House of Lords Journal Volume 63: 15 September 1831

Die Jovis, 15 °Septembris 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

J. & E. Kibble v. Stevenson et al.

The Answer of John Stevenson, Robert Stevenson, Janet Stevenson or M'Nair, and Robert M'Nair junior, her Husband, for his Interest, and Janet Johnston, to the Petition and Appeal of Janet and Elizabeth Kibble, was this Day brought in.

Mac Millan et al. v. Campbell et al.

As was also, The Answer of Charles Campbell, and David Campbell and Francis Campbell, and the said Charles Campbell as their Administrator in Law; Susanna Campbell and Robert Campbell, Donald Campbell and Isabella Lucy Campbell, and the said Robert Campbell as their Administrator in Law, to the Petition and Appeal of Thomas Mac Millan, Writer to the Signet in Edinburgh, Robert Downie Esquire, of Appin, Charles Campbell Stewart, Writer to the Signet in Edinburgh, George Macdougall, Writer in Edinburgh, William Smith, Teacher in Edinburgh, Francis, James and Walter Marshall, Jewellers in Edinburgh, all Creditors of Charles Campbell Esquire, of Combie; and Claud Russell and Thomas Mansfield, Accountants in Edinburgh, Trustees for the foresaid Parties and the other Creditors of the said Charles Campbell.

Ker & Johnston v. Bell et al.

After hearing Counsel further in the Cause wherein James Ker and Henry Johnston Esquires are Appellants, and John Bell, and others, are Respondents:

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

Graham v. Shand et al:

Counsel (according to Order) were called in to be heard in the Cause wherein Barron Graham Esquire is Appellant, and William Shand, and others, are Respondents:

And Notice being taken by the House, that the Name of Doctor Lushington was affixed to the Appellant's Case, and that he appeared for the Respondents;

Mr. Poole, the Agent for the Appellant, was called in; and, being interrogated, stated, "That he could not explain why Dr. Lushington's Name was so affixed, as the Case was printed in Scotland, and transmitted to him by Mr. John James Fraser, the Appellant's Agent in Edinburgh."

The Counsel and Agent were directed to withdraw.

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

J. J. Fraser to attend.

Ordered, That Mr. John James Fraser do attend this House, or forthwith send to the Clerk Assistant of this House the Original Authority upon which he affixed the Name of Dr. Lushington to the Appellant's Case.

Scott v. Yuille et al:

After hearing Counsel this Day upon the Petition and Appeal of Miss Elizabeth Scott, residing at Woodbank, in the County of Dumbarton; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 27th of November 1827; also of an Interlocutor of the Lord Ordinary there, of 24th February 1829; and also of Two Interlocutors of the said Lords of Session, of the 9th and 13th of February 1830; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the joint and several Answers of Mrs. Ann Cross, residing in Glasgow, Relict of the deceased Robert Yuille, Merchant there; James Ewing, William Mathieson and James William Alston, Merchants in Glasgow; John Cross Buchanan of Auchintoshan, in the County of Dumbarton; Neill Cross, Writer in Glasgow; George Yuille Shortridge, Merchant there; and Andrew Buchanan Yuille, Writer there, accepting Trustees and Executors of the late Robert Yuille, Merchant in Glasgow, the former Respondent, put in to the said Appeal; and due Consideration had 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.

Marqss of Breadalbane introduced.

John Earl of Breadalbane, being, by Letters Patent bearing Date the 12th Day of September, in the Second Year of the Reign of His present Majesty, created Marquess of Breadalbane, with Remainder to the Heirs Male of his Body, was (in his Robes) introduced between The Marquess of Lansdowne (Lord President) and The Marquess of Winchester, (also in their Robes,) the Yeoman Usher of the Black Rod and Garter King of Arms preceding: His Lordship, on his Knee, presented his Patent to The Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (viz ^t.)

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and entirely-beloved Cousin John Marquess of Breadalbane, Greeting: Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our United Kingdom of Great Britain and Ireland, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself at Westminster, the Twelfth Day of September, in the Second Year of Our Reign.

"Bathurst."

Then his Lordship, at the Table, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the upper End of the Earls Bench.

