Die Martis, 14° Decembris 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
|
|
|
Dux Cumberland. |
| Archiep. Cantuar. |
|
Ds. Brougham
& Vaux,
Cancellarius. |
|
Epus. Londinen.
Epus. Cicestrien.
Epus. Landaven.
Epus. Glocestr.
-
Vicecom. Duncan.
Vicecom. Gordon.
Vicecom. Goderich.
Ds. Melbourne, Unus Primariorum
Secretariorum.
Ds. Dacre.
Ds. Stourton.
Ds. Teynham.
Ds. King.
Ds. Monson.
Ds. Suffield.
Ds. Auckland.
Ds. Mendip.
Ds. Saltersford.
Ds. Calthorpe.
Ds. Farnham.
Ds. Ellenborough.
Ds. Sheffield.
Ds. Ormonde.
Ds. Bexley.
Ds. Somerhill.
Ds. Wharncliffe.
Ds. Fife.
Ds. Melros.
Ds. Clanwilliam.
Ds. Wynford. |
March. Lansdowne,
Præses.
Ds. Durham,
C.P.S.
Dux Norfolk,
Marescallus.
Dux Devonshire,
Camerarius.
Dux Richmond.
Dux Grafton.
Dux Brandon.
Dux Wellington.
March. Salisbury.
March. Bute.
March. Cleveland.
Comes Denbigh.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Jersey.
Comes Poulett.
Comes Northesk.
Comes Cowper.
Comes Clarendon.
Comes Carnarvon.
Comes Charlemont.
Comes Rosslyn.
Comes Gosford.
Comes Grey.
Comes Glengall.
Comes Eldon.
Comes Dudley. |
PRAYERS.
The Lord Chief Baron sat Speaker by virtue of a
former Commission.
Mac Neill v. Mac Neill & Jollie.
After hearing Counsel fully in the Cause wherein
Malcolm Mac Neill Esquire is Appellant, and Mrs. Mary
Black Mac Neill, and Robert Jollie her Husband, are
Respondents:
It is Ordered, That the further Consideration of the
said Cause be put off to Thursday next.
Earl Poulett takes the Oaths.
This Day John Earl Poulett took the Oaths, and also
took and subscribed the Oath of Abjuration, pursuant to
the Statutes.
Galbraith v. Galbraith.
After hearing Counsel, in Part, in the Cause wherein
James Galbraith and John Galbraith are Appellants, and
Richard Galbraith Esquire is Respondent:
It is Ordered, That the further Hearing of the said
Cause be put off sine Die.
The House was adjourned during Pleasure.
The House was resumed by The Lord Wynford, who
sat Speaker by virtue of a former Commission.
Macdougall v. Purrier.
The House proceeded to take into further Consideration
the Cause wherein Alexander Macdougall is Appellant,
and John Vincent Purrier is Respondent:
And Consideration being had thereof;
Ordered, That the further Consideration of the said
Cause be put off sine Die.
Taylor et al. v. Sir W. Forbes & Co:
The House proceeded to take into further Consideration
the Cause wherein Lieutenant Colonel James Taylor, and
others, are Appellants, and Sir William Forbes and Company are Respondents:
And Consideration being had thereof;
The following Order and Judgment was made:
After hearing Counsel, as well on Friday the 12th as
on Friday the 19th Days of November last; upon the
Petition and Appeal of Lieutenant Colonel (late Major)
James Taylor of the 48th Regiment of Foot; and George
M'Cullum Esquire, residing in India Street, Edinburgh,
Captain Andrew Waugh, late of the 48th Regiment,
Captain Robert Gray, also late of the said 48th Regiment,
William Girdwood, Merchant in Leith, and George
M'Cullum, Writer to the Signet, his Factors, Commissioners and Attornies; complaining of an Interlocutor
and Note of the Lord Ordinary in Scotland, of the
24th and 25th of February 1825, except in so far as it
appointed the Petitioner, before farther Answer as to the
Defenders Patrick and William Taylor, to put into Process
a particular State of his Claims against them or either of
them, and when lodged allowed them respectively to see
and answer the same; also of an Interlocutor of the said
Lord Ordinary, of the 12th of May 1825; also of an
Interlocutor and Note of the said Lord Ordinary, of the
8th of June 1825; and also of an Interlocutor of the
Court of Session, of the Second Division, of the 9th of June
1827; 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 Sir William Forbes, James Hunter
and Company, Bankers in Edinburgh, put in to the said
Appeal; and due Consideration had this Day of what
was offered on either Side in this Cause:
Interlocutors Reversed, & Cause remitted, with Instructions.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the several
Interlocutors complained of in the said Appeal be, and
the same are hereby Reversed: And it is further Ordered,
That the Cause be remitted back to the Lords of Session
in Scotland, of the Second Division, with an Instruction
to them that they do direct a Trial by Jury to be had
upon the following Issues: Whether any and what Part
of the £5000, transferred by John Taylor to a separate
Account in his own Name in 1803, subsequently transferred, in 1814, into the Name of Patrick Taylor, and
again, in 1817, transferred into an Account called the
separate Account of John Taylor and Son, has been
received by the Respondents in Payment of a Debt due
to them from the Firm of Taylor and Son? Whether,
when the Respondents received such Money, they knew
that it was Part of the Estate of John Taylor, and that
Patrick Taylor was possessed of that Money as the
Executor of the said John Taylor, and held it subject to
the Trusts declared by that Will, and that the said Trusts
were not satisfied? and that after the Trial of such Issues
the said Lords of Session of the Second Division do
proceed further in this Cause as shall be just.
