House of Lords Journal Volume 63: 4 August 1831

Die Jovis, 4° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Shaftesbury sat Speaker by virtue of a former Commission.

Glendonwyn & Kennedy v. Goldie et al.

The Answer of Alexander Crombie and Xaverina Glendonwyn to the Petition and Appeal of Mrs. Ismene Magdalina Glendonwyn otherwise Scott, Spouse of William Scott Esquire, late of Wimpson and Parton, and of Robert Kennedy, Writer to the Signet, their Tutor ad litem, was this Day brought in.

Dame M. L. Gordon v. Goldie et al.

As was also, The Answer of Alexander Crombie to the Petition and Cross Appeal of Dame Mary Lucy Elizabeth Gordon, Spouse of Sir James Gordon of Gordonstone and Letterfourie, Baronet.

E. of Carrick takes the Oaths.

This Day Somerset Richard Earl of Carrick took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Papers delivered:

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

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

Northern LightHouses:

"Abstract of the Accounts of the Commissioners of the Northern Light Houses, for the Year ending 30th June 1831:"

Expences under Land Tax Redemption Acts:

Also, "A Statement of the Expences incurred under the Acts for the Redemption and Sale of the Land Tax, and for discharging the Incidental Expences attending the Execution of those Acts, from the 5th April 1830 (the Period to which the last Account was made up) to the 5th April 1831:"

Compensation to Macers, Court of Session:

And also, "Copy of Warrant granting Compensation to the Macers, Court of Session, for the Year ending 20th June 1831."

Mr. Tomlins also delivered at the Bar, pursuant to an Order of the 21st Day of July last,

Capsicum imported.

"An Account of the Quantity of Capsicum and Capsicum Pods imported into the Ports of Great Britain for the last Seven Years, distinguishing each Year, and the Amount of Duty paid thereon."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Report from Com ee on Ld. Langford's Claim to vote for Peers for Ireland:

The Earl of Shaftesbury reported from the Lords Committees for Privileges, to whom it was referred to consider of the Petition of The Right Honorable Hercules Langford Lord Baron Langford of Summerhill House, in the County of Meath, in that Part of the United Kingdom called Ireland; praying their Lordships, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted;" "That the Committee had met, and considered the Petition to them referred, and had come to the following Resolution; (vizt.)

"Resolved, That it is the Opinion of this Committee, That Hercules Langford Lord Baron Langford of that Part of the United Kingdom called Ireland hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom."

Which Report, being read by the Clerk, was agreed to by the House.

Resolution that his Lordship hath made out his Claim.

Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That Hercules Langford Lord Baron Langford of that Part of the United Kingdom called Ireland hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom.

Ordered, That the Clerk of the Parliaments do transmit to the Clerk of the Crown in Ireland the said Resolution and Judgment.

Dundee Municipal Government Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for extending the Royalty of the Burgh of Dundee, and for amending the Sett or Municipal Constitution of the said Burgh," 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."

Edinburgh Improvement Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to alter and amend an Act passed in the Seventh and Eighth Year of the Reign of His late Majesty, intituled, "An Act for carrying into Effect certain Improvements within the City of Edinburgh, and adjacent to the same," was committed.

West India Docks Bill.

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

To return the Bill, intituled, "An Act to consolidate and amend the several Acts for making the West India Docks;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

North Shields Road Bill.

A Message was brought from the House of Commons, by Sir Gray Skipwith and others;

With a Bill, intituled, "An Act for more effectually repairing the Road from North Shields, in the County of Northumberland, to the Town of Newcastle upon Tyne, and certain Branches communicating therewith; and also for making and repairing additional Branches of Road;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Birmingham Grammar School Bill.

A Message was brought from the House of Commons, by Sir Gray Skipwith and others;

To return the Bill, intituled, "An Act to enable the Governors of the Possessions, Revenues and Goods of the Free Grammar School of King Edward the Sixth, in Birmingham, in the County of Warwick, to erect a School House, Masters Houses, and other suitable Accommodations for the said School, on a new Site in the Vicinity of the Town of Birmingham, and to extend the Objects of the Charity; and for other Purposes;" and to acquaint this House, That they have agreed to the same, with several Amendments, to which they desire their Lordships Concurrence.

