House of Lords Journal Volume 63: 13 December 1830

Die Lunæ, 13° Decembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Macdougall v. Purrier.

Ordered, That the Cause wherein Alexander Macdougall is Appellant, and John Vincent Purrier is Respondent, be taken into further Consideration To-morrow, at Three o'Clock.

E. of Mar v. Erskine et al:

Upon reading the Petition and Appeal of The Right Honorable John Francis Miller Erskine Earl of Mar, Lord Erskine, Garvish and Alloa; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 3d of December 1830; 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 Lady Frances Jemima Erskine, Daughter of the late Right Honorable John Thomas Earl of Mar, Viscount Garvish, Lord Erskine, &c. and now Spouse of William James Goodeve of Clifton, Esquire, in the County of Gloucester; and her said Husband; John Howell of Clifton, in the County of Gloucester, Doctor of Medicine, and Joseph Goodeve Esquire, Barrister at Law, Trustees appointed under their Settlement of Marriage; and Lady Jane Janetta Erskine, also Daughter of the said John Thomas Earl of Mar, and now Spouse of Edward Wilmot of Clifton, Esquire, in the County of Gloucester; and her said Husband; and Robert Wardlaw Ramsey Esquire, of Tullicoultry, and David Cleghorn, Writer to the Signet, the Trustees appointed under their Post-nuptial Contract of Marriage, may be required to answer the said Appeal:"

It is Ordered, That the said Lady Frances Jemima Erskine, 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 Monday the 10th Day of January next; and Service of this Order upon the said Respondents, or upon one of their known Agents respectively in the Court of Session in Scotland, shall be deemed good Service.

Mundell to enter into a Recog ce on it.

The House being moved, "That Alexander Mundell of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for John Francis Miller Erskine Earl of Mar, on account of his Appeal depending in this House:"

It is Ordered, That the said Alexander Mundell may enter into a Recognizance for the said Appellant, as desired.

Brack v. Johnston et al. Respondents Petition to receive their Case, referred to Appeal Com ee.

Upon reading the Petition of George Johnston, and others, Respondents in a Cause depending in this House, to which William Brack is Appellant; praying their Lordships, "That their printed Case may now be received:"

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.

Finlay et al. v. Whyte, Appellants Petition for Time for their Case, referred to Appeal Com ee.

Upon reading the Petition of Kirkman Finlay Esquire, and others, Appellants in a Cause depending in this House, to which Thomas Whyte Esquire is Respondent; praying, "That their Lordships will be pleased to enlarge the Time for lodging Prints of their Case until the Day on which the House shall meet after the Adjournment, or for such other Period as their Lordships may think proper:"

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

M. of Westmeath v. M. of Salisbury et al. Marchss of Westmeath's Petion for Judgment, referred to Appeal Com ee:

Upon reading the Petition of Emily Ann Bennett Elizabeth Marchioness of Westmeath, one of the Respondents in a Cause depending in this House, wherein George Thomas John Marquess of Westmeath is Appellant, and James Marquess of Salisbury, and others, are Respondents; praying, "That their Lordships will pronounce such a final Decision upon the Validity of the Deed in the said Petition mentioned as will relieve her from the Necessity of seeking to establish by further Litigation the Rights she insists upon; or, if their Lordships shall be of Opinion that any Question of Law still exists respecting the said Deed, then that their Lordships will by their Order put that Question of Law into a Shape in which it may be settled by such competent Tribunal as to their Lordships shall seem expedient, and consistent with the Ends of Justice:"

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

Appellant's Petition for Judgment.

Upon reading the Petition of George Thomas John Marquess of Westmeath, Appellant in the last-mentioned Cause; praying their Lordships "to pronounce their Judgment in this Appeal:"

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

Slavery, Petitions for Abolition of: (Freuchie:)

Upon reading the Petition of the Members of the United Associate Congregation of Freuchie, and a few others, whose Names are thereunto subscribed; praying their Lordships "for immediate Emancipation to the Slaves; and that their Lordships will establish such Regulations in the Colonies as will prevent dangerous Results which may be apprehended to arise from immediate Emancipation:"

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

Alloa:

Upon reading the Petition of the Members of the Second United Associate Session and Congregation of Alloa, Clackmananshire, whose Names are thereunto subscribed; praying their Lordships "to take the Matter of Colonial Slavery under their serious Consideration, and to adopt the most vigorous Measures with the least possible Delay for abolishing entirely this iniquitous System, which is so much calculated to provoke the Most High, and to bring down upon us National Judgments:"

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

Dorchester:

Upon reading the Petition of the Minister and Congregation of Protestant Dissenters of the Independent Denomination assembling for Religious Worship at Dorchester, in the County of Dorset, and other Friends of Liberty, whose Names are thereunto subscribed; praying their Lordships "to prevent the Transmission of Slavery, a System so degrading and oppressive, to unborn Generations, and to secure its early and utter Abolition and Extinction:"

