House of Lords Journal Volume 63: 27 July 1831

Die Mercurii, 27° Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Slane Peerage Com ee to meet.

It was moved, "That the Order made Yesterday, "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, and the Petition of James Stewart Fleming of Belville, in the County of Cavan, in Ireland, Esquire, late a Captain in His Majesty's Army, in relation to the said Claim, stand referred, which stands appointed for To-morrow, be put off to Wednesday the 3d of August next; and that Notice thereof be given to His Majesty's Attorney General for England, and also to His Majesty's Attorney and Solicitor General for Ireland," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the Committee for Privileges, to whom the last-mentioned Petitions stand referred, do meet to consider further of the said Claims To-morrow at Three o'Clock; and that Notice thereof be given to His Majesty's Attorney General for England, and also to His Majesty's Attorney and Solicitor General for Ireland.

Burns & Grier v. Stewart:

The House (according to Order) proceeded to take into further Consideration the Cause wherein John Burns and Robert Grier are Appellants, and Duncan Stewart is Respondent:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel, as well on Wednesday the 20th as on Thursday the 21st Days of this instant July, upon the Petition and Appeal of John Burns of West Machan, and Robert Grier in Raploch, Tacksmen of the Raploch Collieries; complaining of Four Interlocutors of the Lords Ordinary in Scotland, of the 10th February, 12th May and 7th December 1824, and 22d January 1825, in so far as the Charge complained of was not thereby simpliciter suspended; also of Two Interlocutors of the Lord Ordinary, of 12th December 1828 and 3d December 1829; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 5th 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 Duncan Stewart Esquire, Writer 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 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.

Inglis et al. v. Harper.

After hearing Counsel fully in the Cause wherein William Inglis, and others, are Appellants, and James Harper Esquire is Respondent:

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

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

The King's Answer to Addresses.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Addresses of the 14th, 15th and 20th Days of this instant July; and that His Majesty was pleased to receive the same very graciously, and to say, He would give Directions accordingly."

Liverpool Church Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for endowing a Church called Saint Bridgett, in the Parish of Liverpool, in the County Palatine of Lancaster."

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.

Ludlow Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for improving and maintaining the Road from Ludlow, in the County of Salop, through Woofferton and Little Hereford, to Monk's Bridge, in the said County, and also from Ludlow to Orleton, in the County of Hereford."

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.

Watson's Name Bill.

Hodie 2^a vice lecta est Billa, intituled, " An Act to enable Wenman Langham Watson Esquire, and his Issue Male, to take the Surname and use the Arms of Samwell, pursuant to the Will of Sir Thomas Samwell Baronet, deceased."

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.

Stirlingshire Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, " An Act for making and repairing certain Roads leading across the County of Stirling, and other Roads 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.

Rutherglen Railway Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making and maintaining a Railway from Rutherglen Green to Wellshot, in the County of Lanark."

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.

Went (Norton, &c.) Drainage Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for draining and improving certain Low Lands situate within the several Townships of Norton, Campsall, Askrew, Moss, Fenwick, Little Smeaton, Stubbs Walden, Womersley, Whitley, Baln, Pollington, Snaith and Cowick, and Sykehouse, in the several Parishes of Campsall, Womersley, Kellington, Snaith and Fishlake, all in the West Riding of the County of York."

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.

Oswald's Estate Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to exonerate the Trustees of Richard Oswald of Auchincruive, Esquire, for Advances of Money made by them to Richard Alexander Oswald Esquire, now of Auchincruive, and applied in executing Improvements, as well upon the Entailed Estates left by the said Richard Oswald as the Fee-Simple Estates acquired by the said Trustees, and partly entailed by them; and to enable the said Trustees to discharge a Part of the Debts incurred by the said Richard Alexander Oswald in improving the said Estates."

Then several Amendments were made to the said Bill.

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

It was resolved in the Affirmative.

Cameron's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Undivided Moieties of certain Estates of Nathaniel Cameron Esquire and Lætitia Pryce his Wife, in the County of Glamorgan, in Trustees, in Trust to sell, under the Directions of the High Court of Chancery, and to apply the Money to arise from such Sales in the Manner therein mentioned."

Then several Amendments were made to the said Bill.

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

It was resolved in the Affirmative.

