House of Lords Journal Volume 62
11 March 1830

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'House of Lords Journal Volume 62: 11 March 1830', Journal of the House of Lords: volume 62: 1830, pp. 104-107. URL: http://british-history.ac.uk/report.aspx?compid=16313 Date accessed: 20 October 2014.


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Contents

Die Jovis, 11 Martii 1830.
Logans v. Wright et al. Dawson et al. v. the Magistrates, &c. of Glasgow. Rose v. Macleod. Corn & Flour, Accounts respecting, delivered. Stevenson v. Rowand. Brown v. Bertram & Watson. Ld. Provost of Edinburgh et al. v. Bruce et al. Munro & Rose v. Saunders et al. Munro & Rose v. Drummond et al. Sir J. Montgomery et al. v. Maxwell. Distress of the Country, Petition from Irvine respecting. East India, &c. Trade, Petitions for throwing open, referred to East India Com ee: (Mayor, &c. of Liverpool:) Trustees of Liverpool Docks: Liverpool: Halifax: Great & Little Bolton. Select Vestries, Petition from St. Pancras respecting. Distress of the Country, Petitions from Leek Wootton & Renfrew respecting, & for Repeal of the Malt Duties. Stamp Duties on Conveyances of Property, Accounts of, Ordered. Distress of the Country, Petition from Dumbartonshire respecting. Hindoo Widows, Petition of Dissenters of St. Thomas's Chapel, Hackney, against the Practice of burning. Lords summoned. Ld. Ellenborough's Divorce Bill. Highgate Grammar School Bill. Mactavish v. Scott et al. Com ee on the Coal Trade, Beaumont to attend. Dundas & Bruce v. Dundas et al. Respondents Petition to receive their Case, referred to Appeal Comee. Hamerton's Divorce Bill, Witnesses to attend. Hildyard's et al. Petition referred to Judges. Market Harborough Roads Bill. Thirsk Roads Bill. Wendover Road Bill, reported: Consideration of Amendment put off for 6 Months. Marriages validating Bill. Poor Removal (Jersey & Guernsey) Bill. Bouchier et al. v. Dillon et al. Adjourn.

Die Jovis, 11 Martii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Ds. Lyndhurst, Cancellarius.
Epus. Londinen.
Epus. Bath. et Well.
Epus. Oxon.
Vicecom. Melville.
Vicecom. Gordon.
Vicecom. Goderich.
Ds. Clifton.
Ds. King.
Ds. Holland.
Ds. Vernon.
Ds. Calthorpe.
Ds. Lilford.
Ds. Fitz Gibbon.
Ds. Arden.
Ds. Hill.
Ds. Melbourne.
Ds. Prudhoe.
Ds. Bexley.
Ds. Wharncliffe.
Comes Bathurst, Præses.
Comes Rosslyn, C. P. S.
Dux Wellington.
March. Salisbury.
March. Bath.
March. Bute.
Comes Graham, Camerarius.
Comes Derby.
Comes Westmorland.
Comes Shaftesbury.
Comes Jersey.
Comes Rosebery.
Comes Tankerville.
Comes Malmesbury.
Comes Beauchamp.
Comes Cawdor.

PRAYERS.

Logans v. Wright et al.

The Answer of John Wright, John Paterson, James Wright, Peter M Kinnon, Thomas Jamieson, Thomas Young, Mrs. Sarah Truman, Duncan Yuille, William Scouler, John Andrew, David Scales, John Gunnock, James Govan, William Gibson, John Burnet, James Henry, David M'Michael, James Taylor and Brothers, James Taylor, John Gemmill, John Kirkwood, Peter M'Nab, Mrs. Thomson, Adam Danglish, Alexander Maccallister, Mrs. Shanks, Archibald Arthur, Henry Knox, James Nisbet, William Wilson, James Hunter, Matthew Paterson junior, John Colquhoun, Mrs. Jane M'Lean, Duncan Wright, Mrs. Christian Bowman, John Wilson, Elizabeth Wilson, Christian Wilson, Hugh Cameron, James Lamb, Robert Fotheringham, James Rutherford, James M'Crindle, Mrs. Janet Muir, Charles Paterson, Thomas Wright, James Millar, Mrs. Ann Truman, Edward Jackson, John M'Cullum, Reverend James Gardner, John Campbell and Alexander Gardner, Feuars, or acting for Feuars, in Clyde Street, Anderston, Glasgow, to the Petition and Appeal of Walter Logan and John Maxwell Logan the younger, of Fingalton, was this Day brought in.