E. of Lichfield introduced.

Thomas William Viscount Anson, being, by Letters Patent bearing Date the 15th Day of September, in the Second Year of the Reign of His present Majesty, created Earl of Lichfield, in the County of Stafford, with Remainder to the Heirs Male of his Body, was (in his Robes) introduced between The Earl of Chesterfield and The Earl of Gosford, (also in their Robes,) the Yeoman Usher of the Black Rod and Garter King of Arms preceding: His Lordship, on his Knee, presented his Patent to The Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (viz ^t.)

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and right well-beloved Cousin Thomas William Earl of Lichfield, in Our County of Stafford, Greeting: Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our United Kingdom of Great Britain and Ireland, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself at Westminster, the Fifteenth Day of September, in the Second Year of Our Reign.

"Bathurst."

Then his Lordship, at the Table, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Earls Bench.

Ld. De Saumarez introduced.

Sir James Saumarez Baronet, being, by Letters Patent bearing Date the 15th Day of September, in the Second Year of the Reign of His present Majesty, created Baron De Saumarez, in the Island of Guernsey, with Remainder to the Heirs Male of his Body, was (in his Robes) introduced between The Lord Byron and The Lord Colville of Culross, (also in their Robes,) the Yeoman Usher of the Black Rod and Garter King of Arms preceding: His Lordship, on his Knee, presented his Patent to The Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (viz ^t.)

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and wellbeloved James Saumarez de Saumarez, in Our Island of Guernsey, Chevalier, Greeting: Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our United Kingdom of Great Britain and Ireland, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself at Westminster, the Fifteenth Day of September, in the Second Year of Our Reign.

"Bathurst."

Then his Lordship, at the Table, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.

Ld. Cloncurry introduced.

Valentine Browne Lord Cloncurry, of that Part of the United Kingdom called Ireland, being, by Letters Patent bearing Date the 14th Day of September, in the Second Year of the Reign of His present Majesty, created a Baron of the United Kingdom by the Title of Baron Cloncurry of Cloncurry, in the County of Kildare, with Remainder to the Heirs Male of his Body, was (in his Robes) introduced between The Lord Clements and The Lord Kenlis, (also in their Robes,) the Yeoman Usher of the Black Rod and Garter King of Arms preceding: His Lordship, on his Knee, presented his Patent to The Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table.

His Writ of Summons was also read as follows; (viz ^t.)

William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and wellbeloved Councillor Valentine Browne Lawless of Cloncurry, in Our County of Kildare, Chevalier, Greeting: Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our United Kingdom of Great Britain and Ireland, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself at Westminster, the Fourteenth Day of September, in the Second Year of Our Reign.

"Bathurst."

Then his Lordship, at the Table, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.

E. of Thanet takes the Oaths.

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

Houston & Griffiths v. Hughes et al:

The House proceeded to take into further Consideration the Cause wherein Elizabeth Houston and Charlotte Griffiths are Appellants, and Henry Allwright Hughes, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Tuesday the 19th Day of April as on Monday the 27th Day of June last, upon the Petition and Appeal of Elizabeth Houston and Charlotte Griffiths; complaining of a Decree of the Court of Chancery, of the 4th of December 1828, made in Five certain Causes; in the First of which Elizabeth Houston and Charlotte Griffiths were Plaintiffs, and Henry Alwright Hughes, Charles Dowding, Elizabeth Charlotte Strong, Elinor Beresford Strong, Ann Strong, Susanna Strong, Charlotte Sarah Strong, Nicholson Peyton, Eliza Peyton, Charlotte Lea Peyton, Reynolds Peyton, Thomas Griffith Peyton, Henry Peyton and Francis Peyton, Defendants; in the Second, Elizabeth Houston and Charlotte Griffiths were Plaintiffs, and Thomas Lesingham Defendant; in the Third, Elizabeth Houston and Charlotte Griffiths were Plaintiffs, and William Peyton and Elizabeth Peyton Defendants; in the Fourth, Elizabeth Houston and Charlotte Griffiths were Plaintiffs, and Anna Maria Smith Defendant; and in the last, Elizabeth Houston and Charlotte Griffiths were Plaintiffs, and Eliza Berry Peyton Defendant, by original and amended Bill, and Bills of Supplement and Bill of Revivor; and praying, "That the same might be reversed in so far as it declares that the Petitioners take only Life Estates in the Real and Personal Estates of the Testator, from the Time of his Death; 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 joint and several Answers of Nicholson Peyton, Eliza Peyton, Charlotte Lea Peyton, Reynolds Peyton, Thomas Griffith Peyton, Henry Peyton, Francis Peyton, William Peyton, Elizabeth Peyton and Eliza Berry Peyton; also the joint and several Answers of Elizabeth Charlotte Strong, now Wife of Nicholas Ogle D'Ollier, Elinor Beresford Strong, Ann Strong, now the Wife of Robert Gregg, Susannah Strong and Charlotte Sarah Strong; also the Answer of Henry Allwright Hughes, Charles Dowding and Anna Maria Smith; and also upon the Answer of Thomas Lesingham, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Decree 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 Decree therein complained of, be, and the same is hereby Affirmed.