Sunderland & Durham Road Bill.

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

With a Bill, intituled, "An Act for the more effectually repairing and otherwise improving the Road from Sunderland, near the Sea in the County of Durham, to the City of Durham;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Worcester County Hall &c. Bill.

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

To return the Bill, intituled, "An Act for erecting a County Hall and Courts of Justice, and also for pro viding Accommodation for His Majesty's Justices of Assize, in and for the County of Worcester;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Birmingham Grammar School Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act to enable the Governors of the Possessions, Revenues and Goods of the Free Grammar School of King Edward the Sixth, in Birmingham, in the County of Warwick, to erect a School House, Masters Houses, and other suitable Accommodations for the said School, on a new Site in the Vicinity of the Town of Birmingham, and to extend the Objects of the Charity; and for other Purposes."

And the said Amendments, being read Three Times by the Clerk, were agreed to by the House.

And, A Message was sent to the House of Commons, by Mr. Adam and Mr. Roupell, to acquaint them therewith.

Reddie v. Syme, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of David Syme Esquire, Respondent in a Cause depending in this House, to which John Reddie is Appellant; praying, "That their Lordships will be pleased to grant him Leave to lodge his Case:"

It is Ordered, That the said Petition be referred to the Committee 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.

Slane Peerage, Witnesses to attend with Documents.

Ordered, That Charles Panton, or other proper Officer of the Pipe Office, do attend this House on Wednesday next, and do bring with him the Pipe Roll, 31st Henry 2d, in order to its being produced 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 General thereunto annexed; also the Petition of Henry Fleming of the City of Dublin; also the Petition of James Stewart Fleming of Belville, in the County of Cavan, in Ireland, Esquire, late a Captain in His Majesty's Army; and also the Petition of James Fleming of Monkstown, in the County of Dublin, Esquire, in relation to the said Claim, stand referred.

Ordered, That John Bayley, Clerk of the Record Office in the Tower of London, do attend this House on Wednesday next, and do bring with him the Close Roll, 28th Henry 3d, and Inquisition, 11th Edward 4th, in order to their being produced before the last-mentioned Committee.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Le Fevre's Divorce Bill:

The Order of the Day being read for the further Consideration and Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Samuel Le Fevre Esquire with Mary his now Wife, and to enable him to marry again; and for other Purposes;" and for the Lords to be summoned;

Counsel were accordingly called in.

Then Samuel Le Fevre Esquire, the Petitioner for the Bill, was called in, and examined as follows:

"How long have you been married to Mrs. Le Fevre?"

"I was married in the Year 1819."

"Have you any Family?"

"No, not any."

"Upon what Terms of Affection, or otherwise, did you usually live together?"

"On, for above Ten Years, the most affectionate Terms; we were the most affectionate Couple possible."

"When did you first perceive any Alteration in the Conduct of your Wife?"

"Above Nine Months before she left my House."

"Did you perceive the Alteration generally, or on any particular Occasion?"

"No; it was generally."

"Were you acquainted with this Gentleman, Mr. Winnington?"

"Yes, I was."

"Had he visited at your House?"

"He had."

"Did you perceive then that she had formed any Attachment to him?"

"Quite the reverse; I thought she had an Aversion to him."

"Was he intimate with you?"

"He was so far intimate with me, as that he was in the Profession of the Law, and I had employed him in some Law Affairs."

"Did she associate with him in your Absence, as well as when you were there?"

"He was on a Visit to my House in the Year 1829, I think for Three Days; and he was then employed in examining some Family Papers relating to Property to which my Wife had Claim."

"Did any thing occur during that Period to raise your Suspicions that a Connection was going on between them?"

"Nothing in the World."

"When did you first have your Suspicions excited?"

"Not until I was informed of the Circumstance by the Servant Parkman."

"Do you recollect Mrs. Le Fevre going to Town, and taking Lodgings in Villiers Street?"

"Yes; I secured the Lodgings for my Wife, having brought her up to Town."

"And you were there with your Wife?"

"I was."

"What made you leave Town?"

"My Official Duties as Collector of the Customs at Southampton obliged me to leave Town."