Dawson et al. v. the Magistrates, &c. of Glasgow.

As was also, The Answer of the Magistrates and Council of the City of Glasgow, and Robert Wilson, late Tacksman of the Custom of the Ladle in the said City, to the Petition and Appeal of Messieurs Dawson and Mitchell and another.

Rose v. Macleod.

And also, The Answer of Donald Macleod and his Factor loco Tutoris to the Petition and Appeal of Hugh Rose Esquire, of Glastullish.

Corn & Flour, Accounts respecting, delivered.

The House being informed, "That Mr. Charles Crafer, from the Treasury, attended;"

He was called in; and delivered at the Bar, pursuant to Orders of the 26th Day of February last,

"An Account of the Quantities of Corn, distinguishing each Sort, and of Flour and Meal, imported into the United Kingdom in each Year since July 15th, 1828; distinguishing each Year, and the Quantities entered for Home Consumption, and the Quantities re-exported, and the Quantities remaining in Warehouses on 1st January last:"

And also, "An Account of the Weekly Average Prices of Corn which govern Importation, from 15th July 1828 to 1st January 1830."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Accounts be printed.

Stevenson v. Rowand.

Ordered, That the Cause wherein Nathaniel Stevenson is Appellant, and Michael Rowand is Respondent, be heard by Counsel at the Bar on Tuesday next.

Brown v. Bertram & Watson.

Ordered, That the Cause wherein George Brown is Appellant, and William Bertram and John Watson are Respondents, be heard by Counsel at the Bar on Tuesday next.

Ld. Provost of Edinburgh et al. v. Bruce et al.

Ordered, That the Cause wherein The Lord Provost of the City of Edinburgh, and others, are Appellants, and William Bruce, and others, are Respondents, be heard ex-parte, by Counsel at the Bar, on Tuesday next.

Munro & Rose v. Saunders et al.

Ordered, That the Hearing of the Cause wherein Mrs. Catherine Munro or Rose, and Hugh Rose her Husband, are Appellants, and John Saunders or Woodman, and others, are Respondents, which stands appointed for Friday the 26th of this instant March, be put off 'till after the Recess at Easter.

Munro & Rose v. Drummond et al.

Ordered, That the Hearing of the Cause wherein Mrs. Catherine Munro, and Hugh Rose her Husband, are Appellants, and Andrew Berkeley Drummond Esquire, and others, are Respondents, which stands appointed for Friday the 26th of this instant March, be put off 'till after the Recess at Easter.

Sir J. Montgomery et al. v. Maxwell.

Ordered, That the Hearing of the Cause wherein Sir James Montgomery Baronet, and others, are Appellants, and Mackill Maxwell is Respondent, which stands appointed for Friday the 26th of this instant March, be put off 'till after the Recess at Easter.

Distress of the Country, Petition from Irvine respecting.

