House of Lords Journal Volume 63: 17 March 1831

Die Jovis, 17° Martii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Magistrates, &c. of Dundee et al. v. Kay & Morton:

After hearing Counsel this Day upon the amended Petition and Appeal of the Magistrates and Town Council of the Royal Burgh of Dundee, for themselves and in Name and on behoof of the Corporation of the said Burgh; and of Alexander Balfour Esquire, and Messieurs Thomas Bell, John Symers, Andrew Brown, William Lindsay, Patrick Whitson, George Thoms, Alexander Reid, David Miln, Patrick Anderson, David Blair, George Symers, John Sturrock, James Brown, Alexander Meldrum, George Gardiner, Kinnaird Brown, Peter Thomson, Thomas Small, David Borrie senior, George Rough junior, William Lowden, James Smith junior, William Young and Alexander Crichton, who are the surviving Magistrates and other Members of Council and Deacons of Crafts elected at Michaelmas Eighteen hundred and twenty-seven, for the Year ensuing; and of Thomas Bell Esquire, and Messieurs Patrick Whitson, George Thomas, Alexander Reid, James Brown, William Lindsay, Alexander Balfour, John Symers, Andrew Brown, David Baxter, David Blair, John Sturrock, Patrick Anderson, David Miln, James Soot, John Blair Miller, Robert Gray, James Small junior, James Gellatly, George Rough, Roderick Harris, William Thomson, David Hill, James Taws, John Young, Alexander Crichton, William Young and James Thomson, the surviving Magistrates and other Members of Council and Deacons of Crafts who were elected at Michaelmas Eighteen hundred and twenty-eight, for the Year ensuing; and of Thomas Bell Esquire, and Messieurs John Calman, James Smith, James Soot, John Blair Miller, William Hackney, Patrick Whitson, George Thoms, Alexander Reid, James Brown, William Lindsay, Patrick Anderson, David Miln, David Blair, Alexander Balfour, John Sturrock, Alexander Meldrum, James Thomson, Peter Thomson, George Rough junior, Roderick Harris, William Thomson, David Hill, John Young, James Taws, Alexander Crichton, William Young, Alexander Watson and John Fullerton, the surviving Magistrates and other Members of Council and Deacons of Crafts who were elected at Michaelmas Eighteen hundred and twenty-nine, for the Year ensuing; and of Alexander Balfour Esquire, and Messieurs Patrick Whitson, George Thoms, James Brown, John Sturrock, William Hackney, Thomas Bell, John Calman, James Soot, John Blair Miller, David Baxter, David Blair, Alexander Meldrum, Patrick Anderson, John Symers, David Miln, Andrew Brown, John Gray, James Reid, James Thomson, George Rough, Roderick Harris, David Borrie junior, David Hill, John Young, Andrew Dempster, Alexander Crichton, James Miller, Alexander Watson and John Fullarton, the Magistrates and other Members of Council and Deacons of Crafts who were elected at Michaelmas Eighteen hundred and thirty, for the Year ensuing; complaining of Three Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 31st of May and 9th of July 1828, and the 9th (signed the 10th) of March 1830; 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 John Mackenzie Lindsay Merchant, Burgess and Guild Brother of the Royal Burgh of Dundee, put in to the said Appeal; and due Consideration had of what what was offered on either Side in this Cause:

Interlocutors Affirmed.

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.

E. of Strathmore v. Dundas et al.

After hearing Counsel further in the Cause wherein Thomas Bowes Earl of Strathmore is Appellant, and James Dundas, and others, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Wednesday next, Ten o'Clock.

Lady M. Montgomerie & Sir C. Lamb v. Rundell & Co. et al. et e con.

Ordered, That the further Hearing of the Cause wherein The Right Honorable Lady Mary Montgomerie and Sir Charles Lamb Baronet her Husband are Appellants, and Messieurs Rundell and Company, and others, are Respondents, et e contra, which stands appointed for Monday next, be put off to Friday the 25th of this instant March.

Canadian Revenues Bill.

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

With a Bill, intituled, "An Act to amend an Act of the Fourteenth Year of His Majesty King George the Third, for establishing a Fund towards defraying the Charges of the Administration of Justice and Support of the Civil Government within the Province of Quebec, in America;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Canada Lands Bill.

