House of Lords Journal Volume 64: 20 July 1832

Die Veneris, 20° Julii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Logan et al. v. M. & J. Wienholt.

After hearing Counsel fully in the Cause wherein Sarah Logan, and others, are Appellants, and Mary Wienholt and John Birkett Wienholt are Respondents:

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

London Police Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing a Day and Night Police in the City of London."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

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

Walpole Inclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and inclosing certain open Common Salt Marshes in the Township of Walpole, in the County of Norfolk."

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 Mr. Cross and Mr. Trower;

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

Linen, &c. Manufactures (Ireland) Bill.

The Earl of Shaftesbury reported from the Lords Committees appointed a Select Committee to enquire into the Expediency or Inexpediency of the Regulations contained in the Bill, intituled, "An Act for the better Regulation of the Linen and Hempen Manufactures of Ireland;" "That the Committee had met, and considered the said Bill, and that it appears to the Committee that it is expedient that the House should proceed in the Consideration of the said Bill."

Which Report being read by the Clerk;

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

E. of Kingston v. Visct. Lorton, & King.

Upon reading the Petition and Cross Appeal of The Right Honorable George Earl of Kingston, complaining of a Decretal Order of the Court of Chancery in Ireland, of the 20th May 1831; and praying, "That the same may be reversed, and the Bill in the Original Cause dismissed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that The Right Honorable Robert Edward Viscount Lorton and The Honorable Robert King may be required to answer the said Appeal:"

It is Ordered, That the said Robert Edward Viscount Lorton and The Honorable Robert King may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 24th Day of August next; and Service of this Order upon the said Respondents, or their Six Clerk or Solicitor or Agents in London, shall be deemed good Service.

Ld. Willoughby de Eresby's Estate Bill.

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

To return the Bill, intituled, "An Act for vesting the Estates in the County of Sussex devised by a Codicil to the Will of The Right Honourable Peter late Lord Gwydir, deceased, in Trustees, upon Trust to sell the same, and for laying out the Residue of the Monies arising from such Sale, after Payment thereout of a Charge affecting the same Estates, in the Purchase of other Estates, to be settled to the same Uses;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Patzeker's Naturalization Bill.

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

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

Valuation of Lands (Ireland) Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to amend Two Acts, of the Seventh Year of the Reign of His late Majesty King George the Fourth, and in the First and Second Years of the Reign of His present Majesty, for the uniform Valuation of Lands and Tenements in the several Baronies, Parishes and other Divisions of Counties in Ireland;"

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. 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.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Frank's Estate Bill, Standing Order 94 dispensed with.

The Order of the Day being read for taking into Consideration the Standing Order, No. 94, relative to Consents to Private Bills, in order to its being dispensed with upon the Bill, intituled, "An Act to enable Richard Bacon Frank Esquire, jointly with the Committee of the Estate of Edward Frank Clerk, his Father, (a Person of unsound Mind,) to make Appointments of Estates in the Counties of Norfolk and Suffolk and County of the City of Norwich, by way of Family Arrangement and Settlement, conformably to an Order of The Lord Chancellor in the Matter of the said Edward Frank; and also to confirm an Annuity to be charged on the Life Estate of the said Edward Frank;" and for the Lords to be summoned;

The said Standing Order was read by the Clerk.

It was moved, "That the said Standing Order be dispensed with on the last-mentioned Bill."

The same was agreed to; and Ordered accordingly.

Then the Amendments made by the Committee to the said Bill, being read Twice by the Clerk, were agreed to by the House.

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

Remedies against the Hundred Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to extend the Provisions of an Act of the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, relative to Remedies against the Hundred;"

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. 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.

Bruce v. Lang.

Upon reading the Petition and Appeal of Archibald Bruce, Accountant in Edinburgh, Trustee on the Sequestrated Estates of John Rennie of Phantassie, Farmer, Corn Merchant and Cattle Dealer at East Linton, in the County of Haddington; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, dated the 7th, signed the 11th of July 1832; 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, shall seem meet; and that Thomas Lang, Flesher in Glasgow, may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Lang may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 17th Day of August next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Robertson to enter into a Recogce on Forbes Appeal.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recongnizance for William Forbes Esquire, on account of his Appeal depending in this House, he being resident in Scotland:"

The same was agreed to; and Ordered accordingly.

Reform (Ireland) Bill.

It was moved, "That the Bill, intituled, "An Act to amend the Representation of the People of Ireland," be read a Second Time on Thursday next."