Hackney Coaches Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend the Laws relating to Hackney Carriages, and to Waggons, Carts and Drays, used in the Metropolis; and to place the Collection of the Duties on Hackney Carriages and on Hawkers and Pedlars in England under the Commissioners of Stamps."

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

It was resolved in the Affirmative.

Land Tax Double Assessments Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend Two Acts of the Thirty-fourth and Thirty-eighth Years of His Majesty King George the Third, so far as the same relate to Double Assessments of the Land Tax."

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

It was resolved in the Affirmative.

St. Albans Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually improving the Road from the Pondyards, in the County of Hertford, to the Town of Chipping Barnet, in the same County."

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 3 preceding Bills.

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

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

6th Report from Appeal Comee.

The Earl of Shaftesbury reported from the Lords Committees 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; and to report to the House; and to whom were referred certain Petitions in the following Causes; Taylor against Sir William Cunningham Fairlie and others; Bryden and others against Bryden; Booth and another against Booth or Black and another; Hunter against Gardner; Sir Robert Williams Vaughan Baronet against The Right Honorable Lady Charlotte Sophia Baillie Hamilton and others; Kebble against Stevenson and others; and Mac Millan and others against Campbell and others; "That the Committee had met, and considered the Appellant's Petition in the Cause Taylor against Sir William Cunningham Fairlie and others, praying their Lordships, that the Appeal may be revived, and that he may have Leave to lodge his Appeal Cases accordingly; and had heard the Agents thereon, and the Committee are of Opinion, That the said Appeal may be restored, and that the Petitioner may be allowed to deliver in his printed Case in a Week: That the Committee had also considered the Appellants Petition in the Cause Bryden and others against Bryden, praying their Lordships for an Indulgence of a Fortnight or Three Weeks additional Time to lodge their Case; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may be allowed Three Weeks further Time to deliver in their printed Case: And that the Committee had also considered the Respondents Petition in the Causes Booth and another against Booth or Black and another, Sir Robert Williams Vaughan Baronet against The Right Honorable Lady Charlotte Sophia Baillie Hamilton and others, Kebble against Stevenson and others, and Mac Millan and others against Campbell and others, and the Petition of Charles Arnott, Agent for the Respondent in the Cause Hunter against Gardner, severally praying their Lordships for Leave to lodge their printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may respectively be allowed now to deliver in their printed Cases."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

Taylor v. Sir W. C. Fairlie et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Taylor is Appellant, and Sir William Cunningham Fairlie, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Annandale Peerage, J. J. H. Johnstone Leave to lodge an additional Case.

Upon reading the Petition of John James Hope Johnstone of Annandale, Esquire, claiming the Titles, Honors and Dignities of Earl of Annandale and Hartfell, Viscount Annan and Lord Johnstone; praying, "That their Lordships will be pleased to permit him to lodge an additional Case touching the Points of Law arising out of this Claim, he furnishing Copies thereof to His Majesty's Counsel:"

It is Ordered, That the Petitioner be at liberty to lodge such additional Case, as desired.

Coal Meters, Dublin, Petition of Corporation of Cutlers, &c. Dublin, for Compensation to.

Upon reading the Petition of the Corporation of Cutlers, Painters, Stainers and Stationers, or Guild of Saint Luke, Dublin, under their Common Seal; praying, "That their Lordships will feel with the Petitioners that Humanity and Justice entitle those faithful Servants to both the Crown and the Public, the Coal Meters of Dublin, to a suitable Compensation equivalent to the Loss of Office in the Event of the intended Measure for repealing all Imposts on Coal imported into Dublin becoming a Law; or otherwise provide for them, as to their Lordships may seem meet, by upholding them and their Families from Want:"

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

Dillon v. Sir W. Parker.