"Why did not your Wife go back with you?"

"She was very much indisposed; and her Medical Attendant and her Apothecary had advised me to take her out of Southampton to some other Place, by way of changing the Air."

"Was it for Medical Advice, or for Change of Air, that you brought her to London?"

"For Change of Air."

"Did the Medical Men think that her Health would be better for such a Change of Air as coming from Southampton to London?"

"They recommended Change of Air; and when she was spoken to on the Subject, she said that she would prefer coming to London to any other Place; and both the Medical Gentlemen were asked about it, and they said that they thought that coming to London would be beneficial to her."

"How long was it after Mr. Winnington's Visit to Southampton, which you have stated, that you came to Town with Mrs. Le Fevre?"

"I think it must be about Eight or Nine Months."

"Had they ever met between those Two Times, to your Knowledge?"

"No."

"Do you know whether any Correspondence had passed between them by Letter?"

"Not that I am aware of."

"You stated that you returned by yourself?"

"Yes."

"Do you remember Parkman, the Maid, coming down to you?"

"I do. I did not leave Parkman with Mrs. Le Fevre in London; it was another Servant that had come up with her; Parkman was not with her in the first instance."

"She came up the Second Time?"

"She came up the Second Time."

"Did she come up in consequence of any thing that had happened?"

"She did; because Mrs. Le Fevre wrote to me, saying that she had dismissed the Servant Kelsey, and therefore wanted Parkman in Town."

"Did she say she was ill?"

"No; on the contrary, she said she was somewhat better."

"Did she say that she might probably set off before Parkman arrived?"

"Not at that Period."

"Did you send up Parkman to her?"

"I did."

"When?"

"In the Month of March."

"Did you tell Parkman you had received a Letter from her Mistress?"

"I did."

"Did you tell her that her Mistress was ill?"

"Not on that Occasion."

"When then?"

"Some Time after."

"You sent her up?"

"I did."

"Did she come again to you?"

"She did, on the 6th of April."

"Did she make any Communication to you then?"

"No."

"Did you observe any thing peculiar in her Manner?"

"No."

"Did she throw herself in your Way at all?"

"No; her Conduct was very proper and becoming; and had she acted otherwise, I trust I have too deep a Sense of Moral Feeling to take advantage of it."

"Did you receive any other Letter from Mrs. Le Fevre which made you send Parkman back?"

"Yes, I did. I received a Letter from Mrs. Le Fevre, I think on the 1st of May."

"Did she mention her being ill to you in that Letter?"

"Yes, she did."

"Did you send Parkman to Town, on receiving that Letter?"

"Yes, I did, on that very Day."

"Had you received One Letter or Two?"

"I had received many Letters."

"The Question refers to the Letter in consequence of which you sent Parkman to her Mistress. Was it One Letter or Two?"

"Only One Letter."

"In that Letter Mrs. Le Fevre mentioned the Circumstance of her being ill?"

"Yes."

"Did she also mention that Parkman might possibly meet her on her Way Home?"

"No; she said that she might come Home."

"Did you mention to Parkman that she might perhaps meet her Mistress coming Home?"

"No, certainly not."

"What Instructions did you give Parkman?"

"I told her to pay every Attention to her Mistress."

"Did Parkman return?"

"She did."

"When?"

"On the 6th of May."

"Did she make any Communication to you then?"

"Yes."

"Was that the first you heard on the Subject?"

"It was; I was on the point of packing up my Portmanteau and going up to Town."

Mr. Le Fevre was directed to withdraw.

The Counsel was directed to withdraw.

Bill read 2 a, & committed.

Then the said Bill was read a Second Time.

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.

Polewart Peerage, H. Scott to have the Benefit of former Proofs on this Claim.

It was moved, "That the Petition of Hugh Scott Esquire, of Harden, presented to the House on the 21st Day of July last; praying, "That their Lordships will be pleased to order that the former Proceedings on the Claim of Lady Paterson Anstruther to the Barony of Polwort or Polworth may be revived, and that the Petitioner may have the Benefit of all the Proofs taken before their Lordships House or the Lords Committees for Privileges on such Claim, and all such other Benefit as the Case may allow; and that the Petitioner may be permitted to prove his present Right to the said Barony; and that such early Day may be fixed for hearing the Petitioner's Claim, and receiving his Evidence in support thereof, as to their Lordships may be convenient," be now read."

