House of Lords Journal Volume 64: 11 July 1832

Die Mercurii, 11° Julii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

A. & J. Dixon v. Dixon et al.

After hearing Counsel further in the Cause wherein Anthony Dixon Esquire and Joseph Dixon Esquire are Appellants, and William Dixon, and others, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Monday the 23d of this instant July.

Mrs. Moffat's Divorce Bill.

It was moved, "That the Order made on the 2d of this instant July, "That the Bill, intituled, "An Act to dissolve the Marriage of Frances Moffat with William Palmer Moffat Esquire, and to enable her to marry again," be read a Second Time on Thursday the 12th of this instant July; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Monday next; and that the Lords be summoned.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, The Lord Chancellor in the Middle, with The Lord President on his Right Hand, and The Earl of Shaftesbury on his Left; commanded the Yeoman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons,

His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

Then the said Commission was read by the Clerk as follows; (vizt.)

"William R.

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 the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas in Our said Parliament divers and sundry Acts have been agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act for abolishing the Punishment of Death in certain Cases, and substituting a lesser Punishment in lieu thereof:" "An Act to enable Peers of Scotland to take and subscribe in Ireland the Oaths required for qualifying them to vote in any Election of the Peers of Scotland:" "An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs, in England and Wales, in so far as respects the Election of Members to serve in Parliament:" "An Act to render more effectual an Act passed in the Fifty-ninth Year of His late Majesty King George the Third, intituled, "An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes:" "An Act for establishing a General Cemetery for the Interment of the Dead in the Neighbourhood of the Metropolis:" "An Act for consolidating the several Shares of the Proprietors of the Gloucester and Berkeley Canal Company, and for converting the Interests of the several Parties holding Debentures, Annuities and Optional Notes into Shares; and for altering and enlarging the Powers of the several Acts passed for making and maintaining the said Canal:" "An Act to vest a Part of the Entailed Estate of Saltoun and others, in the County of Haddington, in Trustees, to sell the same, and apply the Price thereof, or the Securities to be granted thereon, towards satisfying the Debts contracted for Money laid out in the Improvement of the said Entailed Estate; and for feuing certain Parts of the said Entailed Estate in the County of Edinburgh:" "An Act to enable The Reverend John Bushnell, and the Trustees of the Will of John Bushnell Esquire, deceased, to effect a Sale to Philip Pusey Esquire of the Manor of Lordship of Charney, and a certain Messuage, Lands and Premises therein, in the County of Berks:" "An Act for providing for the Discharge of a Claim in respect of Monies advanced by the late James Hodges Esquire on Security of the Lands of the late Zemindar of Nozeed and Mustaphanagur, in the District of Fort Saint George, in the East Indies, now under the Government of The Honorable the East India Company." And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; And for as much as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the accustomed Place for giving Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; Commanding also by these Presents Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Our Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain, to seal these Our Letters Patent with Our Great Seal of Our United Kingdom of Great Britain and Ireland; and also commanding Our most dear Brothers and faithful Councillors Ernest Duke of Cumberland, Augustus Duke of Sussex, Adolphus Duke of Cambridge; Our most dear Cousin and faithful Councillor William Frederick Duke of Gloucester; The Most Reverend Father in God and Our faithful Councillor William Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain; Our most dear Cousin and Councillor Henry Marquess of Lansdowne, President of Our Council; Our wellbeloved and faithful Councillor John George Lord Durham, Keeper of Our Privy Seal; Our most dear Cousins and Councillors William Spencer Duke of Devonshire, Chamberlain of Our Household; Charles Duke of Richmond, George William Frederick Duke of Leeds, William Henry Duke of Portland, Arthur Duke of Wellington, Richard Duke of Buckingham and Chandos, Richard Marquess Wellesley, Steward of Our Household; Charles Marquess of Winchester, John Jeffreys Marquess Camden, Henry William Marquess of Anglesey, John Earl of Westmorland, George Earl of Carlisle, Cropley Ashley Earl of Shaftesbury, George Earl of Aberdeen, William Earl Fitzwilliam, George John Earl Spencer, John Earl of Chatham, Henry Earl Bathurst, Charles Earl Grey, John Earl of Eldon, John William Earl of Dudley, William Viscount Melbourne, Robert Viscount Melville, Henry Viscount Sidmouth, Frederick John Viscount Goderich; Our well-beloved and faithful Councillors Henry Richard Lord Holland, William Wyndham Lord Grenville, Edward Lord Ellenborough, Nicholas Lord Bexley, John Singleton Lord Lyndhurst and Charles Lord Tenterden, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite and hath been accustomed for the same, and also to enrol these Our Letters Patent, and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted and admitted good, sufficient and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding. In Witness whereof We have caused these Our Letters to be made Patent.