It was moved, "That the Order made on Monday last, "That the Cause wherein John Joseph Dillon Esquire is Appellant, and Sir William Parker Baronet is Respondent, be further heard by Counsel at the Bar on Friday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Steam Vessels, Petition from Beaumaris, &c. for Regulation of.

Upon reading the Petition of the Gentry, Clergy and Inhabitants of, Residents in and Visitors at Beaumaris, in the County of Anglesey, and of Carnarvon, Bangor and Conway, in the County of Carnarvon, and the Vicinities thereof, whose Names are thereunto subscribed; taking notice of the Wreck of the Steam Vessel called the Rothsay Castle," plying between Liverpool and Beaumaris; and praying their Lordships, "as the Means of providing against a like Recurrence, that no Steam Vessel may hereafter be permitted to carry Passengers without being first duly licensed, such Licence to be renewed periodically; and that no Licence may be granted or renewed except upon the Certificate of a Person appointed for that Purpose, of the Seaworthiness and proper Appointment of the Vessel, and of the general good Conduct and Capacity of the Captain who is to command her:"

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

Beer Act, Petitions respecting: (G. Crucefix, &c:)

Upon reading the Petition of Garton Crucefix of No. 31, Bishopsgate Street Without, in the City of London, Joseph Dykes of the Vine, Mile End Road, in the County of Middlesex, and James Saunders of No. 32, Newgate Street, in the said City of London; praying, "That their Lordships, so far from introducing any new Clause in the Act for amending the Act for permitting the general Sale of Beer by Retail, for further Restrictions on the Retailers of Beer, will so revise the old ones as to relieve the Petitioners from their injurious Situation, to let them have the Benefit of a Law equal on all Persons concerned in the Beer Trade, and the same Hours for doing Business, subject to the like Fines and Penalties; thus putting them on the same Footing, with respect to Malt Liquor, as the Licensed Victuallers:"

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

Mile End Road:

Upon reading the Petition of the Inhabitant Householders and others, whose Names are thereunto subscribed, on behalf of Joseph Dyke of Mile End Road, in the County of Middlesex, Licensed Retailer of Beer; praying, "That their Lordships will take the Situation of the Licensed Retailers of Beer under the Act for permitting the general Sale of that Article into Consideration, and make such Alterations therein as will secure to the Petitioners an equal and impartial Law; and by giving them the same Privilege, as Traders in Beer, which others engaged in vending that essential Beverage have so long enjoyed, continue to the Petitioners the Advantage of being enabled to procure the Product of pure Malt and Hops, free from the Adulteration hitherto so generally prevalent:"

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

J. Yarham.

Upon reading the Petition of John Yarham of Hounsditch, in the City of London; praying, "That their Lordships will take into their Consideration the Situation in which he, in common with all other Licensed Retailers of Beer under the Act for permitting the general Sale of that Article, is placed, and yield to him that Boon which as a British Free-born Subject he has a Right to expect, the Benefit of participating in One just, impartial and equal Law for all Dealers in Ale and Beer:"

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

Owen's Estate Bill.

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

To return the Bill, intituled, "An Act for vesting in Trustees a legal Estate, which on the Death of Joseph Crewe escheated to His Majesty and The Lord Bishop of Bangor, in an Undivided Third Part of certain Hereditaments in the County of Denbigh, in order to effect a Partition directed by the Court of Chancery;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Flathmann's Naturalization Bill.

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

To return the Bill, intituled, "An Act for naturalizing Herman Hinrich Flathmann;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Beer Act Amendment Bill.

The Order of the Day being read for taking into further Consideration the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to amend an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;" and for the Lords to be summoned;

Ordered, That the said Order be discharged.

It was moved, "That the said Bill be now re-committed to a Committee of the Whole House."

The Question was put thereupon?

It was resolved in the Affirmative.

Then the House was adjourned during Pleasure, and again 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.

Mackenzie v. Macartney.

After hearing Counsel, in Part, in the Cause wherein Murdo Mackenzie Esquire is Appellant, and Alexander Macartney Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off 'till To-morrow, Ten o'Clock.

J. & W. Dixon v. The Monkland Navigation Co. et e con.

Ordered, That the Hearing of the Cause wherein John and William Dixon Esquires are Appellants, and The Monkland Navigation Company are Respondents, et e contra, which stands appointed for this Day, be put off 'till To-morrow.

Adjourn.

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