The same was accordingly read by the Clerk:

And Consideration being had thereof;

Ordered, That the Petitioner may have the Benefit of all the Proofs taken before the Lords Committees for Privileges on the Claim of Lady Paterson Anstruther to the said Barony, as desired.

Chancery Affidavits Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act touching Affidavits in Chancery."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Slavery, Petitions from West India Colonies, & Nevis, against Abolition of, without Indemnification.

Upon reading the Petition of the Inhabitants of His Majesty's West India Colonies, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Planters, Merchants and others of the Island of Nevis, whose Names are thereunto subscribed; severally praying, "That their Lordships will refuse their Sanction to any Measures for the Abolition of Slavery, calculated to infringe the Rights of Private Property in the Colonies, unless the most full and complete Indemnification shall have been previously secured:"

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

Corn Laws, Petitions from Denton & Haughton for Repeal of.

Upon reading the Petition of the Inhabitants of Denton and Haughton, in the Parish of Manchester, in the County Palatine of Lancaster, whose Names are thereunto subscribed; praying their Lordships "to repeal at once the unjust and obnoxious Corn Law:"

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

Library of the House, Select Com ee respecting, appointed.

It was moved, "That a Select Committee be appointed to consider of some Additions to be made to the Library of this House, and of other Matters relating thereto."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the Lords following be appointed a Select Committee, to consider of some Additions to be made to the Library of this House, and of other Matters relating thereto:

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

Overseers of the Poor Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to improve and amend the Nomination of Overseers of the Poor, to define their Powers and Authority, and to make certain Provisions for the better Regulation of Parish Relief;"

Ordered, That the said Bill be read a Second Time on Thursday next.

Coals, &c. Duties Repeal Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to discontinue or alter the Duties of Customs upon Coals, Slates, Cotton Wool, Barilla and Wax;" and for the Lords to be summoned;

The said Bill was accordingly read a Second Time.

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.

Tobacco Growth Prohibition (Ireland) Bill reported:

It was moved, "That the House do now resolve itself into a Committee upon the Bill, intituled, "An Act to repeal an Act of the Nineteenth Year of King George the Third, for repealing so much of several Acts as prohibit the Growth and Produce of Tobacco in Ireland, and to permit the Importation of Tobacco of the Growth and Produce of that Kingdom into Great Britain."

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 directed him to report the same to the House, without any Amendment."

Order for 3 a.

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

Proceedings against D. O'Connell et al. Copy of Records of, Ordered.

The Order of the Day being read for the Lords to be summoned;

It was moved, "That there be laid before this House "A Copy of the Record or Records of the Proceedings in the Court of King's Bench in Ireland against Daniel O'Connell Esquire, and against Daniel O'Connell Esquire and others in the Court of King's Bench in Ireland, together with the Date and respective Dates of such Record or Records."

The same was agreed to, and Ordered accordingly.

Union of Parishes, &c. (Ireland) Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to amend an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, intituled, "An Act to consolidate and amend the Laws in force in Ireland for Unions and Divisions of Parishes, and for uniting or disappropriating Appropriate Parishes or Parts of Parishes; and to make further Provision with respect to erecting Chapels of Ease, and making Perpetual Cures;"

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.

Attorneys' Certificate Duty, Petition of Procurators, Sheriff Court, Berwickshire, for Repeal of.

Upon reading the Petition of the Procurators before the Sheriff Court of Berwickshire, Scotland, whose Names are thereunto subscribed; praying their Lordships "to grant them Relief by repealing the Attorneys Certificate Duty imposed by Statute 55 George the 3d, C. 184:"

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

Court of Exchequer (Scotland) Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for making Provision for the Dispatch of the Business now done by the Court of Exchequer in Scotland;"

The said Bill was accordingly read a Second Time.

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.

Bankruptcy Court Bill.

Ordered, That the Bill, intituled, "An Act to establish a Court in Bankruptcy," be read a Second Time To-morrow.

Adjourn.

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