Annandale Peerage, Petition of George Johnston respecting, referred to the Com ee for Privileges.
Upon reading the Petition of George Conway Montague
Levine Wade Souter Johnston, Lieutenant, 14th Regiment
of Foot; setting forth, "That the Petitioner is the only
Son of the late Lieutenant General Souter Johnston, who
had the Honor of serving His most Gracious Majesty's
Predecessors upwards of Sixty Years with distinguished
Zeal and Bravery, he having entered into the Service at
a very early Period of Life, which caused his Absence
from Great Britain for many Years, depriving him of an
Intercourse with his Relatives, and ultimately of Documents incident to his Birth and Consanguinity to the
late Marquess of Annandale, whose Successor in the
Title and Estates the Petitioner's Father became on
the Decease of his Lordship, being in the direct Male
Line: That the Petitioner's Father died leaving Petitioner in Infancy; and the Petitioner received a
Commission in His Majesty's Service as soon as the
Regulations thereof would permit, since which Petitioner has been continually on Foreign Stations, and
only on Petitioner's Return from the Birman War
(through ill Health) ascertained that various Claimants
had appeared for the Honors of Annandale: The
Petitioner has been continually labouring under the
Effects of Illness contracted in the East, which has
incapacitated Petitioner from even joining his Regiment, consequently also rendering him incapable of
proceeding to the North to procure such Evidence as
to establish Petitioner's Claim to the Marquisate of
Annandale; and the Petitioner humbly presumes to
state it was with the greatest Surprize he heard that
the Claims of Two Individuals relative to this Question
were before a Committee of Privilege of their Lordships, it being a well known Fact, both in Great Britain
and Scotland, that Petitioner is the only direct Male
Heir, the late Lieutenant General Souter Johnston,
Petitioner's Father, being Grandson of John Johnston,
only Brother of William First Marquis of Annandale, so
created the 24th of June 1701: The Petitioner most
humbly therefore clings to the Hope that their Lordships will not allow the Services of Petitioner's Father,
or his own Absence and ill Health in his Country's
Cause, to militate as a Bar to a Claim which can be
indisputably substantiated, so as to place Petitioner in
the distinguished Rank which by Birth he is entitled
to;" and therefore praying, "That their Lordships will
be pleased to consider the Statement Petitioner sets
forth-That he is the only Male Heir to the Honors
of Annandale, all other Claimants merely founding their
Pretensions through Female Branches thereto; and,
from the peculiar Circumstances of Petitioner's Father's
Absence on the Service of his Country, through which
all the important Documents relative to his Claim were
scattered and destroyed, as well as Petitioner being
from Infancy on Foreign Stations, and subsequently
from ill Health (contracted Abroad) rendered incapable of travelling to collect Evidence of his Claim,
that their Lordships therefore will be pleased, from
their high Sense of Justice, to grant Petitioner sufficient
Time to procure such Documents and Evidence as
will establish his Right to the Marquisate of Annandale:"
It is Ordered, That the said Petition be referred to
the Committee for Privileges to whom the Petition of
John James Hope Johnstone of Annandale, Esquire,
claiming the Earldom of Annandale and Hartfell, with
His Majesty's Reference thereof to this House; also the
Petition of John Henry Goodinge Johnstone Esquire, late of
Pembroke Place, in the County of Middlesex, now of Bonnington Bank near Edinburgh, to His Majesty, claiming
the Titles of Earl of Annandale and Hartfell, Viscount
of Annan, Lord Johnstone of Lochwood, Lochmaben, Moffatdale and Evandale, with His Majesty's Reference
thereof to this House; also the Petition of Sir Robert
Graham Baronet, of Walbrook, in the City of London, to
His Majesty, claiming the Titles, Honors and Dignity
of Earl of Annandale and Hartfell, Viscount Annan and
Baron Johnstone of Lochwood, Lochmaben, Moffatdale and
Evandale, with His Majesty's Reference thereof to this
House; and also the Petition of William Greig Johnstone,
lately residing in the Parish of Monikie, now in the Town
of Montrose, County of Forfar, North Britain, to His
Majesty, claiming the Title of Earl of Annandale, with
His Majesty's Reference thereof to this House, stand
referred.