Upon reading the Petition of the Incorporated Trades, Burgesses and other Inhabitants of the Royal Burgh of Irvine, whose Names are thereunto subscribed; praying their Lordships "to take into their serious Consideration the present distressed State of the Country, to remove those Causes which the Petitioners conceive to have produced this Distress, namely, The East India Company's Monopoly, and the oppressive Restrictions upon the Importation of Corn; or to devise, in their Wisdom, such other Measures as may seem best calculated to heal the Wounds of their much-oppressed, but patient Countrymen:"

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

East India, &c. Trade, Petitions for throwing open, referred to East India Com ee: (Mayor, &c. of Liverpool:)

Upon reading the Petition of The Mayor, Bailiffs and Burgesses of the Town of Liverpool, in the County of Lancaster, under their Common Seal; praying their Lordships "for the Removal of the Restrictions which at present exist against the free Intercourse with the Indian Territories, but more especially with China:"

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

Ordered, That the said Petition be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Trustees of Liverpool Docks:

Upon reading the Petition of the Trustees of the Liverpool Docks, under their Common Seal, praying their Lordships, "That all His Majesty's Subjects may be admitted to a free and unrestricted Trade to all the Countries of the East, and particularly to the Trade with the Empire of China:"

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

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

Liverpool:

Upon reading the Petition of the Bankers, Merchants, Tradesmen and other Inhabitants of Liverpool, in the County of Lancaster, whose Names are thereunto subscribed; praying their Lordships, "That Notice may be given at the earliest Period allowed by Law for the Determination of the Charter of The East India Company on the 11th Day of April 1834; and that thereafter the Petitioners and all other His Majesty's Subjects may be admitted to the full Exercise of their Rights to a Trade with the Empire of China and all other Countries of the East:"

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

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

Halifax:

Upon reading the Petition of the Merchants, Manufacturers and other Persons interested in the Trade and Commerce with China and the East Indies, residing within the Parish of Halifax, in the County of York, whose Names are thereunto subscribed; praying their Lordships, "That the Trade to the East Indies and to China may be thrown open, that British Subjects may be permitted to settle in any Part of the Interior of India, and have a full and free Participation in the Trade with all other Countries to the East of the Cape of Good Hope, upon the approaching Termination of The East India Company's Charter:"

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

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

Great & Little Bolton.

A Petition of the Merchants, Spinners, Manufacturers and Tradesmen of the Towns of Great and Little Bolton, and the Neighbourhood, in the County of Lancaster, was presented and read; praying their Lordships, "That the full and free Right of trading to the East Indies and China be granted to all His Majesty's Subjects."

Ordered, That the said Petition be received as the Petition of John Botling, Boroughreeve of Great Bolton, and Chairman of the Meeting, who only has signed it.

Ordered, That the said Petition be referred to the lastmentioned Committee.

Select Vestries, Petition from St. Pancras respecting.

Upon reading the Petition of the Inhabitant Householders of the Parish of Saint Pancras, in the County of Middlesex, whose Names are thereunto subscribed; praying their Lordships "to take into their early Consideration an Act passed in the Year 1819, for establishing a Select Vestry in the above Parish, for maintaining the Poor, and for other Purposes; and that the Parish of "Saint Pancras" may be included in any Enquiry which has for its Object the Regulation and Amendment of "Select Vestries;" and that the Petitioners may have such other Relief as to their Lordships may seem proper, and which may have the Effect of producing Economy in the Expenditure, and Harmony and Confidence in the Management of the Affairs, of this extensive Parish:"

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

Distress of the Country, Petitions from Leek Wootton & Renfrew respecting, & for Repeal of the Malt Duties.

Upon reading the Petition of the Owners and Occupiers of Land in the Parishes of Leek Wootton, Lillington and Cubington respectively, in the County of Norwich, whose Names are thereunto subscribed; praying their Lordships, "That the Duties on Malt may be forthwith repealed, in order to alleviate the great Distress which prevails throughout all Classes of the Community, and particularly amongst the Owners and Occupiers of Land:"

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

Upon reading the Petition of the Noblemen, Freeholders, Commissioners of Supply, Justices of Peace and Magistrates of Towns of the County of Renfrew, convened in their Common Hall; praying their Lordships to enquire into the Cause of the present universal Distress prevailing over the whole Kingdom, and to adopt such Measures as may seem proper for some Relief from those Taxes which press more immediately upon the Necessaries of Life, by the Remission of which general Benefit would accrue, and by the Continuance of which in Time of Peace the good Faith of Parliament is compromised:"

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

Stamp Duties on Conveyances of Property, Accounts of, Ordered.

