House of Lords Journal Volume 63: 8 December 1830

Die Mercurii, 8° Decembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

D. of Portland takes the Oaths.

This Day William Henry Cavendish Duke of Portland took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Macdougall v. Purrier in part heard.

The Order of the Day being read for hearing the Cause wherein Alexander Macdougall is Appellant, and John Vincent Purrier is Respondent; and for the Judges to attend;

Counsel were according called in:

And the Counsel for the Appellant having been heard;

The Counsel were directed to withdraw.

Complaint to the House of a person attempting to shoot one of the Marshalmen:

Complaint was made to the House by the Gentleman Usher of the Black Rod, "That he had a Person in Custody below Stairs who had in his Possession very dangerous Weapons, a Pistol and other Arms; and that he did attempt to take away the Life of One of the Marshalmen attending on this House, but luckily the Pistol missed Fire; that he proposed, with the Pleasure of the House, to take him before the Secretary of State for the Home Department, for Examination."

Black Rod to take the Prisoner before the Secretary of State.

It was Moved, "That the Gentleman Usher of the Black Rod do take the Prisoner before the Secretary of State, and that he do not part with him out of his Custody without the Order of this House."

The same was agreed to; and Ordered accordingly.

Macdougall v. Purrier fully heard:

Then Counsel were again called in, to be further heard in the last-mentioned Cause:

And the Counsel for the Respondent having been heard, as also One Counsel for the Appellant, by way of Reply;

The Counsel were directed to withdraw.

Ordered, That the further Consideration of the said Cause be put off sine Die.

Judges discharged from further Attendance thereon.

Ordered, That the Judges be discharged from further Attendance on this House on the last-mentioned Cause.

Doe v. Hicks, in Error.

Ordered, That the Hearing of the Errors argued 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, which stands appointed for this Day, be put off sine Die.

Message to H.C. for Mr. Estcourt to attend Com ee on the Poor Laws:

Ordered, That a Message be sent to the House of Commons, to request that they will give Leave to Thomas Grimstone Bucknall Estcourt Esquire, a Member of that House, to attend their Lordships, in order to his being examined as a Witness before the Select Committee appointed by this House to consider of the Poor Laws.

Witnesses to attend the Com ee.

Ordered, That Thomas Partington Esquire, John King Esquire, and Mr. Turner, do attend this House on Monday next, to be sworn, in order to their being examined as Witnesses before the last-mentioned Committee.

Ordered, That Major Moody and Thomas Walker Esquire do attend this House To-morrow, to be sworn, in order to their being examined as Witnesses before the last-mentioned Committee.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Ireland, Petition from Freshford, &c. for Restoration of its Parliament.

Upon reading the Petition of the Inhabitants of the United Parishes of Freshford, Tulleroan and Three Castles, Ireland, whose Names are thereunto subscribed; praying their Lordships "to restore to Ireland its Parliament:"

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

Liberty of the Press, Petition from Blackburn for Repeal of Laws, &c. affecting.

Upon reading the Petition of the Operatives and others of the Town and Neighbourhood of Blackburn, whose Names are thereunto subscribed; praying their Lordships "immediately to repeal all Laws, Taxes and Restrictions imposed on or affecting the Liberty of the Press:"

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

Slavery, Petitions for Abolition of: (Barnsley:)

Upon reading the Petition of the Minister and Members of the Congregation of Protestant Dissenters of the Independent Denomination at Barnsley, Yorkshire, whose Names are thereunto subscribed:

Mansfield:

Also, Upon reading the Petition of the Inhabitants of the Town and Neighbourhood of Mansfield, in the County of Nottingham, whose Names are thereunto subscribed:

Stockwell:

And also, Upon reading the Petition of the Inhabitants of Stockwell, in the County of Surrey, whose Names are thereunto subscribed; severally praying their Lordships "forthwith to pass a Law for the early and utter Extinction of Slavery in the British Colonies:"

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

Wimborne:

Upon reading the Petition of the Independent Protestant Dissenters, Wimborne, Dorset, whose Names are thereunto subscribed; praying, "That their Lordships will during the present Session of Parliament enact such Laws as shall immediately, entirely and for ever abolish Slavery in the British Dominions:"

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

Wottonunder-Edge.

Upon reading the Petition of the Inhabitants of the Town of Wotton-under-Edge and its Vicinity, in the County of Gloucester, whose Names are thereunto subscribed; praying their Lordships, "That after due Instruction is given to the Slave Population respecting the Privileges they may be permitted to enjoy, that an early Period be fixed by their Lordships when this Privilege may be fully granted to this suffering Class of our Fellow Subjects:"

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

Proceedings, East India Judicature Act.