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

Heydor, &c:

Upon reading the Petition of the Inhabitants of the Parishes of Heydor with Kelby and Culverthorpe, in the County of Lincoln, whose Names are thereunto subscribed:

Littlemoor:

Also, Upon reading the Petition of the Minister and Congregation of Christians of the Independent Denomination at Littlemoor, in the Parish of Glossop, in the County of Derby, whose Names are thereunto subscribed:

Yelvertoft:

Also, Upon reading the Petition of the Members of the Independent Church and Congregation at Yelvertoft, in the County of Northampton, whose Names are thereunto subscribed:

Melton Mowbray:

Also, Upon reading the Petition of the Members of the Church or Society of Protestant Dissenters of the Independent Denomination, and others, assembling for Divine Worship with them at Melton Mowbray, in the County of Leicester, whose Names are thereunto subscribed:

Buckingham Chapel, Pimlico:

Also, Upon reading the Petition of the Minister and Members of the Congregation of Protestant Dissenters of the Independent Denomination assembling for Divine Worship in Buckingham Chapel, Palace Street, Pimlico, in the Parish of Saint Margaret, Westminster, whose Names are thereunto subscribed:

Ebenezer Chapel, Newcastle:

Also, Upon reading the Petition of the Members of a Christian Society and Congregation of Methodists worshipping at Ebenezer Chapel, Newcastle, whose Names are thereunto subscribed:

Barwick in Elmet:

Also, Upon reading the Petition of the Inhabitants of the Parish of Barwick in Elmet, in the West Riding of the County of York, whose Names are thereunto subscribed:

Carnew:

Also, Upon reading the Petition of the Parishioners of Carnew, County of Wicklow, Ireland, whose Names are thereunto subscribed:

Clapham:

Also, Upon reading the Petition of the Inhabitants of the Parish of Clapham, in the County of Surrey, whose Names are thereunto subscribed:

Honley:

Also, Upon reading the Petition of the Minister and Members of the Congregation of Protestant Dissenters of the Independent Denomination at Honley, Yorkshire, whose Names are thereunto subscribed:

Northowram:

And also, Upon reading the Petition of the Minister and Members of the Congregation of Protestant Dissenters of the Independent Denomination, and others, at Northowram, in the Parish of Halifax, Yorkshire, whose Names are thereunto subscribed; severally praying their Lordships "forthwith to pass a Law for the early and utter Abolition of Slavery in the British Colonies:"

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

Lyme Regis:

Upon reading the Petition of the Inhabitants of Lyme Regis, in the County of Dorset, whose Names are thereunto subscribed; praying their Lordships "to take the most important Subject of Colonial Slavery into their immediate Consideration, and to put a speedy Termination to the Evil the Petitioners so feelingly deplore and so warmly deprecate:"

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

Holbeach.

Upon reading the Petition of the Inhabitants of the Parish and Neighbourhood of Holbeach, in the County of Lincoln, whose Names are thereunto subscribed; praying their Lordships "to adopt some immediate and decisive Measures for abolishing such a horrible System as that of Slavery in the British Colonies:"

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

Coals carried Coastwise, Petitions from Bideford & Arundel for Repeal of Duty on.

Upon reading the Petition of the Inhabitants of the Town of Bideford and its Vicinity, in the County of Devon, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to take the Subject of the Duty on Sea-borne Coals into their most serious Consideration, and, by repealing the Duty thereon, relieve them as well as many others of His Majesty's Subjects from a Burthen which they have long and severely felt:"

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

Upon reading the Petition of The Mayor, Burgesses and Inhabitants of the Borough of Arundel, in the County of Sussex, whose Names are thereunto subscribed; praying their Lordships, "That the Duty on Sea-borne Coals may cease:"

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

Distress in Ireland, Petition from Cong respecting.

Upon reading the Petition of the Inhabitants of the Parish of Cong, in the County of Mayo, Ireland, whose Names are thereunto subscribed; praying their Lordships "to take into their early Consideration the Distress in Ireland occasioned by the Deficiency of the Potatoe Crop; and that their Lordships will devise some Means of Relief, and thereby prevent Famine and Disease among this Portion of His Majesty's loyal and dutiful Subjects:"

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

Liberty of the Press, Petition from Derby respecting.

Upon reading the Petition of the Operatives and others of the Town and Neighbourhood of Derby, whose Names are thereunto subscribed; praying their Lordships "immediately to repeal all Laws, Taxes and Restrictions imposed on or affecting the Liberty of the Press:"

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

House & Window Tax, Petition from Knaresbrough for Repeal of, &c.

