House of Lords Journal Volume 63: 14 December 1830

Die Martis, 14° Decembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Baron sat Speaker by virtue of a former Commission.

Mac Neill v. Mac Neill & Jollie.

After hearing Counsel fully in the Cause wherein Malcolm Mac Neill Esquire is Appellant, and Mrs. Mary Black Mac Neill, and Robert Jollie her Husband, are Respondents:

It is Ordered, That the further Consideration of the said Cause be put off to Thursday next.

Earl Poulett takes the Oaths.

This Day John Earl Poulett took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Galbraith v. Galbraith.

After hearing Counsel, in Part, in the Cause wherein James Galbraith and John Galbraith are Appellants, and Richard Galbraith Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off sine Die.

The House was adjourned during Pleasure.

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

Macdougall v. Purrier.

The House proceeded to take into further Consideration the Cause wherein Alexander Macdougall is Appellant, and John Vincent Purrier is Respondent:

And Consideration being had thereof;

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

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

The House proceeded to take into further Consideration the Cause wherein Lieutenant Colonel James Taylor, and others, are Appellants, and Sir William Forbes and Company are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Friday the 12th as on Friday the 19th Days of November last; upon the Petition and Appeal of Lieutenant Colonel (late Major) James Taylor of the 48th Regiment of Foot; and George M'Cullum Esquire, residing in India Street, Edinburgh, Captain Andrew Waugh, late of the 48th Regiment, Captain Robert Gray, also late of the said 48th Regiment, William Girdwood, Merchant in Leith, and George M'Cullum, Writer to the Signet, his Factors, Commissioners and Attornies; complaining of an Interlocutor and Note of the Lord Ordinary in Scotland, of the 24th and 25th of February 1825, except in so far as it appointed the Petitioner, before farther Answer as to the Defenders Patrick and William Taylor, to put into Process a particular State of his Claims against them or either of them, and when lodged allowed them respectively to see and answer the same; also of an Interlocutor of the said Lord Ordinary, of the 12th of May 1825; also of an Interlocutor and Note of the said Lord Ordinary, of the 8th of June 1825; and also of an Interlocutor of the Court of Session, of the Second Division, of the 9th of June 1827; 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 Sir William Forbes, James Hunter and Company, Bankers 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, & Cause remitted, with Instructions.

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 Ordered, That the Cause be remitted back to the Lords of Session in Scotland, of the Second Division, with an Instruction to them that they do direct a Trial by Jury to be had upon the following Issues: Whether any and what Part of the £5000, transferred by John Taylor to a separate Account in his own Name in 1803, subsequently transferred, in 1814, into the Name of Patrick Taylor, and again, in 1817, transferred into an Account called the separate Account of John Taylor and Son, has been received by the Respondents in Payment of a Debt due to them from the Firm of Taylor and Son? Whether, when the Respondents received such Money, they knew that it was Part of the Estate of John Taylor, and that Patrick Taylor was possessed of that Money as the Executor of the said John Taylor, and held it subject to the Trusts declared by that Will, and that the said Trusts were not satisfied? and that after the Trial of such Issues the said Lords of Session of the Second Division do proceed further in this Cause as shall be just.

Annandale Peerage, Petition of George Johnston respecting, referred to the Com ee for Privileges.