It was moved, "That so much of an Act made 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, as relates to the Nomination and Appointment of Members of this House, in order to the constituting in Part a Court of Judicature, be now read."

The same was accordingly read by the Clerk.

Ordered, That the Clerk do take the Lists laid upon the Table Yesterday out of the Covers, and put them together into a Box at the Table.

Ordered, That the Lords following be appointed a Committee to examine the said Lists, and report to the House the Titles of such Lords as shall appear upon Ten of the said Lists:

Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the said Committee, be added thereto.

Ordered, That the said Committee do appoint their own Chairman.

3d Report from Appeal Com ee.

The Earl of Radnor 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; Thomson against Williamson and others, et e contra; Baillie against Grant; Dickson and others against Cuninghame and another; Duff against Fraser; The Marquess of Donegall against Houlditch and others; the Two Causes Scot against Ker and another, and Sir Samuel Stirling Baronet and another against Kelly and others; "That the Committee had met, and considered the Petition of the Respondents in the Original, Appellants in the Cross Appeal, Thomson against Williamson and others, et e contra, praying their Lordships to permit their Case in the Original Appeal to be received; and had also considered the Respondent's Petition in the Cause Baillie against Grant, and the Petition of The Honorable John Hay Forbes Lord Medwyn, One of the Respondents in the Cause Dickson and others against Cuninghame and another, severally praying their Lordships for Leave now 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, as desired: That the Committee had also considered the Respondent's Petition in the Cause Duff against Fraser, praying their Lordships to order that the Appendix to the Appellant's Case, which Appendix had been lodged at the Parliament Office, may be withdrawn; and had heard the Agents thereon, and the Committee are of Opinion, That the Prayer of the said Petition ought not to be complied with: That the Committee had also considered the Appellant's Petition in the Cause The Marquess of Donegall against Houlditch and others, praying their Lordships that he may be at liberty to withdraw his Appeal without Costs; and had heard the Agents thereon, and the Committee are of Opinion, That the said Appeal may be withdrawn, upon the Appellant paying to the Respondents such reasonable Costs as may have been incurred by the Respondents by reason of the Appeal: That the Committee had also considered the Petition of the Appellant in the Two Causes Scot against Ker and another, praying their Lordships, either to order that the Hearing of the Appeal first mentioned in the Petition shall stand over until after the second mentioned Appeal shall have been heard, or to order that the second mentioned Appeal shall be advanced and come on for Hearing at the same Time with the first mentioned Appeal; and had heard the Agents thereon, and the Committee are of Opinion, That the Petition may be withdrawn, as desired by the said Appellant's Agent: And that the Committee had also considered the Respondents Petition in the Cause Sir Samuel Stirling Baronet and another against Kelly and others, praying their Lordships to order that the said Petition and Appeal be and stand dismissed this House, and that the Order made for answering the said Petition and Appeal may be discharged; and had heard the Agents thereon, and the Committee are of Opinion, That the Prayer of the said Petition ought not to be complied with."

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

James Sisk to be delivered over to the Civil Authorities.

Ordered, That James Sisk, now in the Custody of the Gentleman Usher of the Black Rod, be delivered over to the Civil Authorities, to be dealt with according to Law.

Consolidated Fund Bill.

The Order of the Day being read for the Second Reading of the 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;"

The said Bill was accordingly read a Second Time.

The Question was put, "Whether this Bill shall be committed?"

It was resolved in the Negative.

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

Piddlehinton Inclosure Bill read 2a, & committed:

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, allotting and inclosing Lands within the Parish of Piddlehinton, in the County of Dorset."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Com ee to appoint a Chairman.

Ordered, That the Committee to whom the said Bill stands committed do appoint their own Chairman.

Commons Answer to Message of this Day.

The Messengers sent to the House of Commons this Day, being returned, informed the House, "That the Commons return for Answer, That they will send an Answer by Messengers of their own."

Highgate & Whetstone Road Bill read 2a, & committed:

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing and otherwise improving the Road from Highgate, in the County of Middlesex, through Whetstone, to Chipping Barnet, in the County of Hertford, and the Road from Chipping Barnet to the Thirteen Mile Stone near Gannick Corner, in the Parish of South Mims, in the County of Middlesex."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Com ee to appoint a Chairman.

Ordered, That the Committee to whom the said Bill stands committed, do appoint their own Chairmen.

Adjourn.

Dominus Cancellarius declaravit præsens parliamentum continuandum esse usque ad et in diem Jovis, nonum diem instantis Decembris, horâ decimâ Auroræ, Dominis sic decernentibus.