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

To return the Bill, intituled, "An Act to explain and amend the Laws relating to Lands holden in Free and Common Soccage in the Province of Lower Canada;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Reform of Parliament, Petitions in favor of:

Upon reading the Petition of the Inhabitants of West Lavington and its Vicinity, in the County of Wilts, whose Names are thereunto subscribed:

(West Lavington:) Market Lavington:

And also, Upon reading the Petition of the Inhabitants of Market Lavington and its Vicinity, in the County of Wilts, whose Names are thereunto subscribed; severally praying their Lordships "immediately to adopt such Measures as shall be deemed best for bettering the Representative System, so that the House of Commons may be a fair and real Representation of the People of the United Kingdom:"

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

Ramsgate:

Upon reading the Petition of the Freeholders and rated Inhabitants of the Town of Ramsgate, in the Isle of Thanet and County of Kent, whose Names are thereunto subscribed:

J. Sparrow:

And also, Upon reading the Petition of Joseph Sparrow, of No. 14, Angel Court, Throgmorton Street, near the Bank of England, in the City of London, a Freeman and One of the Livery of the said City of upwards of Twenty Years standing; severally praying their Lordships, "That the Measure of Reform in the Representation of the People in the Commons House of Parliament, proposed by His Majesty's Ministers, may pass into a Law:"

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

Old Brentford, &c:

Upon reading the Petition of the Inhabitants of Old and New Brentford and Ealing, in the County of Middlesex, whose Names are thereunto subscribed; praying their Lordships "to remedy the long-existing Abuses in the Election of Members of Parliament, to satisfy the anxious Wishes and just Claims of the People, and to unite all Classes in the Support of the Constitution, by passing the Measure of Reform in the Representation of the People in the Commons House of Parliament, proposed by His Majesty's Ministers, into a Law:"

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

Banff.

Upon reading the Petition of the Burgesses, Freemen and Inhabitants of the Royal Burgh of Banff, whose Names are thereunto subscribed; praying their Lordships, That the Elective Franchise throughout the Burghs of Scotland may be widely extended; and that the Right of voting in the Election of their Magistrates, as well as in all Matters connected therewith, throughout the Royal Burghs of Scotland, may be conferred upon and thrown open to the Burgesses and Inhabitants generally in such Way and Manner as to their Lordships may appear just and proper:"

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

Beer Act, Petition from Hailsham respecting.

Upon reading the Petition of the Minister, Churchwardens and Inhabitants of the Parish of Hailsham, in the County of Sussex, whose Names are thereunto subscribed; praying their Lordships "to repeal so much of the present Beer Bill as allows Beer to be drank on the Premises drawn thereon:"

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

New Churches, Petitions from Bristol & Kingston upon Hull respecting.

Upon reading the Petition of the Clergy, Incumbents of Livings and others in the City of Bristol and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to pass an Act to enable any Individual, or Body of Men who shall unite for the Purpose, to build and endow a new Church, and to hold the perpetual Presentation thereof, after it has been consecrated by the Bishop, without requiring the Consent of the Diocesan, the Patron or the Incumbent of the Parish Church:"

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

Upon reading the Petition of the Clergymen of the Town and Neighbourhood of Kingston upon Hull, whose Names are thereunto subscribed; praying, "That their Lordships would be pleased to pass an Act to enable any Individual, or Company of Individuals uniting for the Purpose, to build a new Church in any Place needing such Accommodation, without any of those Restrictions as to Consent and Patronage which at present obstruct such Undertakings:"

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

Haslemere Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually amending and widening the Road from a Place near the Village of Milford, in the County of Surrey, through Haslemere, to the Forty-third Mile Stone at Carpenter's Heath, and from thence to a Bridge, near the Blue Bell Inn, over Houndley's Water, at the Boundary of the said County of Surrey."

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

It was resolved in the Affirmative.

Leeds & Birstal Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending and maintaining the Turnpike Road from and out of the Road leading from Quebec, in Leeds, to Homefield Lane End, in Wortley, to communicate with the Road leading from Huddersfield to Birstol at the Coach and Horses Public House in Bristol, in the West Riding of the County of York."