Upon reading the Petition of George Conway Montague Levine Wade Souter Johnston, Lieutenant, 14th Regiment of Foot; setting forth, "That the Petitioner is the only Son of the late Lieutenant General Souter Johnston, who had the Honor of serving His most Gracious Majesty's Predecessors upwards of Sixty Years with distinguished Zeal and Bravery, he having entered into the Service at a very early Period of Life, which caused his Absence from Great Britain for many Years, depriving him of an Intercourse with his Relatives, and ultimately of Documents incident to his Birth and Consanguinity to the late Marquess of Annandale, whose Successor in the Title and Estates the Petitioner's Father became on the Decease of his Lordship, being in the direct Male Line: That the Petitioner's Father died leaving Petitioner in Infancy; and the Petitioner received a Commission in His Majesty's Service as soon as the Regulations thereof would permit, since which Petitioner has been continually on Foreign Stations, and only on Petitioner's Return from the Birman War (through ill Health) ascertained that various Claimants had appeared for the Honors of Annandale: The Petitioner has been continually labouring under the Effects of Illness contracted in the East, which has incapacitated Petitioner from even joining his Regiment, consequently also rendering him incapable of proceeding to the North to procure such Evidence as to establish Petitioner's Claim to the Marquisate of Annandale; and the Petitioner humbly presumes to state it was with the greatest Surprize he heard that the Claims of Two Individuals relative to this Question were before a Committee of Privilege of their Lordships, it being a well known Fact, both in Great Britain and Scotland, that Petitioner is the only direct Male Heir, the late Lieutenant General Souter Johnston, Petitioner's Father, being Grandson of John Johnston, only Brother of William First Marquis of Annandale, so created the 24th of June 1701: The Petitioner most humbly therefore clings to the Hope that their Lordships will not allow the Services of Petitioner's Father, or his own Absence and ill Health in his Country's Cause, to militate as a Bar to a Claim which can be indisputably substantiated, so as to place Petitioner in the distinguished Rank which by Birth he is entitled to;" and therefore praying, "That their Lordships will be pleased to consider the Statement Petitioner sets forth-That he is the only Male Heir to the Honors of Annandale, all other Claimants merely founding their Pretensions through Female Branches thereto; and, from the peculiar Circumstances of Petitioner's Father's Absence on the Service of his Country, through which all the important Documents relative to his Claim were scattered and destroyed, as well as Petitioner being from Infancy on Foreign Stations, and subsequently from ill Health (contracted Abroad) rendered incapable of travelling to collect Evidence of his Claim, that their Lordships therefore will be pleased, from their high Sense of Justice, to grant Petitioner sufficient Time to procure such Documents and Evidence as will establish his Right to the Marquisate of Annandale:"

It is Ordered, That the said Petition be referred to the Committee for Privileges to whom the Petition of John James Hope Johnstone of Annandale, Esquire, claiming the Earldom of Annandale and Hartfell, with His Majesty's Reference thereof to this House; also the Petition of John Henry Goodinge Johnstone Esquire, late of Pembroke Place, in the County of Middlesex, now of Bonnington Bank near Edinburgh, to His Majesty, claiming the Titles of Earl of Annandale and Hartfell, Viscount of Annan, Lord Johnstone of Lochwood, Lochmaben, Moffatdale and Evandale, with His Majesty's Reference thereof to this House; also the Petition of Sir Robert Graham Baronet, of Walbrook, in the City of London, to His Majesty, claiming the Titles, Honors and Dignity of Earl of Annandale and Hartfell, Viscount Annan and Baron Johnstone of Lochwood, Lochmaben, Moffatdale and Evandale, with His Majesty's Reference thereof to this House; and also the Petition of William Greig Johnstone, lately residing in the Parish of Monikie, now in the Town of Montrose, County of Forfar, North Britain, to His Majesty, claiming the Title of Earl of Annandale, with His Majesty's Reference thereof to this House, stand referred.

Metropolis Police Act, Petition from Lambeth for Repeal of.

Upon reading the Petition of the Inhabitant Householders of the Parish of Lambeth, in the County of Surrey, in Vestry assembled, whose Names are thereunto subscribed; praying, "That their Lordships will repeal the Act for improving the Police in and near the Metropolis, and thereby restore to the Petitioners the ancient, wholesome and important Privileges of which they have been deprived by the Act referred to; remove the anomalous Tax to which they have been subjected by that Act; and abrogate the great, unnecessary and unprecedented Power which has been vested by that Act, and for the first Time, in One of His Majesty's Principal Secretaries of State:"

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

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Coals carried Coastwise, Petition from Torquay for Repeal of Duty on.

Upon reading the Petition of the Inhabitants of Torquay, in the County of Devon, whose Names are thereunto subscribed; praying, "That their Lordships will take the Subject of the Tax on Coals carried Coastwise into their most serious Consideration; and to adopt such Measures as may seem meet, either for its Reduction or entire Abolition:"

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

Slavery, Petitions for Abolition of: (Buntingford:)

Upon reading the Petition of the Inhabitants of the Town of Buntingford, Hertfordshire, whose Names are thereunto subscribed:

Cottenham:

Also, Upon reading the Petition of the Inhabitants of the Parish of Cottenham, in the County of Cambridge, whose Names are thereunto subscribed:

Brechin:

Also, Upon reading the Petition of the Moderator and Remanent Members of the Presbytery of Brechin:

Inhabitants, Earl's Colne:

Also, Upon reading the Petition of the Inhabitants of Earl's Colne and its Vicinity, whose Names are thereunto subscribed:

Baptists, Earl's Colne:

Also, Upon reading the Petition of the Protestant Dissenters of the Baptist Denomination assembling for Divine Worship at Earl's Colne, Essex, whose Names are thereunto subscribed:

Colne Engain.

