House of Lords Journal Volume 63: 30 August 1831

Die Martis, 30° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Calder v Aitchison & Co.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Calder is Appellant, and George Aitchison and Company 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.

Munro & Rose v. Drummond et al:

The House (according to Order) proceeded to take into further Consideration the Cause wherein Mrs. Catherine Munro and Hugh Rose her Husband are Appellants, and Andrew Berkeley Drummond Esquire, and others, are Respondents:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel, as well on Monday the 3d as on Wednesday the 5th Days of May 1830, upon the Petition and Appeal of Mrs. Catherine Munro, eldest lawful Daughter of Duncan Munro Esquire, of Culcairn, procreated of his Marriage with the deceased Mrs. Jane Kirk, and Wife of Hugh Rose Esquire, of Glastullick, in the County of Ross, and of the said Hugh Rose her Husband, for his Interest; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 11th of June 1828; and praying, "That the same might be reversed, varied or altered, 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 Answer of Andrew Berkeley Drummond Esquire and John Drummond Esquire, Bankers, and John and Walter Ferrier, Writers to the Signet, their Attornies, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Cause remitted, with a Declaration.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Registration of the Deed of Entail, prior to the Date of the Decrees of Constitution and Adjudication, does not, in this Case, bar the Claims of the Creditors against the Entailed Estate in respect of Debts contracted prior to such Registration; and, with this Declaration, it is Ordered and Adjudged, That the Cause be remitted back to the First Division of the Court of Session in Scotland, to proceed therein as shall be just and consistent with this Declaration, it not being the Intention of this House to give an Opinion upon any other Points arising between the said Parties in this Cause.

Glamorganshire Canal Co. v. Blakemore, in Error.

The House (according to Order) proceeded to take into further Consideration the Cause wherein The Glamorganshire Canal Company are Plaintiffs, and Richard Blakemore is Defendant;

And Consideration being had thereof accordingly;

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

M. of Westmeath v. M. of Salisbury et al:

The House (according to Order) proceeded to take into further Consideration the Cause wherein George Thomas John Marquess of Westmeath is Appellant, and James Marquess of Salisbury, and others, are Respondents:

And Consideration being had thereof accordingly;

The following Order and Judgment was made.

After hearing Counsel on Thursday the 26th and Friday the 27th Days of June, and Wednesday the 2d Day of July 1829, upon the Petition and Appeal of The Most Honorable George Thomas John Marquess of Westmeath, complaining of a Decree of the Court of Chancery in Ireland, of the 15th of March 1827; and praying, "That the same might be reversed or varied, or that the Appellant might have such further Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of The Right Honorable Emily Anne Bennet Elizabeth Marchioness of Westmeath, and also the separate Answer of Henry Widman Wood and William Sheldon, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Cause remitted, with a Declaration.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Deed of the 30th of May 1818, in the Pleadings mentioned, so far as the Respondent The Marchioness of Westmeath, or her Trustees, the said Marquess of Salisbury and the said Henry Widman Wood for her, seeks or can seek any Benefit under it, is null and void in Law; and, with this Declaration, it is Ordered, That the Cause be remitted to the said Court of Chancery in Ireland, to do therein as shall be just and consistent with this Declaration.

Bp. Cork's Bill, Standing Order 94 to be considered.

Ordered, That the Standing Order N° 94, directing that no Committee shall sit upon any Private Bill until Ten Days after the Second Reading thereof, be taken into Consideration To-morrow, in order to be dispensed with on the Bill, intituled, "An Act to repeal an Act passed in the Parliament of Ireland, in the Thirty-second Year of the Reign of King George the Third, relating to a Portion of the Lands of Ballinaspeg, near the City of Cork, belonging to the See of Cork; and to enable the Bishops of that See to demise the same under certain Restrictions;" and that the Lords be summoned.

Turnpike Roads (Scotland) Bill.

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

With a Bill, intituled, "An Act for amending and making more effectual the Laws concerning Turnpike Roads in Scotland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Dublin Railway Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and maintaining a Railroad from Westland Row, in the City of Dublin, to the Head of the Western Pier of the Royal Harbour of Kingstown, in the County of Dublin, with Branches to communicate therewith."