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

It was resolved in the Affirmative.

Norwich & North Walsham Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road from the City of Norwich to North Walsham, in the County of Norfolk."

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

It was resolved in the Affirmative.

Stafford, &c. Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending and maintaining the Roads from Stafford to Sandon, in the County of Stafford, and from Stafford, through Bridgford and Eccleshall, to Ireland's Cross near Woore, in the County of Salop, and from Bridgford aforesaid to the Stone which divides the Liberty of Ranton and Ellenhall in the Road between Bridgford and Newport, and from the Village of Knighton to the Turnpike Road leading from Stone to Woore aforesaid."

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

It was resolved in the Affirmative.

Stone Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending and improving the Road from the Town of Stone to Gaol Gate in the Borough of Stafford, and from Green Gate in the said Borough, through Dunston and Penkridge, to Streetway Road, in the Road leading to Wolverhampton, in the County of Stafford."

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

It was resolved in the Affirmative.

Hilgay Drainage Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually draining certain Fen Lands and Wet Grounds called the Great West Fen, in the Parish of Hilgay, in the County of Norfolk."

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

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 6 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Cross and Mr. Wingfield;

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

Mrs. Turton's Divorce Bill, Witnesses to atend.

Ordered, That William Russell M. D., Ambrose Castle, Lewis Price, Mary Hamer, and Frederick Waller do attend this House on Wednesday the 30th of this instant March, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned."

Stopham Bridge Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing the Road from Stopham Bridge, in the Parish of Pulborough, to the Direction Post in the Parish of Steyning on the Turnpike Road leading from Steyning to Horsham, in the County of Sussex," 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."

Cameron's et Ux. Petition referred to Judges.

Upon reading the Petition of Nathaniel Cameron and Lætitia Pryce his Wife, on behalf of themselves and their infant Children; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Garrow and Mr. Justice Bosanquet, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Preece's et al. Petition referred to Judges.

Upon reading the Petition of William Preece of Leominster, in the County of Hereford, Esquire, and of the Dean and Canons of Windsor, under their Chapter or Common Seal; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Littledale and Mr. Baron Bolland, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Isherwood's et al. Petition referred to Judges.

Upon reading the Petition of John Isherwood of Marple Hall, within Marple, in the County of Chester, Esquire, and Elizabeth his Wife, for and on behalf of themselves and of Thomas Bradshaw Isherwood their infant and only Son; and also of Elizabeth Salvin, Margaret Salvin, Mary Salvin and Caroline Salvin, all of the Parish of Saint Mary-le-Bow, in the City of Durham, Spinsters; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Gaselee and Mr. Justice James Parke, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

L dWilloughby de Eresby et al. Petition referred to Judges.

Upon reading the Petition of The Right Honorable Peter Robert Drummond Lord Willoughby de Eresby, on behalf of himself and his infant Son, and such other Sons as he may hereafter have; of The Honorable Merrik Lindsey Peter Burrell, on behalf of himself and his infant Sons and Daughters, and such other Sons and Daughters as he may hereafter have; and of The Honorable Wiliam Peregrine Peter Burrell, on behalf of himself and such Sons as he may hereafter have; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to The Lord Chief Justice of the Court of Common Pleas and Mr. Baron Vaughan, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Count D'Orsay's et Ux. Petition referred to Judges in Ireland.

Uon reading the Petition of Gaspard Gabriel Gillion Alfred Count D'Orsay of Saint James's Street, in the County of Middlesex, a free Denizen and liege Subject of this Realm, and The Right Honorable Harriet Anne Jane Frances Countess D'Orsay his Wife, who is at present a Minor of the Age of Eighteen Years or thereabouts; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to The Lord Chief Justice of the Court of King's Bench in Ireland and Mr. Justice Torrens in Ireland, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Churches Building Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to amend and render more effectual an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty, intituled, "An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes;" and for the Lords to be summoned;

The said Bill was accordingly read the Third Time.

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 the former Messengers;

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

Londonderry Corporation Funds, Petition of Chamber of Commerce of Londonderry respecting.