Ordered, That there be laid before this House, "A Return of the Amount of Stamp Duties levied on all Conveyances of Lifehold Property under the annual Value of £5:"

And also, "A Return of the Amount of Stamp Duties on all Conveyances of Property in Fee under the Value of £150."

Distress of the Country, Petition from Dumbartonshire respecting.

A Petition of the Noblemen, Freeholders, Justices of the Peace and Commissioners of Supply of the County of Dumbarton, in a General County Meeting assembled; praying their Lordships "to institute a full and minute "Enquiry into the Causes that have produced the Sufferings which generally prevail throughout the Kingdom, and to apply such Remedies as to the Wisdom of the Legislature shall appear proper," was presented and read.

Ordered, That the said Petition be received as the Petition of Sir James Colquhoun, Chairman, who only has signed it.

Hindoo Widows, Petition of Dissenters of St. Thomas's Chapel, Hackney, against the Practice of burning.

Upon reading the Petition of the Congregation of Protestant Dissenters assembling for Divine Worship at the Chapel, St. Thomas's Square, Hackney, Middlesex, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as they may, in their Wisdom, deem most expedient for abrogating the Practice existing in British India of burning Widows on the Funeral Piles of their Husbands, so highly injurious to that Character of Humanity, and Veneration for the Divine Law, which they trust will ever distinguish the Government and People of this Country:"

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Thursday next.

Ld. Ellenborough's Divorce Bill.

The Earl of Shaftesbury (according to Order) reported the Amendment made by the Committee of the Whole House to the Bill, intituled, "An Act to dissolve the "Marriage of The Right Honorable Edward Baron Ellenborough with The Right Honorable Jane Elizabeth Baroness Ellenborough his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Which Amendment, being read Twice by the Clerk, was agreed to by the House.

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

Highgate Grammar School Bill.

Hodie 2 a vice lecta est Billa, intituled, "An Act to enable the Wardens and Governors of the Possessions, Revenues and Goods of the Free Grammar School of Sir Roger Cholmeley Knight, in Highgate, to pull down their present Chapel, and to contribute towards the Erection of a new Chapel or Church in Highgate; and for other Purposes."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

V. Melville.
V. Gordon.
V. Granville.
L. Bp. London.
L. Bp. Bath & Wells.
L. Bp. Oxford.
L. Clifton.
L. King.
L. Holland.
L. Vernon.
L. Calthorpe.
L. Lilford.
L. Fitz Gibbon.
L. Arden.
L. Hill.
L. Melbourne.
L. Prudhoe.
L. Bexley.
L. Wharncliffe.
L. Abp. Canterbury.
L. President.
L. Privy Seal.
D. Wellington.
M. Salisbury.
M. Bath.
M. Bute.
L. Chamberlain.
E. Derby.
E. Westmorland.
E. Shaftesbury.
E. Jersey.
E. Rosebery.
E. Tankerville.
E. Malmesbury.
E. Beauchamp.
E. Cawdor.

Their Lordships, or any Five of them, to meet on Monday the 22d of this instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Mactavish v. Scott et al.

Upon reading the Petition of Mrs. Catherine Macdonell, otherwise Mactavish, Executrix Dative qua Relict decerned to John Mactavish, Solicitor in Inverness, deceased, late Appellant in a Cause depending in this House, to which James Scott, and others, are Respondents; praying, "That their Lordships will be pleased to order that the said Appeal may stand revived in the Petitioner's Name, as in Place and Stead of the said John Mactavish, her late Husband, in respect of this Cause; and that the Petitioner may have the Benefit of the said Appeal as her said Husband might have had if in Life:"

It is Ordered, That the said Appeal do stand revived in the Name of the Petitioner, in Place of the said John Mactavish her late Husband, as desired.

