House of Lords Journal Volume 63: 9 March 1831

Die Mercurii, 9° Martii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Pluck v. Digges & White, in Error:

Whereas this Day was appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error brought into this House on the 9th Day of February 1829, wherein Patrick Pluck is Plaintiff, and Montgomery Digges and Thomas White are Defendants, in order to reverse a Judgment given in the Court of Exchequer Chamber in Ireland for the said Defendants, affirming a Judgment of the Court of Common Pleas in Ireland, Counsel were accordingly called in to be heard; and Counsel appearing for the Plaintiff in Error, (none appearing for the Defendants,) he was heard to argue the Errors assigned upon the said Writ of Error; and having prayed a Reversal of the said Judgment, the Counsel was directed to withdraw; and due Consideration had of what was offered:

Judgments Reversed:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgment given in the Court of Exchequer Chamber in Ireland, affirming the Judgment given in the Court of Common Pleas in Ireland, be, and the same is hereby Reversed; and that the Judgment given in the said Court of Common Pleas in Ireland be, and the same is hereby also Reversed; and that the Verdict given by the Jury in this Case be, and the same is hereby vacated and annulled.

The Tenor of which Judgment, to be affixed to the Transcript of the Record, is as follows:

Tenor.

"On which Day, before Our Lord the King and the Peers in the same Court of Parliament now here at Westminster, in the said County of Middlesex, assembled, come the Parties aforesaid, by their Attornies; Whereupon all and singular the Premises having been seen, and by the said Court of Parliament here fully understood, and as well the Record and Proceedings aforesaid, as the several Matters before assigned for Error, being diligently examined, and mature Deliberation thereupon had; It appears to the said Court of Parliament now here, that the Judgments before given are erroneous: Therefore it is considered and adjudged by the same Court of Parliament, that such Judgments be, and the same are hereby accordingly Reversed; and that the Record aforesaid, and also the Proceedings aforesaid in the same Court of Parliament had in the Premises, be remitted by the same Court of Parliament to the Exchequer Chamber of that Part of the United Kingdom of Great Britain and Ireland called Ireland."

Faussett v. Carpenter, in Error:

Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Lords in Parliament assembled, a Record of the Court of Exchequer Chamber in Ireland was brought into this House on the 16th Day of February 1830, wherein Charles Faussett is Plaintiff, and Michael Carpenter, feigned Lessee of James Palmer Esquire, and also of Thomas Palmer Esquire, and also of Anna Maria Newcomen Widow, and also of the said James Palmer, Thomas Palmer and Anna Maria Newcomen, and also of The Reverend Mungo Henry Noble Waller Clerk, and also of The Reverend Augustus Beaufort Clerk and Mary his Wife, and also of Robert Mayne Esquire and Leonora his Wife, and also of The Reverend George Brabazon Clerk and Leonora his Wife, and also of Elizabeth Waller Spinster, and also of The Reverend Mungo Henry Noble Waller Clerk, The Reverend Augustus Beaufort Clerk and Mary his Wife, Robert Mayne and Leonora his Wife, The Reverend George Brabazon Clerk and Leonora his Wife, and Elizabeth Waller Spinster, and also of William Palmer Esquire, and also of Charles Jones Esquire and Elinor his Wife, and also of Anne Battersby Widow, and also of Elizabeth Palmer Spinster, and also of Thomas Palmer, William Palmer, Charles Jones and Elinor his Wife, Anne Battersby Widow, and Elizabeth Palmer, is Defendant, in order to reverse a Judgment given in the Court of Exchequer Chamber in Ireland, affirming a Judgment of the Court of King's Bench in Ireland for the said Defendant; and Counsel having been heard this Day to argue the Errors assigned upon the said Writ of Error; and due Consideration had of what was offered on either Side in this Cause:

Judgment Affirmed, with Costs:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgment given in the Court of Exchequer Chamber in Ireland, affirming a Judgment of the Court of King's Bench in Ireland, be, and the same is hereby Affirmed; and that the Record be remitted, to the end such Proceeding may be had thereupon as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiff do pay or cause to be paid to the said Defendant the Sum of One hundred Pounds, for his Costs sustained by reason of bringing the said Writ of Error.