Metropolis Police Act, Petition from Lambeth for Repeal of.
Upon reading the Petition of the Inhabitant Householders of the Parish of Lambeth, in the County of Surrey,
in Vestry assembled, whose Names are thereunto subscribed; praying, "That their Lordships will repeal the
Act for improving the Police in and near the Metropolis, and thereby restore to the Petitioners the ancient,
wholesome and important Privileges of which they have
been deprived by the Act referred to; remove the
anomalous Tax to which they have been subjected by
that Act; and abrogate the great, unnecessary and
unprecedented Power which has been vested by that
Act, and for the first Time, in One of His Majesty's
Principal Secretaries of State:"
It is Ordered, That the said Petition do lie on the
Table.
The House was adjourned during Pleasure.
The House was resumed by The Lord Chancellor.
Coals carried Coastwise, Petition from Torquay for Repeal of Duty on.
Upon reading the Petition of the Inhabitants of Torquay, in the County of Devon, whose Names are thereunto subscribed; praying, "That their Lordships will
take the Subject of the Tax on Coals carried Coastwise
into their most serious Consideration; and to adopt
such Measures as may seem meet, either for its Reduction or entire Abolition:"
It is Ordered, That the said Petition do lie on the
Table.
Slavery, Petitions for Abolition of: (Buntingford:)
Upon reading the Petition of the Inhabitants of the
Town of Buntingford, Hertfordshire, whose Names are
thereunto subscribed:
Cottenham:
Also, Upon reading the Petition of the Inhabitants of
the Parish of Cottenham, in the County of Cambridge,
whose Names are thereunto subscribed:
Brechin:
Also, Upon reading the Petition of the Moderator and
Remanent Members of the Presbytery of Brechin:
Inhabitants, Earl's Colne:
Also, Upon reading the Petition of the Inhabitants of
Earl's Colne and its Vicinity, whose Names are thereunto
subscribed:
Baptists, Earl's Colne:
Also, Upon reading the Petition of the Protestant
Dissenters of the Baptist Denomination assembling for
Divine Worship at Earl's Colne, Essex, whose Names are
thereunto subscribed:
Colne Engain.
And also, Upon reading the Petition of the Inhabitants
of Colne Engain and its Vicinity, whose Names are thereunto subscribed, severally praying their Lordships "to
adopt immediate Measures for putting an end to the
System of Slavery in every Dominion under the British
Crown:"
It is Ordered, That the said Petitions do lie on the
Table.
Reform of Parliament, Petition from Clerkenwell in favor of.
Upon reading the Petition of the Inhabitants of Saint
James Clerkenwell, in the County of Middlesex, agreed to
in Public Vestry; praying their Lordships, "That their
Attention may not be diverted by Anti-Slavery Petitions
from pursuing and effecting those Reforms at Home so
long solicited by the People, in order to stem that
Torrent of Pauperism which eventually will break
asunder all those Links in Society on which the Prosperity of the Country must always depend:"
It is Ordered, That the said Petition do lie on the
Table.
Slavery, Petition from Chelsea for Abolition of.
Upon reading the Petition of the Inhabitants of the
Parish of Saint Luke Chelsea, whose Names are thereunto
subscribed; praying, "That their Lordships will forthwith take such Steps as may secure the immediate and
final Extinction of Slavery in the British Colonies, and
will adopt such Measures as may fairly and honorably
meet the alleged Claims of the Planters:"
It is Ordered, That the said Petition do lie on the
Table.
Colonial Acts Validity Bill.