"Witness Ourself at Westminster, the Eleventh Day of July, in the Third Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Bathurst."

Then The Lord Chancellor said,

"In obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given his Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

Then the Deputy Clerk of the Crown, at the Table, read the Titles of the Bills to be passed, severally, as follow; (vizt.)

1. "An Act for abolishing the Punishment of Death in certain Cases, and substituting a lesser Punishment in lieu thereof."

2. "An Act to enable Peers of Scotland to take and subscribe in Ireland the Oaths required for qualifying them to vote in any Election of the Peers of Scotland."

3. "An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs, in England and Wales, in so far as respects the Election of Members to serve in Parliament."

4. "An Act to render more effectual an Act passed in the Fifty-ninth Year of His late Majesty King George the Third, intituled, "An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes."

5. "An Act for establishing a General Cemetery for the Interment of the Dead in the Neighbourhood of the Metropolis."

6. "An Act for consolidating the several Shares of the Proprietors of the Gloucester and Berkeley Canal Company, and for converting the Interests of the several Parties holding Debentures, Annuities and Optional Notes into Shares; and for altering and enlarging the Powers of the several Acts passed for making and maintaining the said Canal."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (vizt.)

"Le Roy le veult."

7. "An Act to vest a Part of the Entailed Estate of Saltoun and others, in the County of Haddington, in Trustees, to sell the same, and apply the Price thereof, or the Securities to be granted thereon, towards satisfying the Debts contracted for Money laid out in the Improvement of the said Entailed Estate; and for feuing certain Parts of the said Entailed Estate in the County of Edinburgh."

8. "An Act to enable The Reverend John Bushnell, and the Trustees of the Will of John Bushnell Esquire, deceased, to effect a Sale to Philip Pusey Esquire of the Manor or Lordship of Charney, and a certain Messuage, Lands and Premises therein, in the County of Berks."

9. "An Act for providing for the Discharge of a Claim in respect of Monies advanced by the late James Hodges Esquire on Security of the Lands of the late Zemindar of Nozeed and Mustaphanagur, in the District of Fort Saint George, in the East Indies, now under the Government of the Honorable the East India Company."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (vizt.)

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Giles v. Grover & Pollard:

The House proceeded to take into further Consideration the Cause wherein Daniel Giles Esquire is Plaintiff, and Harry Grover and James Pollard are Defendants:

And Consideration being had thereof;

The following Order and Judgment was made:

Whereas, by virtue of His Majesty's Writ of Error returnable in the House of Lords in Parliament assembled, a Record of the Chamber of Council called the Council Chamber of the Exchequer was brought into this House on the 25th Day of February 1828, wherein Daniel Giles Esquire is Plaintiff, and Harry Grover and James Pollard are Defendants, in order to reverse a Judgment given in the Chamber of Council called the Council Chamber of the Exchequer for the said Defendants, affirming a Judgment of the Court of Exchequer; and Counsel having been heard on Monday the 4th Day of July 1831 to argue the Errors assigned upon the said Writ of Error; and the Judges, who were ordered to attend, having been heard seriatim, on Friday the 25th of May and Monday the 25th of June last, to deliver their Opinions, with their Reasons, upon Two Questions of Law to them proposed; and due Consideration had this Day of what was offered on either Side in this Cause:

Judgment Affirmed:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Judgment of the Chamber of Council called the Council Chamber of the Exchequer, affirming the Judgment of the Court of Exchequer, 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.