The Tenor of which Judgment, to be affixed to the Transcript of the Record, is as follows:

Tenor.

"At which Day, before the Lord the King in the same Court of Parliament at Westminster, come the Parties aforesaid, in their proper Persons; Whereupon all and singular the Premises being seen, and by the Court of Parliament aforesaid now here fully understood, and as well the Record and Proceedings aforesaid, and the Judgment thereon given, as the said Causes and Matters by the said Charles Faussett above for Error assigned, being diligently examined and inspected, and mature Deliberation being thereupon had; It seems to the Court of Parliament aforesaid now here, that neither in the Record and Proceedings aforesaid, nor in the giving of the Judgment aforesaid, nor in the Affirmance of the said Judgment, there is any Error; and that the said Record is in no wise vicious or defective: Therefore it is considered by the same Court of Parliament, that the Judgment aforesaid, and also the Affirmance of the same Judgment, be in all Things Affirmed, and stand in full Force and Effect, the said Causes and Matters by the said Charles Faussett above for Error assigned in anywise notwithstanding: And it is further considered by the same Court of Parliament, that the said Michael Carpenter do recover against the said Charles Faussett One hundred Pounds, adjudged to the said Michael Carpenter by the same Court of Parliament aforesaid, according to the Form of the Statute in such Case made and provided, for his Costs, Charges and Damages which he hath sustained by reason of the Delay of Execution of the Judgment aforesaid, on Pretext of prosecuting the Writ of Error aforesaid: And thereupon the Record aforesaid, and also the Proceedings aforesaid in the same Court of Parliament had in the Premises, are remitted by the same Court of Parliament to the Court of Our said Lord the King of His Exchequer Chamber of that Part of the United Kingdom of Great Britain and Ireland called Ireland, to the end that Execution may be done thereupon."

Humphrys v. Pratt, in Error.

Ordered, That the Errors assigned upon the Writ of Error wherein William Humphrys is Plaintiff, and Harvey Pratt is Defendant, be argued by Counsel at the Bar on Wednesday next.

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

Ordered, That 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, be argued by Counsel at the Bar on Wednesday next.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Suits in Common Law Courts Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent the Expence and Delay of Suits in the Common Law Courts at Westminster."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by Mr. Harvey and Mr. Roupell;

To carry down the said Bill, and desire their Concurrence thereto.

Watling St. &c. Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Watling Street Road, the Mancester and Wolvey Heath Road, and other Roads communicating therewith, in the Counties of Leicester and Warwick."

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 the former Messengers;

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Manchester Gas Light Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to authorize the raising of further Monies for supplying the Town of Manchester with Gas."

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

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

Burton upon Trent Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road from Burton upon Trent, in the County of Stafford, to Abbott's Bromley otherwise Bagot's Bromley, in the said County."

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.

Richmond Lunatic Asylum Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend an Act passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act for appropriating the Richmond Lunatic Asylum in Dublin to the Purposes of a District Lunatic Asylum."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Marine Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Royal Marine Forces while on Shore."

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 To-morrow.

Frauds on Creditors Bill.

It was moved, "That the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to prevent Debtors from defrauding their Creditors by lying in Prison or absconding from England," be now received."

The Question was put thereupon?

It was resolved in the Affirmative.

The Earl of Shaftesbury accordingly reported the said Amendments.

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Robinson v. Alexander.

Upon reading the Petition and Appeal of Isaac Robinson of the Regent's Park, in the County of Middlesex, Esquire, surviving Administrator of George Robinson Esquire, deceased; complaining of a Decree of the Court of Chancery, of the 21st of July 1830, which Decree was enrolled on the 8th Day of March instant; and praying, "That the same may be reversed, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; and that Daniel Alexander of Yarmouth, in the Isle of Wight, Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said Daniel Alexander may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Wednesday the 23d Day of this instant March; and Service of this Order upon the Clerk in Court of the said Respondent shall be deemed good Service.

Macclesfield Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing the Road from the Broken Cross, in Macclesfield, to Nether Tabley, in the County of Chester," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Papers respecting the Drainage of Lands (Ireland) to be printed.