And also, Upon reading the Petition of the Inhabitants of Colne Engain and its Vicinity, whose Names are thereunto subscribed, severally praying their Lordships "to adopt immediate Measures for putting an end to the System of Slavery in every Dominion under the British Crown:"

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

Reform of Parliament, Petition from Clerkenwell in favor of.

Upon reading the Petition of the Inhabitants of Saint James Clerkenwell, in the County of Middlesex, agreed to in Public Vestry; praying their Lordships, "That their Attention may not be diverted by Anti-Slavery Petitions from pursuing and effecting those Reforms at Home so long solicited by the People, in order to stem that Torrent of Pauperism which eventually will break asunder all those Links in Society on which the Prosperity of the Country must always depend:"

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

Slavery, Petition from Chelsea for Abolition of.

Upon reading the Petition of the Inhabitants of the Parish of Saint Luke Chelsea, whose Names are thereunto subscribed; praying, "That their Lordships will forthwith take such Steps as may secure the immediate and final Extinction of Slavery in the British Colonies, and will adopt such Measures as may fairly and honorably meet the alleged Claims of the Planters:"

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

Colonial Acts Validity Bill.

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

With a Bill, intituled, "An Act to render valid Acts done by the Governor of any of His Majesty's Plantations after the Expiration of his Commission by the Demise of His late Majesty; and to extend the Period within which the Patents of Governors of Colonies shall on any future Demise of the Crown become vacant, and to provide for the longer Duration of the Patents of Governors after the Demise of the Crown;" 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 on Thursday next.

Whitchurch Roads Bill.

A Message was brought from the House of Commons, by Mr. Chaplin and others;

With a Bill, intituled, "An Act for repairing, amending and maintaining the Roads from Marchwiel, through Bangor, Worthenbury and Hanmer, to Whitchurch, and from Bangor to Malpas, and from Redbrook to Hampton, in the Counties of Denbigh, Flint, Chester and Salop;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Civil Disabilities affecting the Jews, Petition of Jews of London for Removal of.

Upon reading the Petition of the natural-born Subjects of His Majesty professing the Jewish Religion, resident in and near the City of London, whose Names are thereunto subscribed; praying their Lordships "to take into favorable Consideration the peculiar Grievances of the Petitioners, and to adopt such Legislative Measures for the Removal thereof as to their Lordships shall seem meet:"

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

Redress of Grievances, Petition for, from Southampton.

Upon reading the Petition of The Mayor and Inhabitants of the Town and County of Southampton, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased immediately to take the State of the Country at large into their most particular and serious Consideration, with a view to investigate the true Causes of the present Discontent and Commotion, and to apply the most prompt and effectual Remedies to the Redress of all well-ascertained Grievances; namely, The Tithe System, the Want of Reform in Parliament, the Misapplication of the Poor Laws, the disgraceful Amount of the Pension and Sinecure Lists, and the excessive Amount of Taxation, in order to re-establish those Feelings of mutual Support and Confidence which ought to unite all Classes of Society:"

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

Coals carried Coastwise, Petitions for Repeal of Duty on: (Ld. Mayor, &c. of London:)

Upon reading the Petition of The Lord Mayor, Aldermen and Commons of the City of London in Common Council assembled; praying their Lordships "to take such Measures for the Repeal of the Duty of Six Shillings per Chaldron upon Sea-borne Coals as to their Lordships shall seem meet:"

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

Great Grimsby:

Upon reading the Petition of the Merchants, Ship Owners and Inhabitants of Great Grimsby, in the County of Lincoln, whose Names are thereunto subscribed:

Sunderland:

Also, Upon reading the Petition of the Coalfitters of the Port of Sunderland, in the County of Durham, whose Names are thereunto subscribed:

Hunmanby, &c:

Also, Upon reading the Petition of the Householders of the several Parishes and Townships of Hunmanby, Filey, Muston, Speeton, Reighton, Folkton, Flixton, Staxton and Willerby, in the Wapentake of Dickering, in the East Riding of the County of York, whose Names are thereunto subscribed:

Hull:

Also, Upon reading the Petition of the Merchants, Ship Owners and Inhabitants of the Town of Kingston upon Hull, whose Names are thereunto subscribed:

Sunderland. (2 Petitions.)