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. Adam and Mr. Roupell;

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

Tithes on Barren Land Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for explaining and amending an Act passed in the Second and Third Years of the Reign of King Edward the Sixth, intituled, "An Act for Payment of Tithes."

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 some Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received To-morrow.

The Duchess of Kent's Annuity Bill reported:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable His Majesty to grant an Annual Sum to Her Royal Highness Victoria Maria Louisa Duchess of Kent, for a more adequate Provision for Her said Royal Highness, and for the honorable Support and Education of Her Royal Highness The Princess Alexandrina Victoria of Kent."

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.

Plurality of Benefices Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to restrain and regulate the holding of Plurality of Dignities and Benefices by Spiritual Persons;" 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.

Baking Trade (Ireland) Bill.

Ordered, That the Bill, intituled, "An Act to regulate the Baking Trade in Ireland," be read a Second Time on Thursday next.

Harris v. Kemble et al.

Ordered, That the Cause wherein Henry Harris is Appellant, and Charles Kemble, and others, are Respondents, be heard by Counsel at the Bar on Monday next.

Sir W. P. H. Campbell's Petition claiming the Barony of Polwarth.

The Lord Melbourne (by His Majesty's Command) presented to the House A Petition of Sir William Purves Hume Campbell of Marchmont, Baronet, to His Majesty; praying His Majesty "to adjudge and declare that the Petitioner has Right to the Title and Dignity of Lord Polwarth, according to the Terms and Limitation of the Letters Patent of Their Majesties King William and Queen Mary in favor of the Petitioner's Ancestor;" with His Majesty's Reference thereof to this House.

Which Petition and Reference were read by the Clerk, and are as follow; (viz ^t.)

"To The King's Most Excellent Majesty.

"The humble Petition of Sir William Purves Hume Campbell of Marchmont, Baronet;

"Sheweth,

"That by Letters Patent of Their Majesties King William and Queen Mary, bearing Date at Kensington the 26th Day of December, in the Year of Our Lord 1690, Sir Patrick Hume of Polwarth was created Lord Polwarth, the Dignity being conferred "in dictum Dominum Patricium Hume, et hæredes masculos de corpore suo legitime procreatos seu procreandos et hæredes dictorum suorum hæredum."

"That the said Sir Patrick Hume Lord Polwarth, the Patentee, was afterwards created Earl of Marchmont, by Letters Patent of His Majesty King William the Third, bearing Date at Kensington the 23d Day of April, in the Year of Our Lord 1697, the Limitation of the Earldom being "dicto Patricio Domino Polwarth, ejusque hæredibus masculis quibuscunque omni tempore futuro;" but the Barony of Polwarth remained descendible in Terms of the original Patent above recited.

"That the said Sir Patrick Hume, the First Lord Polwarth and First Earl of Marchmont, had Four Sons, Patrick his eldest Son, Robert his Second Son, Alexander his Third Son, and Andrew, afterwards Sir Andrew Hume, his Fourth Son; and the Two elder Sons having died before him without Issue, he was succeeded by Alexander his Third Son, who thereupon became Second Lord Polwarth and Second Earl of Marchmont.

"That Alexander the Second Lord Polwarth and Second Earl of Marchmont had Four Sons, George the eldest Son, Patrick the Second Son, Hugh the Third Son, and Alexander the Fourth Son; and a Daughter, the Lady Anne, married to Sir William Purves of Purves Hall, Baronet, the Grandmother of the present Petitioner; and his Two elder Sons having died before him, without Issue, he was succeeded by Hugh his Third Son, who thereupon became Third Lord Polwarth and Third Earl of Marchmont.

"That the said Hugh the Third Lord Polwarth and Third Earl of Marchmont had Two Sons, Patrick his eldest Son and Alexander his Second Son, and several Daughters, but his Two Sons died before him, without Issue; and upon the Death of the said Hugh the Third Lord Polwarth and Third Earl of Marchmont, in 1794, the whole Issue Male of Patrick the First Lord Polwarth and First Earl of Marchmont became extinct.