Com ee on the Coal Trade, Beaumont to attend.

Ordered, That Robert Beaumont do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before the Select Committee appointed to take into Consideration the State of the Coal Trade in the United Kingdom, together with the Duties of all Descriptions and Charges affecting the same, as well in the Port of London as in the several other Ports of the United Kingdom.

Dundas & Bruce v. Dundas et al. Respondents Petition to receive their Case, referred to Appeal Comee.

Upon reading the Petition of Robert Dundas Esquire, and others, Respondents in a Cause depending in this House, to which Wedderburn Dundas and Thomas Bruce junior are Appellants; praying their Lordships, "That their printed Case may 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.

Hamerton's Divorce Bill, Witnesses to attend.

Ordered, That General John Murray and Charlotte Hargrave do attend this House on Wednesday next, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Medows Hamerton Esquire with Isabella Frances his now Wife, and to enable him to marry again; and for other Purposes."

Hildyard's et al. Petition referred to Judges.

Upon reading the Petition of Thomas Blackborne Hildyard of Flintham House, in the County of Nottingham, Esquire, on behalf of himself and of Thomas Blackborne Thoroton Hildyard, Robert D'Arcy Thoroton Hildyard, Henry Charles Thoroton Hildyard and John George Bowes Thoroton Hildyard, his infant Sons; of The Reverend Levett Edward Thoroton of Colwick, in the said County of Nottingham, Clerk, on behalf of himself and of Thomas Thoroton, Charles Thoroton, Edward Thoroton and Levett Thoroton, his infant Sons; of Robert Thoroton of Harrington Hall, in the County of Lincoln, Esquire, and of The Reverend Robert Croft Clerk, one of the Residentiaries of the Cathedral Church of York, and Rector of Rowley, in the East Riding of the County of York, and of Elizabeth his Wife; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Garrow and Mr. Justice Gaselee, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Market Harborough Roads Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for more effectually repairing and improving the Roads from Market Harborough to Loughborough, and from Filling Gate to the Melton Mowbray Turnpike Road, in the County of Leicester," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Thirsk Roads Bill.

The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing certain Turnpike Roads leading to and from Thirsk, in the County of York," was committed.

Wendover Road Bill, reported:

The Earl of Shaftesbury also reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing and improving the Road from Wendover to the Town of Buckingham, in the County of Buckingham," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made One Amendment thereto."

Which Amendment was read by the Clerk as follows; (Viz t.)

"Pr. 9. L. 3. After ("amended") insert Clause (A.)

"Clause (A.) Provided always, and be it further enacted, That none of the Tolls authorized by this Act to be taken upon the said Roads, nor of the Monies raised by virtue of this Act, shall be paid, laid out, or expended in the Repair or Improvement of any Street, Highway, or Place within the Town of Aylesbury, nor shall any Tolls be collected therein by virtue of this Act."

Consideration of Amendment put off for 6 Months.

Ordered, That the said Amendment be taken into Consideration on this Day Six Months.

Marriages validating Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to render valid Marriages solemnized in certain Churches and Chapels."

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.

Poor Removal (Jersey & Guernsey) Bill.

Hodie 2 a vice lecta est Billa, intituled, "An Act to repeal the Provisions of certain Acts relating to the Removal of vagrant and poor Persons born in the Isles of Jersey and Guernsey, and chargeable to Parishes in England; and to make other Provisions in lieu thereof."

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 on Monday next.

Bouchier et al. v. Dillon et al.

The House being informed, "That Mr. George Watkins attended, in order to deliver in Pleadings and Proceedings in the Cause wherein William Bouchier, and others, are Appellants, and Susanna Dillon, and others, are Respondents."

He was called in; and delivered the same at the Bar, and attested upon Oath they were true Copies, he having examined them with the Originals in the proper Offices in Ireland.

And then he withdrew.

Adjourn.

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