Upon reading the Petition of the Inhabitants of the Parish of Knaresbrough, in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "to repeal those Imposts the Assessed Taxes, which, unequal in Operation, are most seriously restrictive on the Exertions and Enterprize of the Trading Community, and ought to be directly repealed so far as respects the House and Window Duty; and further, that their Lordships will abolish all useless and Sinecure Offices and Pensions, and introduce a rigid Economy in all Departments of the Government:

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

Reform of Parliament, Petitions in favour of: (Ridgeway:)

Upon reading the Petition of all the Freeholders residing in the Township of Ridgeway, in the County of Derby, whose Names are thereunto subscribed; praying their Lordships. "to take into their serious Consideration the State of the Representation to Parliament, and to institute the taking of Votes by Ballot, to prevent the Evils complained of, so that Electors may not be intimidated by rich Landlords and great Customers:"

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

Southover:

Upon reading the Petition of the Traders and Labourers of the Borough of Southover, whose Names are thereunto subscribed; praying their Lordships "to avert that Convulsion which hangs over the Country, by a speedy and general Reduction of the Taxes, particularly those that bear more immediately on the Labouring and Trading Community, amongst which may be reckoned the Tax on Coals, Candles, Soap, Malt, &c.; also for a Modification of the Assessed Taxes, the Abolition of the Game and Corn Laws; and, above all, to grant to the People a thorough Reform in the Representative System, such a Reform as will ensure to them the Extension of the Elective Franchise, the shortening of the Duration of Parliaments, and Vote by Ballot, the Abolition of all useless Places, Sinecures and Pensions, and a great Reduction of those that are absolutely necessary:"

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

Annan.

Upon reading the Petition of the Burgh Heritors, Burgesses and Inhabitants at large of the Burgh and Parish of Annan, whose Names are thereunto subscribed; praying their Lordships, "That every Male of sound Mind who has attained the Age of Twenty-one Years shall be entitled to vote for Members to serve in Parliament; that the Kingdom at large shall be divided into suitable Districts, each of which shall return a Number of Members corresponding to the Amount of its Population; that all Elections throughout the Kingdom shall be held on the same Day, the Votes being taken at some convenient Place within each Parish; that every Man shall be entitled to vote within the Parish in which as at the Date of the Election he has last been domiciled for Six Months in Succession, and no where else; that the Mode of voting shall be by Ballot; and lastly, that the Duration of each Parliament shall not be longer than One Year:"

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

Report of H.C. on Growth of Tobacco to be printed.

Ordered, That the Report made from the Select Committee appointed by the House of Commons in the last Session of Parliament, on the Growth and Cultivation of Tobacco, together with the Minutes of Evidence taken before the said Committee, communicated to this House on the 15th Day of November last, be printed.

Union with Ireland, Petition from Kilsheelan & Kilcash for Repeal of.

Upon reading the Petition of the Inhabitants of the United Parishes of Kilsheelan and Kilcash, in the County of Tipperary, Ireland, whose Names are thereunto subscribed; praying their Lordships "for the immediate Repeal of the Legislative Union between Great Britain and Ireland, and that His Majesty may be advised again to assemble the Irish Parliament to sit in Dublin:"

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

Salaries of Clerks & Officers of the House, Account of, Ordered.

Ordered, That the Clerk Assistant do prepare and lay before this House, "An Account of all Salaries, Profits, Pay, Fees and Emoluments held and enjoyed by the Clerks and Officers of this House, between the 5th January 1829 and 5th January 1830, the Total Amount of which shall exceed 1,000£.; specifying with each Name the Total Amount received by each Individual, and distinguishing the various Sources from which the same are derived."

Administration of Justice Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to amend an Act of the last Session, for the better Administration of Justice, so far as relates to the Essoign and General Return Days of each Term, and to substitute other Provisions in lieu thereof; and to declare the Law with regard to the Duration of the Terms, in certain Cases;"

The said Bill was accordingly read the Third Time.

Then the following Amendments were made to the said Bill:

In Clause B. added by the Committee to the said Bill:

L. 8. After ("Doubts") insert ("and to provide more distinctly for the levying of such Fines")

L. 9. Leave out ("Fines and")

At the End of the said Clause insert ("and that Fines of such Lands, Tenements and Hereditaments may be levied on Writs of Covenant and other Writs necessary and usual in that Behalf, to be issued out of the High Court of Chancery, instead of the Court of Exchequer, of the County Palatine of Chester, and shall be of the same Force and Effect as Fines levied before the Justices of the Court of Common Pleas") and also insert Clause (C.)

Clause (C.) "Provided always, and be it further enacted, That all such Fines shall be subject to be reviewed, and may be reviewed upon Writs of Error to be sued and proceeded before the Justices of the Court of Common Pleas, if any Error shall be found therein."

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Cross and Mr. Trower;

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quartum diem instantis Decembris, horâ decimâ Auroræ, Dominis sic decernentibus.