Upon reading the Petition of the Merchants, Traders and Ship Owners, Members of the Chamber of Commerce of the City of Londonderry, whose Names are thereunto subscribed; praying their Lordships, "That so much of the Act of 54th George 3d, c. 230, as granted to the Corporation of this City additional Tolls upon the Bridge over the River Foyle, be repealed, inasmuch as said Tolls should never have been granted, and more especially as the Corporation have not fulfilled to the Public any of the Conditions upon which said Tolls were granted: That so much of the Act 40 Geo. 3d, c. 41, as grants to said Corporation additional Tolls, be also repealed, thereby reducing the Rate of Tolls to that granted in 1790, inasmuch as no Consideration was received by the Public for any of the additional Tolls since granted: That the additional Tolls received by the Corporation since 1814, which ought to have been funded, be made available for a still farther Reduction of said Tolls, or appropriated to a Fund for extinguishing said Tolls altogether; and that, as it is impossible for the BallastOffice Committee (its Members being removable annually by the Corporation) to sue that Body at Law for the Sums abstracted from the Ballast Office, their Lordships will grant to Petitioners such Relief as they may deem right, by referring the Accounts to the Commissioners for auditing Public Accounts, and by enforcing Repayment from the Corporation of Petitioners Demand, with Interest, so far as Petitioners shall prove to the said Commissioners that the Funds have been improperly applied by the Corporation:"

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

Sugar produced by Free Labour, Petition from Newtownards to take off Duty on.

Upon reading the Petition of the Inhabitants of Newtownards, whose Names are thereunto subscribed; praying their Lordships "to take off the Duties now levied upon all Sugar imported from British Colonies and other Places where it is produced by Free Labourers, protecting Sugar produced by Slaves; and to remove all other Impediments to its free Introduction into Great Britain and Ireland:"

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

Lieut. T. Woodcock reprimanded & discharged.

The Order of the Day being read for the Attendance of Lieutenant Thomas Woodcock;

The Yeoman Usher of the Black Rod acquainted the House, "That the said Lieutenant Thomas Woodcock was attending, pursuant to the Order of this House of the 3d Day of this instant March:"

Whereupon,

Ordered, That the said Lieutenant Thomas Woodcock be called in.

And he being called in accordingly;

The Letter complained of on the 3d Day of this instant March was shewn to him; and he was informed, That Complaint had been made of the said Letter having been addressed to a Member of this House, containing a Breach of the Privilege of this House; and he was asked if that Letter was written by him, and sent to The Lord Farnham; and he said it was.

Then the said Letter was read by the Clerk.

Then the said Lieutenant Thomas Woodcock, being asked if he had any thing to state to the House in Justification or Extenuation of the said Letter by him written, and sent to a Member of this House; he said he should not presume to justify the Act, because it admitted of no Justification whatever; that he considered that his Character was impugned, and he wrote under the Irritation of the Moment; but when he saw his Error, he wrote to the Noble Lord, and apologized to him, which he humbly did to all their Lordships present, and threw himself upon their Lordships Clemency.

He was directed to withdraw.

Resolved, Nemine Dissentiente, That the said Letter is a Breach of the Privileges of this House.

Resolved, Nemine Dissentiente, That the said Lieutenant Thomas Woodcock, for his said Offence in addressing and sending the said Letter to a Member of this House, be reprimanded by The Lord Chancellor, and be discharged from further Attendance.

Whereupon the said Lieutenant Thomas Woodcock was again called in, and was reprimanded by The Lord Chancellor accordingly, and discharged from further Attendance.

Warburton v. Loveland, in Error.

Ordered, That the Errors assigned upon the Writ of Error wherein Elizabeth Warburton is Plaintiff, and James Loveland, Lessee of George Ivie and others, is Defendant, be further argued by One Counsel of a Side, at the Bar, on Wednesday the 13th of April next; and that the Judges do then attend.

Wakefield Road Bill.

A Message was brought from the House of Commons, by Sir John Lowther and others;

With a Bill, intituled, "An Act for repairing and maintaining the Road from Wakefield to Aberford, in the County of York;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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