Ordered, That the Copy of a Memorial to the Lords of His Majesty's Treasury from The Earls of Clanricarde and Clancarty, dated 30th May 1825, concerning the Drainage of a large Tract of Land, by removing Obstructions in the River Shannon;

And also, The Copy of the Report of Mr. John Grantham, Engineer, upon the same Subject; severally delivered to the House Yesterday, be printed.

Reform of Parliament, Petition from Manningham in favor of.

Upon reading the Petition of the Inhabitants of the Township of Manningham, in the Parish of Bradford and County of York, whose Names are thereunto subscribed; praying their Lordships "for a complete and effective Reform in Parliament; that the Elective Franchise may be extended to every Man who is in any way called upon to contribute to either National or Local Taxation; that in order to prevent that Bribery, Profligacy and Expence with which Elections for Members of the Commons House are now generally attended, Annual Parliaments may be re-established; that in order effectually to prevent all Force, Fear or Intimidation, and all Bribery and undue Influence of any Kind, from operating on the Minds of Electors, all Electors may give their Votes by Ballot:"

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

Bankruptcy Court Bill.

It was moved, "That the House do now resolve itself into a Committee upon the Bill, intituled, "An Act to establish a Court in Bankruptcy."

The Question was put thereupon?

It was resolved in the Affirmative.

The House was accordingly adjourned during Pleasure, and 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 Bill, as amended, be printed.

Mutiny Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

Grosvenor's Relief Bill brought from H.C. & read 1 a:

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

With a Bill, intituled, "An Act to relieve The Right Honorable Robert Grosvenor from certain Penalties incurred by sitting and voting in the House of Commons without having conformed to the Laws in such Case made and provided;" to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time.

Standing Orders 26 & 155 to be considered on it.

Ordered, That the Standing Orders Nos. 26 and 155, relative to Bills not being read or proceeded in Twice the same Day, be taken into Consideration To-morrow, in order to their being dispensed with on the last-mentioned Bill; and that the Lords be summoned.

Slane Peerage, J. Forshall to attend Comee with certain Books.

Ordered, That The Reverend Josiah Forshall, Keeper of the Records of the British Museum, do attend this House this Day, to be sworn, in order to his being examined as a Witness before 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 and Solicitor General for Ireland, and also the Report of the Solicitor General for England, thereunto annexed; and also the Petition of Henry Fleming of the City of Dublin, in relation to the beforementioned Claim, stand referred; and do also attend To-morrow, and do bring with him Two ancient Books, designated Titus C. X. and Faustina C. VIII., in order to their being produced before the said Committee.

Papers delivered:

The House being informed, "That Mr. Tomlins, from the Treasury, attended;"

He was called in; and delivered at the Bar, pursuant to Orders of the 4th, 17th and 21st Days of February last,

Tobacco imported & exported:

"An Account of the Quantity of Foreign Tobacco imported into Great Britain and Ireland for Seven Years ending the 5th January last, and the Amount of Duty paid thereon, distinguishing each Year:"

Also, "An Account of the Quantity of Foreign Tobacco exported from Great Britain and Ireland for Seven Years ending the 5th January last, distinguishing each Year:"

Cotton Wool imported:

Also, "An Account shewing the Quantity and the Official and Real Value of Cotton Wool imported into the United Kingdom from Foreign Countries in each of the last Ten Years, distinguishing the Countries, and shewing the Rate and Amount of Duty in each Year; and a similar Account of Cotton Wool imported from British Possessions, distinguishing the Possessions, and shewing the Rate and the Amount of Duty in each Year:"

Coculus Indicus, &c. imported:

And also, "An Account of the Quantity of Coculus Indicus, Quassia and Extract of Quassia imported into Great Britain during the Year 1830, and the Amount of Duty paid thereon."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

The House being informed, "That Mr. Upperton, from the Commissioners of Shoreham Harbour, attended;"

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

Shoreham Harbour.

"An Account of the Receipts and Payments by the Commissioners of Shoreham Harbour, up to the 31st December 1830; and also the Report of the said Commissioners."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Adjourn.

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