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

Tenor.

"On which Day, before the same Court of Parliament aforesaid, at Westminster aforesaid, come the Parties aforesaid, by their Attornies aforesaid; Whereupon as well the Record and Proceedings aforesaid, and the Judgment on the same given, and the Affirmance thereof, as the said Causes and Matters for Error by the said Daniel Giles Esquire above assigned, being seen by the said Court of Parliament, and diligently examined and inspected; For that it seemeth to the Court of the Parliament aforesaid now here, that neither in the Record and Proceedings aforesaid, nor in the Rendition of the Judgment aforesaid, nor in the Affirmance thereof, there is any Error, and that the said Record is in nothing vicious or defective in Law; It is considered, that as well the Judgment aforesaid, as the Affirmance thereof, be in all Things Affirmed, and stand in their full Force and Effect, the said Causes and Matters for Error above assigned in anywise notwithstanding: And thereupon the Record aforesaid, and also the Proceedings aforesaid had in the same Court of Parliament in the Premises, are remitted by the same Court of Parliament to the Barons of the Exchequer, to the end Execution might be done thereupon, &c."

Com ee on West India Colonies, Morgan to attend.

Ordered, That The Reverend Morgan do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before the Select Committee on the State of the West India Colonies.

The House was adjourned during Pleasure.

The House was resumed by The Lord Tenterden, who sat Speaker by virtue of a former Commission.

Colvin et al. v. Newberry & Benson:

The House proceeded to take into further Consideration the Cause wherein David Colvin, and others, are Plaintiffs, and Nicholas Newberry and Thomas Starling Benson are Defendants:

And Consideration being had thereof;

The following Order and Judgment was made:

Whereas, by virtue of His Majesty's Writ of Error returnable in the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this House on the 8th Day of March 1831, wherein David Colvin, James Colvin, Richard Campbell Bazett and Alexander Colvin are Plaintiffs, and Nicholas Newberry and Thomas Starling Benson are Defendants, in order to reverse a Judgment given in the Court of Exchequer Chamber, reversing a Judgment of the Court of King's Bench for the said Plaintiffs; and Counsel having been heard on Tuesday the 3d Day of this instant July to argue the Errors assigned upon the said Writ of Error; and due Consideration had this Day of what was offered on either Side in this Cause:

Judgment Affirmed:

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, reversing a Judgment of the Court of King's Bench, 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.

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

Tenor.

"On which Day, before the same Court of Parliament aforesaid, at Westminster aforesaid, come the Parties aforesaid, by their Attornies aforesaid; Whereupon all and singular the Premises having been seen, and by the said Court of Parliament now here fully understood, as well the Record and Proceedings aforesaid, and the Judgment thereupon given, as also the Causes and Matters by the said David Colvin, James Colvin, Richard Campbell Bazett and Alexander Colvin above assigned for Error, being diligently examined and inspected, and mature Deliberation being thereupon had; It appears to the said Court of Parliament now here, that there is no Error in the Judgment aforesaid, in Form aforesaid, given in the said Court of Exchequer Chamber by the Justices and Barons of the Exchequer aforesaid: Therefore it is considered by the same Court of Parliament aforesaid, that the Judgment aforesaid, in Form aforesaid, given in the said Court of Exchequer Chamber by the Justices and Barons of the Exchequer aforesaid, be in all Things Affirmed, and in full Force and Effect, the said Causes and Matters above assigned for Error in any wise notwithstanding: And hereupon the aforesaid Record, and also the Proceedings aforesaid had in the said Court of Parliament, are sent back to the Court of Our said Lord The King, before The King Himself, at Westminster aforesaid, &c. to do Execution thereupon, &c."

Customs Wharfs Sale Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to provide for the Conveyance of Premises, the Property of the Crown, situate between the Tower of London and London Bridge;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Portman Market Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend and enlarge the Powers of an Act for establishing Portman Market, within the County of Middlesex."

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 Sir Giffin Wilson and Mr. Roupell;

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

Adjourn.

Dominus Tenterden declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, duodecimum diem instantis Julii, horâ decimâ Auroræ, Dominis sic decernentibus.