And also, Upon reading the Petition of the Merchants and other Inhabitants of Sunderland, in the County of Durham, whose Names are thereunto subscribed; severally praying their Lordships "to adopt Measures for the Repeal of the Duty on Sea-borne Coals:"

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

Upon reading the Petition of the Ship Owners of the Port of Sunderland, whose Names are thereunto subscribed; praying, "That their Lordships, seeing the great Impolicy of the Duties on Coals carried Coastwise, and the prejudicial Effect they have upon the Petitioners and the Ship Owners at large, will repeal the same, and thereby afford some permanent Relief to so large and influential a Part of His Majesty's Subjects as the Ship Owners of Great Britain:"

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

Coals exported, Petition from Hull for Repeal of Duties on.

Upon reading the Petition of the Ship Owners, Merchants and others interested in the Trade and Commerce of the Port of Hull, whose Names are thereunto subscribed; praying their Lordships "to adopt Measures for the Total Repeal of all Duties on Coals exported to Foreign Countries:"

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

Dick v. Cuthbertson:

Upon reading the Petition and Appeal of John Dick of Wellshall, Esquire, Advocate; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 14th January 1829; also of so much of an Interlocutor of the said Lord Ordinary, of the 19th December 1829, as "finds the Title offered to the Petitioner a good and valid Title, and finds the Letters orderly proceeded, and the Petitioner liable in Expences from the Date of the Lord Ordinary's Interlocutor of 14th January 1829, first appealed from;" and also of so much of an Interlocutor of the Lords of Session there, of the Second Division, of the 30th of November last, (signed 1st Current,) as "finds that the Suspender (Petitioner) is not entitled to be freed and relieved of the Obligations incumbent on him under the Articles of Sale of the Property in question, and that the Charger's Title thereto being now complete, a good and valid Title has been offered to the Suspender, (Petitioner,) adheres to the Interlocutor reclaimed against in the Suspension in so far as that Interlocutor was reclaimed against by the Petitioner, and refuses the Desire of the Petitioner's Reclaiming Note, and in the Action of Declarator and Reduction sustains the Defences, and assoilzies the Defender from the Conclusions of the Summons, and of new finds the Petitioner liable in the Expence found due by the Interlocutor of 19th December 1829, and remits to the Lord Ordinary to modify and decern for the same;" and praying, "That the same may be reversed, varied or altered, in so much as they are complained of, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet;" and that Donald Cuthbertson, Accountant in Glasgow, may be required to answer the said Appeal:

It is Ordered, That the said Donald Cuthbertson may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 11th Day of January next; and Service of this Order upon the said Respondent, or upon any one of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Robertson to enter into a Recog ce on it.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Dick Esquire, on account of his Appeal depending in this House, he residing in Scotland:"

It is Ordered, That the said David Robertson may enter into a Recognizance for the said Appellant, as desired.

Com ee on the Poor Laws, Witnesses to attend.

Ordered, That John Gray Esquire, R M Bacon Esquire, J Richardson Esquire, and William Murton Esquire, do attend this House on the first Day after the Recess at Christmas, to be sworn, in order to their being examined as Witnesses before the Select Committee appointed to consider of the Poor Laws.

Landlord's Right of Hypothec (Scotland,) Bill presented.

The Lord Chancellor presented to the House a Bill, intituled, "An Act to regulate the Landlord's Right of Hypothec in Scotland."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Returns Ordered: Prices of Provisions at Greenwich & Chelsea Hospitals:

Ordered, That there be laid before this House, "A Return of the Prices of Provisions and Necessaries, as far as the same can be obtained, from the Books of Greenwich and Chelsea Hospitals; distinguishing each Year, from the Year 1795 to the Year 1830."

Lead imported:

Ordered, That there be laid before this House, "A Return of the Quantity of Foreign Lead and Lead Ore imported from 1st January 1830 to 1st January 1831:"

Also, "A Return of the Total Amount of Duty paid on the same:"

And also, "A Return of the Quantity of British Lead and Lead Ore exported during the same Period; the Countries and Places to which such Exports have been made, and the Periods; and from what Ports of the United Kingdom the Exports have been made."

Processes issued in Matters of Tithes, Ireland.

Ordered, That there be laid before the House, "A Return of the Number of Processes issued in Matters of Tithes from the Bishops Courts in Ireland from 1st of November 1829 to 1st of November 1830:"

Also, "A Return of the Number of Decrees issued from the same Courts in Matters of Tithes during the same Period:"

And also, "A Return of the Costs paid upon such Decrees."

Adjourn.

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