Messages to H.C. with the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Sir Giffin Wilson and Mr. Martin;

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

Bolton, &c. Railway Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend and enlarge the several Acts relating to the Bolton and Leigh Railway."

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

It was resolved in the Affirmative.

Yorkshire Fire & Life Insurance Co's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the "Yorkshire Fire and Life Insurance Company" to sue and be sued in the Name of their Secretary or of any One of the Directors of the said Company."

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 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers;

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

Proceedings on East India Judicature Act.

It was moved, "That so much of an Act made in the 26th Year of the Reign of His 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.

Which done;

Ordered, That the Lords Committees aforenamed do 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 the usual Time and Place; 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.

Patison & Blincow v. Allan & Co. et al.

Upon reading the Petition and Appeal of John Patison junior, Writer to the Signet, residing in Edinburgh, Trustee on the Sequestrated Estate of William Blincow and Company, Silk Warehousemen in Edinburgh; and of William Blincow, sole Partner of that Concern, as an Individual; complaining of Two Interlocutors of the Lords of Session in Scotland, of the First Division, of the 22d of January and 10th of February 1831; and praying, "That the same may be reversed, varied or altered, 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 Alexander Allan and Company, and William Allan, Thomas Allan and John Martin, may be required to answer the said Appeal:"

It is Ordered, That the said Alexander Allan and Company, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 24th Day of August next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in Scotland, shall be deemed good Service.

Richardson to enter into a Recogce on Whittet's & Greig's Appeal.

The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Mrs. Jane Whittet or Greig and Alexander Greig her Husband, on account of their Appeal depending in this House, they living in Scotland:"

It is Ordered, That the said John Richardson may enter into a Recognizance for the said Appellants, as desired.

Thompson's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for exchanging Part of the Freehold Estates devised by the Will of Beilby Thompson Esquire for Freehold Lands devised by the Will of Mrs. Dorothy Wilson to Trustees for Charitable Purposes; and for amending and enlarging the Powers of an Act passed in the Third Year of His late Majesty King George the Fourth, intituled, "An Act for empowering Trustees to sell and convey Part of the Freehold and Copyhold Estates in the County of York devised by the Will of Beilby Thompson Esquire, deceased, and Part of the Freehold Estates, in the same County, devised by the Will of Richard Thompson Esquire, deceased, and for laying out the Money arising from such Sales respectively, under the Direction of the High Court of Chancery, in the Purchase of other Estates, to be settled to the same Uses," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

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

Avon, &c. Railway Bill Specially reported.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Bill, intituled, "An Act to alter the Line of the Avon and Gloucestershire Railway, to make certain Branches from the same, and to amend the Act for making the said Railway;" "That the Committee had met, and considered the said Bill; and, in the first place, proceeded to enquire how far the Standing Orders of the House relative to Railway Bills had been complied with, and found that all the said Orders had been complied with; and, in particular, with respect to the Standing Order No. 213, that a Meeting of the Proprietors of the Avon and Gloucestershire Railway Company, for the special Purpose of a Draft of the Bill being submitted to them, was called by Advertizement inserted for Four consecutive Weeks, vizt. on the 28th of March, and 4th, 11th and 18th of April last, in the Cheltenham Journal, for the County of Gloucester, the same being the County in which the Works proposed in the Bill are to be executed, and that such Meeting was fixed for the 27th of April following, being Nine Days after the last Insertion of the said Advertizement; but that it was stated to the Committee by Henry Fowler Cotterell, that he attended at the Place of Meeting on the said 27th of April, but that no Proprietor was present; and that the Committee had gone through the Bill, and directed him to report the same to their Lordships, without any Amendment."

Which Report being read by the Clerk;

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

Leven Drainage Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend and extend the Powers of an Act for recovering, draining and preserving certain Lands; and for better supplying with Water the Mills, Manufactories and other Works situated on the River Leven, in the Counties of Kinross and Fife," 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."

Darlington Road Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for making a Turnpike Road (with a Branch therefrom) from the Angel Inn, near Darlington, in the County of Durham, to Barton Lane End, in the County of York," was committed.

Oaths before The Lord Steward Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to repeal so much of certain Acts as requires certain Oaths to be taken by Members of the House of Commons before The Lord Steward or his Deputies."

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.

Adjourn.

Comes Shaftesbury declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum octavum diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.