; praying, "That their Lordships would forthwith take the Work of the Abolition of Colonial Slavery entirely into their own Hands, and by the most decisive Measures secure the speedy Fulfilment of the Resolutions of Parliament for the gradual Abolition thereof; and that their Lordships will fix an early Day from which Slavery shall absolutely and for ever cease in every Part of His Majesty's Dominions:"

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

Hertford:

Upon reading the Petition of the Protestant Dissenters meeting for Public Worship at the Baptist Meeting House in the Borough of Hertford, in the County of Hertford, whose Names are thereunto subscribed; praying, "That their Lordships will, with the least possible Delay, enact a Law, declaring, that at and after a certain Day to be therein named Slavery shall for ever cease in all Parts of the British Empire:"

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

Birmingham:

Upon reading the Petition of the Inhabitants of Birmingham and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to take the momentous Subject of Colonial Slavery into their early and serious Consideration, with a view to the immediate Emancipation of the Slaves, under such temporary Regulations alone as their Lordships may deem essential for their own Well-being, and the Preservation of Social Order:"

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

York St. Chapel, Walworth:

Upon reading the Petition of the Members of the Congregation of Protestant Dissenters at York Street Chapel, Walworth, Surrey, whose Names are thereunto subscribed:

Brighthelmstone:

Also, Upon reading the Petition of the Members of a Congregation of Protestant Dissenters of the Particular Baptist Denomination assembling at Salem Chapel, Bond Street, Brighthelmstone, in the County of Sussex, whose Names are thereunto subscribed:

Holyhead:

Also, Upon reading the Petition of the Welsh Calvinistic Methodists, and others, in the Town and Vicinity of Holyhead, in the County of Anglesea, whose Names are thereunto subscribed:

Brixham:

And also, Upon reading the Petition of the Inhabitants of Brixham and its Vicinity, whose Names are thereunto subscribed; severally praying their Lordships "to adopt such Measures as may seem best for the early and entire Abolition of Slavery throughout the British Dominions:"

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

Camberwell:

Upon reading the Petition of the Inhabitants of the Village of Camberwell and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "for the total Abolition of the nefarious System of Slavery at the earliest possible Period:"

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

High St. Chapel, Lancaster:

Upon reading the Petition of the Protestant Dissenters of the Congregational Order worshipping at High Street Chapel, and other Friends to the speedy and total Abolition of Slavery throughout the British Dominions, residing in the Town of Lancaster, in the County Palatine of Lancaster, whose Names are thereunto subscribed; praying their Lordships "to adopt such decisive Measures in the present Session as shall be most suitable to accomplish the speedy Extinction of Slavery in the British Colonies:"

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

Horton-Pagnell, &c:

Upon reading the Petition of the Inhabitants of the Villages of Horton-Pagnell, Clayton and Moorhouse, in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "to take into Consideration the State of our Fellow Subjects in the West India Colonies, 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.

Mexbrough.

Upon reading the Petition of the Inhabitants of the Parish of Mexbrough, in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "to take effectual Measures for abolishing Slavery in the British Colonies, and conferring on the Slave the Rights and Privileges of which he has been so long and so unjustly deprived:"

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

Insolvent Debtors Act, Petition of Debtors in the Marshalsea, Dublin, for Extension of, to Ireland.

Upon reading the Petition of the Debtors, uncertificated Bankrupts, confined in the Four Courts Marshalsea, Dublin, whose Names are thereunto subscribed; praying their Lordships "to take into their Consideration their unfortunate Situation, and to extend to Ireland the Benefit and Advantages of the Act for the Relief of Insolvent Debtors in England, of the Seventh of George the Fourth, Chapter Fifty-seven, Section Fourteen, so that the Petitioners shall be at liberty to apply for Relief in the Insolvent Debtors Court in Ireland agreeably to the said Act for the Relief of Insolvent Debtors in England:"

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

BankruptAct, Petition of Chamber of Commerce, Dublin, for Extension of, to Ireland.