"That the said Hugh Third Lord Polwarth and Third Earl of Marchmont, being well aware that the Issue Male of his Grandfather Sir Patrick the First Lord Polwarth and First Earl of Marchmont would become extinct in him, settled the Estates of the Family in certain Events upon the Heirs Male of the Body of Sir Alexander Purves of Purves Hall, Baronet, the Petitioner's Father, who was the Son of the said Lady Ann Purves, his the said Earl's Sister, and a Series of Heirs of Tailzie and Provision to succeed to him; and the Petitioner having come into Possession of the said Estates upon the Death of the said Sir Alexander Purves his Father in 1812, now holds the same in Terms of the Settlements made and directed to be made by Earl Hugh his Grand Uncle.

"That the Petitioner humbly conceives, that according to the true Meaning and Construction of the said Letters Patent of the said Title and Dignity of Lord Polwarth, the same upon the Death of the said Hugh the Third Lord Polwarth and Third Earl of Marchmont, and Failure of the Issue Male of the Patentee, descended to the Heirs of the Body of Lady Anne Purves, who was the Daughter of Alexander, the Son and Heir Male of the Body of the Patentee; and that the said Title and Dignity of Lord Polwarth now belong of Right to the Petitioner, the Heir of the said Lady Anne Purves his Grandmother.

"The Petitioner therefore humbly prays, That Your Majesty will be graciously pleased, on Proof being made of the Facts before stated, to adjudge and declare that Your Petitioner has Right to the said Title and Dignity of Lord Polwarth, according to the Terms and Limitation of the said Letters Patent of Their Majesties King William and Queen Mary in favour of Your Petitioner's said Ancestor.

"And Your Petitioner shall ever pray, &c.

"W. P. Hume Campbell."

"Whitehall, 27th August 1831.

"His Majesty, being moved upon this Petition, is graciously pleased to refer the same to The Right Honorable The House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"Melbourne."

Ordered, That the said Petition, with His Majesty's Reference thereof to this House, be referred to the Consideration of the Lords Committees for Privileges, to whom the Petition of Hugh Scott Esquire of Harden, eldest Son and Heir of the late Walter Scott Esquire, of Harden, and Lady Diana Scott, also deceased, to His Majesty, praying, "That His Majesty will be pleased to make such Reference to the House of Lords on the Right of the Petitioner to the Barony of Polewart, and of this Petition, as may effectually revive the former Proceedings before this House relative to the said Barony, and enable the Petitioner to have the Benefit of all Proofs taken before their Lordships, or their Committee of Privileges, on the former Reference to this House of the Petition and Claim of Dame Ann Paterson Anstruther to the said Barony, and all such other Benefit as the Nature of the Case shall properly allow, and at the same Time to prove the present Right of the Petitioner to the said Barony," with His Majesty's Reference thereof to this House, stands referred.

Beer Act, Petition from Barking for Alteration of.

Upon reading the Petition of the Minister, Churchwardens, Overseers of the Poor, and other Inhabitants of the Parish of Barking, in the County of Essex, in Vestry assembled, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to take such Measures for the Remedy of the Evils occasioned by the Act for permitting the general Sale of Beer by Retail, as to them shall seem meet:"

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

Sub-letting Act (Ireland) Amendment Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to repeal an Act passed in the Seventh Year of His late Majesty King George the Fourth, intituled, "An Act to amend the Law of Ireland respecting the Assignment and Sub-letting of Lands and Tenements;" and to substitute other Provisions in lieu thereof;" and for the Lords to be summoned;

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 made several Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received on Friday next.

Canadian Revenues Bill.

It was moved, "That the Order made Yesterday, That the House be put into a Committee upon the Bill, intituled, "An Act to amend an Act of the Fourteenth Year of His Majesty King George the Third, for establishing a Fund towards defraying the Charges of the Administration of Justice and Support of the Civil Government within the Province of Quebec, in America," on Thursday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the House be put into a Committee upon the said Bill on Monday next; and that the Lords be summoned.

Adjourn.

Comes Shaftesbury declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum primum diem instantis Augusti, horâ undecimâ Auroræ, Dominis sic decernentibus.