A Message was brought from the House of Commons,
by Sir Alexander Grant and others;
With a Bill, intituled, "An Act to render valid Acts
done by the Governor of any of His Majesty's Plantations after the Expiration of his Commission by the
Demise of His late Majesty; and to extend the Period
within which the Patents of Governors of Colonies
shall on any future Demise of the Crown become
vacant, and to provide for the longer Duration of the
Patents of Governors after the Demise of the Crown;"
to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the said Bill be read a Second Time on
Thursday next.
Whitchurch Roads Bill.
A Message was brought from the House of Commons,
by Mr. Chaplin and others;
With a Bill, intituled, "An Act for repairing, amending and maintaining the Roads from Marchwiel,
through Bangor, Worthenbury and Hanmer, to Whitchurch, and from Bangor to Malpas, and from Redbrook to Hampton, in the Counties of Denbigh, Flint,
Chester and Salop;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Civil Disabilities affecting the Jews, Petition of Jews of London for Removal of.
Upon reading the Petition of the natural-born Subjects
of His Majesty professing the Jewish Religion, resident
in and near the City of London, whose Names are thereunto subscribed; praying their Lordships "to take into
favorable Consideration the peculiar Grievances of
the Petitioners, and to adopt such Legislative Measures
for the Removal thereof as to their Lordships shall
seem meet:"
It is Ordered, That the said Petition do lie on the
Table.
Redress of Grievances, Petition for, from Southampton.
Upon reading the Petition of The Mayor and Inhabitants of the Town and County of Southampton, whose
Names are thereunto subscribed; praying, "That their
Lordships will be pleased immediately to take the State
of the Country at large into their most particular and
serious Consideration, with a view to investigate the
true Causes of the present Discontent and Commotion,
and to apply the most prompt and effectual Remedies
to the Redress of all well-ascertained Grievances;
namely, The Tithe System, the Want of Reform in
Parliament, the Misapplication of the Poor Laws, the
disgraceful Amount of the Pension and Sinecure Lists,
and the excessive Amount of Taxation, in order to
re-establish those Feelings of mutual Support and
Confidence which ought to unite all Classes of
Society:"
It is Ordered, That the said Petition do lie on the
Table.
Coals carried Coastwise, Petitions for Repeal of Duty on: (Ld. Mayor, &c. of London:)
Upon reading the Petition of The Lord Mayor, Aldermen and Commons of the City of London in Common
Council assembled; praying their Lordships "to take
such Measures for the Repeal of the Duty of Six
Shillings per Chaldron upon Sea-borne Coals as to
their Lordships shall seem meet:"
It is Ordered, That the said Petition do lie on the
Table.
Great Grimsby:
Upon reading the Petition of the Merchants, Ship
Owners and Inhabitants of Great Grimsby, in the County
of Lincoln, whose Names are thereunto subscribed:
Sunderland:
Also, Upon reading the Petition of the Coalfitters of
the Port of Sunderland, in the County of Durham, whose
Names are thereunto subscribed:
Hunmanby, &c:
Also, Upon reading the Petition of the Householders
of the several Parishes and Townships of Hunmanby,
Filey, Muston, Speeton, Reighton, Folkton, Flixton, Staxton and Willerby, in the Wapentake of Dickering, in the
East Riding of the County of York, whose Names are
thereunto subscribed:
Hull:
Also, Upon reading the Petition of the Merchants,
Ship Owners and Inhabitants of the Town of Kingston
upon Hull, whose Names are thereunto subscribed:
Sunderland. (2 Petitions.)
And also, Upon reading the Petition of the Merchants
and other Inhabitants of Sunderland, in the County of
Durham, whose Names are thereunto subscribed; severally praying their Lordships "to adopt Measures for the
Repeal of the Duty on Sea-borne Coals:"
It is Ordered, That the said Petitions do lie on the
Table.
Upon reading the Petition of the Ship Owners of the
Port of Sunderland, whose Names are thereunto subscribed; praying, "That their Lordships, seeing the
great Impolicy of the Duties on Coals carried Coastwise, and the prejudicial Effect they have upon the
Petitioners and the Ship Owners at large, will repeal
the same, and thereby afford some permanent Relief
to so large and influential a Part of His Majesty's Subjects as the Ship Owners of Great Britain:"
It is Ordered, That the said Petition do lie on the
Table.
Coals exported, Petition from Hull for Repeal of Duties on.