Upon reading the Petition of the Members and Subscribers of the Chamber of Commerce of the City of Dublin; praying their Lordships "to extend to Ireland the Benefit of an Act passed in the Sixth Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act to amend the Laws relating to Bankrupts," and dated 2d May 1825, whereby the Assignees of Bankrupts are obliged to lodge any Sum of Money remaining in their Hands, of Bankrupts Property, which shall exceed Fifty Pounds, in Bank, and if such shall not be claimed by the Creditors, or their Representatives, who have proved their Debts under the Commission or Commissions issued against such Bankrupts Estates, within Three Years, that then such Residue shall be divided between and amongst the surviving Creditors of said Bankrupt or Bankrupts in proportion to the Amount of their respective Debts so paid:"

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

Coals imported into Ireland, Petition from St. Mary, Dublin, for Repeal of Duty on.

Upon reading the Petition of the Merchants, Manufacturers, Traders, Householders and other Inhabitants of the Parish of Saint Mary, in the City of Dublin, whose Names are thereunto subscribed; praying their Lordships, "That all Duties, whether local or general, on the Importation of Coals into Ireland, may be forthwith repealed:"

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

Education, (Ireland,) Petition from St. Michael's & St. John's, Dublin, for regulating Grants for.

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Saint Michael's and Saint John's, in the City of Dublin, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as may enable the Roman Catholic Poor of Ireland, without any Sacrifice of their Religious Principles or Discipline, to avail themselves of the Bounty of the Legislature for the Education of the Poor of Ireland:"

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

Com ee on the Poor Laws, Evidence to be printed:

Ordered, That the Evidence taken from Time to Time before the Select Committee appointed to consider of the Poor Laws be printed for the Use of the Members of this House, but that no Copies be delivered out to any of the Lords but such as are Members of the Select Committee, 'till further Order.

Com ee to report from Time to Time:

Ordered, That the said Committee be at liberty to report to the House from Time to Time, as they shall see fit.

Witnesses to attend the Com ee.

Ordered, That The Reverend Mr. Foulis, Richard Pollen Esquire, Mr. Cameron, Steward of W.S.Poyntz Esquire, and The Reverend Stephen Demainbray, do attend this House To-morrow, to be sworn, in order to their being examined as Witnesses before the last-mentioned Committee.

Slane Peerage, Order for Com ee to meet, discharged.

It was moved, "That the Order made on Wednesday last, "That the Committee for Privileges, to whom the Petition of George Bryan of Jenkinstown, in the County of Kilkenny, Esquire, to His Majesty, praying, "That his Claim to the Barony of Slane may be referred to The House of Peers, to report whether the said Title be or be not a Barony in Fee by Writ of Summons descendible to Heirs General, and whether the same is or is not now in Abeyance between Edward Lord Dunsany and the Petitioner;" together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed; and also the Petition of Henry Fleming of the City of Dublin, praying, "That their Lordships will not adjudge the Barony of Slane to the Claimant Mr. Bryan, until he has fully and clearly proved, that according to the Usage and Law of Ireland he is entitled to it; and that Time may be allowed until James Fleming, his eldest Brother, who is at present in France, and altogether ignorant of the Steps that have been taken by the said George Bryan, shall return, and have an Opportunity of proving, at the Bar of their Lordships House, the Truth of the Allegations contained in the said Petition," stand referred, do meet to consider of the said Claim on Thursday the 9th of this instant December; and that Notice thereof be given to His Majesty's Attorney General for England, and also to His Majesty's Attorney General and Solicitor General for Ireland," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Carnegy v. Scott.

Ordered, That the Cause wherein David Carnegy Esquire is Appellant, and Miss Margaret Scott is Respondent, be heard by Counsel at the Bar on Thursday next.

Scot v. Ker et al.

Ordered, That the Cause wherein Archibald Scot is Appellant, and James Ker, and others, are Respondents, be heard by Counsel at the Bar on Thursday next.

Consolidated Fund Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to apply the Sum of Three Millions out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, octavum diem instantis Decembris, horâ decimâ Auroræ, Dominis sic decernentibus.