Which being objected to;

It was moved, "to leave out ("Thursday") and insert ("Monday.")

The Question was put, "Whether ("Thursday") shall stand Part of the Motion?"

It was resolved in the Negative.

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

London Police Bill, Petition of H. Ward respecting.

Upon reading the Petition of Harbut Ward the younger, of Bridewell Precinct, in the City of London, Chapel Warden and Overseer of the Poor of the said Precinct; taking notice of a Bill depending in this House, intituled, "An Act for establishing a Day and Night Police in the City of London;" and praying their Lordships, "That a Clause may be introduced into the said Act to exempt the Precinct of Bridewell from its Operation:"

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

Bribery at Elections Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to amend the Law relating to Bribery in the Election of Members of Parliament;" and for the Lords to be summoned;

It was moved, "That the said Bill be now read a Second Time."

After short Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was read a Second Time.

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

Amphletts et al. Petition to present Appeal, referred to Appeal Com ee.

Upon reading the Petition of Lydia Amphlett Widow, The Reverend Richard Holmden Amphlett Clerk, The Reverend John Banks Hollingworth D. D. and Lydia his Wife, late Lydia Amphlett Spinster, but now deceased; Lydia Hollingworth an Infant, by the said John Banks Hollingworth her Father and next Friend; Samuel Woodfield Paul Clerk and The Reverend Jonathan Tyers Barratt D.D.; setting forth, "That on the 5th Day of December 1827 the Cause therein mentioned came on to be heard before His Honor Sir John Leach, then Vice Chancellor, but now Master of the Rolls, upon the Report of the Master for further Directions, when His Honor was pleased (amongst other Things) to declare that the several Legacies given by the Will of Martha Clay the Testatrix in the Pleadings mentioned, which lapsed by the Death of the Legatees in her Life-time, sunk into and formed Part of the Personal Estate of the said Testatrix, and that the said Testatrix's Heir at Law, Robert Joseph Peck, was not entitled thereto or to any Part thereof: That the Defendant Robert Joseph Peck, not being satisfied with the Decision of the said Vice Chancellor, preferred his Petition of Appeal to The Right Honorable The Lord High Chancellor of Great Britain against the Decree and Order of the said Vice Chancellor: That the said Appeal came on to be heard before The Lord High Chancellor on the 11th Day of February 1831, when his Lordship was pleased to order that so much of the Order made on hearing the Cause on further Directions as declared that the several Legacies given by the Will of Martha Clay the Testatrix, which lapsed by the Death of the Legatees in her Life-time, sunk into and formed Part of her Personal Estate, and that the Testatrix's Heir at Law was not entitled thereto or to any Part thereof, should be revoked; and His Lordship did declare that the several Legacies of Five hundred Pounds each, and the several Legacies of One thousand Pounds each, in the Master's Report mentioned to have lapsed by the Death of the Legatees in the Life-time of the Testatrix, did not sink into and form Part of the Personal Estate of the Testatrix, but that the same ought, in the Events which happened, to be considered in the said Court of Chancery as so much Real Estate of the said Testatrix undisposed of by her said Will; and that the said Defendant Robert Joseph Peck, as Heir at Law of the Testatrix, was entitled to the same, with Interest at the Rate of Four Pounds per Cent. per Annum from the Death of the said Testatrix: That the Petitioners are advised that the said Decree and Declaration of The Lord High Chancellor of the 11th Day of February 1831, revoking the Decree or Order of The Vice Chancellor of the 5th Day of December 1827, is erroneous: That the said Defendant Robert Joseph Peck is proceeding to carry the said Decree of the 11th Day of February 1831 into Execution: That although the said Decree of The Lord High Chancellor bears Date the 11th Day of February 1831, still it was not, owing to the Difference of Opinion of the Counsel employed respecting the true Purport of the Decree pronounced, passed and entered of Record 'till the 21st Day of May last or thereabouts: That as son as the Petitioners were aware of its being entered, they instructed their Counsel to proceed with preparing the Petition of Appeal and Case, which had been began, and the said Petition of Appeal to their Lordships is now engrossed and duly signed by Counsel, but, on account of the Standing Rules and Orders of their Lordships, the Petitioners cannot present the same without the special Leave of their Lordships for that Purpose being first obtained: That it is of great Importance not only to the Petitioners, but also in a legal Point of View, that the same should be heard without Delay;" and therefore praying their Lordships, "That they may be at liberty forthwith to present their said Petition of Appeal:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum tertium diem instantis Julii, horâ decimâ Auroræ, Dominis sic decernentibus.