Upon reading the Petition of the Ship Owners, Merchants and others interested in the Trade and Commerce
of the Port of Hull, whose Names are thereunto subscribed; praying their Lordships "to adopt Measures for
the Total Repeal of all Duties on Coals exported to
Foreign Countries:"
It is Ordered, That the said Petition do lie on the
Table.
Dick v. Cuthbertson:
Upon reading the Petition and Appeal of John Dick
of Wellshall, Esquire, Advocate; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the
14th January 1829; also of so much of an Interlocutor
of the said Lord Ordinary, of the 19th December 1829,
as "finds the Title offered to the Petitioner a good and
valid Title, and finds the Letters orderly proceeded,
and the Petitioner liable in Expences from the Date of
the Lord Ordinary's Interlocutor of 14th January 1829,
first appealed from;" and also of so much of an Interlocutor of the Lords of Session there, of the Second
Division, of the 30th of November last, (signed 1st Current,) as "finds that the Suspender (Petitioner) is not
entitled to be freed and relieved of the Obligations
incumbent on him under the Articles of Sale of the
Property in question, and that the Charger's Title
thereto being now complete, a good and valid Title
has been offered to the Suspender, (Petitioner,) adheres
to the Interlocutor reclaimed against in the Suspension
in so far as that Interlocutor was reclaimed against by
the Petitioner, and refuses the Desire of the Petitioner's
Reclaiming Note, and in the Action of Declarator and
Reduction sustains the Defences, and assoilzies the
Defender from the Conclusions of the Summons, and
of new finds the Petitioner liable in the Expence found
due by the Interlocutor of 19th December 1829, and
remits to the Lord Ordinary to modify and decern for
the same;" and praying, "That the same may be
reversed, varied or altered, in so much as they are
complained of, 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
Donald Cuthbertson, Accountant in Glasgow, may be
required to answer the said Appeal:
It is Ordered, That the said Donald Cuthbertson may
have a Copy of the said Appeal, and do put in his
Answer thereunto, in Writing, on or before Tuesday the
11th Day of January next; and Service of this Order
upon the said Respondent, or upon any one of his known
Agents in the Court of Session in Scotland, shall be
deemed good Service.
Robertson to enter into a Recog ce on it.
The House being moved, "That David Robertson of
Great George Street, Westminster, Gentleman, may be
permitted to enter into a Recognizance for John Dick
Esquire, on account of his Appeal depending in this
House, he residing in Scotland:"
It is Ordered, That the said David Robertson may
enter into a Recognizance for the said Appellant, as
desired.
Com ee on the Poor Laws, Witnesses to attend.
Ordered, That John Gray Esquire, R M
Bacon Esquire, J Richardson Esquire, and William
Murton Esquire, do attend this House on the first Day
after the Recess at Christmas, to be sworn, in order to
their being examined as Witnesses before the Select
Committee appointed to consider of the Poor Laws.
Landlord's Right of Hypothec (Scotland,) Bill presented.
The Lord Chancellor presented to the House a Bill,
intituled, "An Act to regulate the Landlord's Right of
Hypothec in Scotland."
The said Bill was read the First Time.
Ordered, That the said Bill be printed.
Returns Ordered: Prices of Provisions at Greenwich & Chelsea Hospitals:
Ordered, That there be laid before this House, "A
Return of the Prices of Provisions and Necessaries, as
far as the same can be obtained, from the Books of
Greenwich and Chelsea Hospitals; distinguishing each
Year, from the Year 1795 to the Year 1830."
Lead imported:
Ordered, That there be laid before this House, "A
Return of the Quantity of Foreign Lead and Lead
Ore imported from 1st January 1830 to 1st January
1831:"
Also, "A Return of the Total Amount of Duty paid
on the same:"
And also, "A Return of the Quantity of British Lead
and Lead Ore exported during the same Period; the
Countries and Places to which such Exports have been
made, and the Periods; and from what Ports of the
United Kingdom the Exports have been made."
Processes issued in Matters of Tithes, Ireland.
Ordered, That there be laid before the House, "A
Return of the Number of Processes issued in Matters
of Tithes from the Bishops Courts in Ireland from
1st of November 1829 to 1st of November 1830:"
Also, "A Return of the Number of Decrees issued
from the same Courts in Matters of Tithes during the
same Period:"
And also, "A Return of the Costs paid upon such
Decrees."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Mercurii, decimum
quintum diem instantis Decembris, horâ undecimâ Auroræ,
Dominis sic decernentibus.