House of Lords Journal Volume 63
22 December 1830

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'House of Lords Journal Volume 63: 22 December 1830', Journal of the House of Lords: volume 63: 1830-1831, pp. 190-193. URL: http://british-history.ac.uk/report.aspx?compid=16959 Date accessed: 24 October 2014.


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Contents

Die Mercurii, 22°Decembris 1830.
Balmer v. Hogarth et al. (1st Appeal.) Balmer v. Hogarth et a (2d Appeal.) M'Neill v. M'Neill & Jollie. Interlocutors Reversed, & Cause remitted, with Directions. Galbraith v. Galbraith. Munro & Rose v. Drummond et al. M. of Westmeath v. M. of Salisbury et al. Grieve v. Wilson. Dundas & Bruce v. Dundas et al: Interlocutor Affirmed. Baird v. Ross. Rowe v. The King, Defendant's Petition for a Day for Hearing, &c. referred to Appeal Com ee. Balmer v. Hogarth et al. Respondents Petition to receive their Case, referred to Appeal Com ee. Balmer v. Hogarth, (2d Appeal,) Respondent's Petition to receive his Case, referred to Appeal Com ee. Nicol v. Sir R. W. Vaughan et al. Appellant's Petition for Time for his Case, referred to Appeal Com ee. Burntisland Whale Fishing Co. v. Trotter et al: Richardson to enter into a Recogce on it. Pentland v. Murray et al. Respondents Petition to revive, referred to Appeal Com ee. Consolidated Fund Bill (£1,850,000) read 2a, Standing Orders 26 & 155 dispensed with, & Bill passed: Patents, &c. continuing Bill: Messages to H.C. that the Lords have agreed to the 2 preceding Bills. Criminal Laws, Petition from Stockton for Revision of. Coals carried Coastwise, Petition from Stockton upon Tees for Repeal of Duty on. Administration of Justice, Piper's Petition for remedying Defects in. Slavery, Petitions for Abolition of: (Sherford:) West Alvington & South Milton: Morley: Churchstow: Thurlestone: East Allington: Kingsbridge: Charlton: Loddiswell: Stokeingham: South Pool: Chipping Norton: Leire: Broughton Astley: Slavery, Petitions from Belfast, & West India Planters, &c. for Compensation in event of Abolition of. Proceedings, East India Judicature Act. Adjourn.

Die Mercurii, 22°Decembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.
Ds. Brougham
&Vaux,
Cancellarius.
Epus. Landaven.
-
Vicecom. St. Vincent.
Vicecom. Beresford.
Vicecom. Goderich.
Ds. Melbourne, Unus Primariorum Secretariorum.
Ds. Auckland.
Ds. Farnham.
Ds. Clanbrassill.
Ds. Seaford.
Ds. Lyndhurst.
Ds. Wynford.
Ds. Durham,
C. P. S.
Dux Richmond.
March. Bute.
March. Bristol.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Northesk.
Comes Clarendon.
Comes Norwich.
Comes Rosslyn.
Comes Grey.
Comes Eldon.

PRAYERS.

The Lord Chief Baron sat Speaker by virtue of a former Commission.

Balmer v. Hogarth et al. (1st Appeal.)

The Answer of John Hogarth Esquire, late of Hilton, Berwickshire, James Hogarth, Tenant in Eccles Newton, Berwickshire, and George Hogarth, Writer to the Signet, to the Petition and Appeal of Thomas Balmer, was this Day brought in.

Balmer v. Hogarth et a (2d Appeal.)

As was also, The Answer of John Hogarth Esquire, late of Hilton, Berwickshire, James Hogarth, Tenant in Eccles Newton, Berwickshire, and George Hogarth, Writer to the Signet, to the Petition and Appeal of Thomas Balmer.

M'Neill v. M'Neill & Jollie.

The House proceeded to take into further Consideration the Cause wherein Malcolm Mac Neill Esquire is Appellant, and Mrs. Mary Black M'Neill, and Robert Jollie her Husband, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Friday the 10th as on Tuesday the 14th Days of this instant December, upon the Petition and Appeal of Malcolm Mac Neill Esquire, of Gallochilly; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 26th (signed the 30th) of May 1826; and also of an Interlocutor of the Lord Ordinary there, of the 10th of July 1828; and praying; "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem just;" as also upon the Answer of Mrs. Mary Black M'Neill, Spouse of Robert Jolly Esquire, Surgeon in Edinburgh, and the said Robert Jolly for his Interest, 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 Directions.

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 Court of Session, to ascertain what is due to the Pursuer on the Heritable Bond, with Simple Interest thereon, to be calculated on the Principal Debt, and to proceed accordingly, without Prejudice to such Claim, if any, as the said Respondents may be enabled to make for any Part of Expences of Process incurred prior to the Date of the Interlocutor of the Lord Ordinary of the 12th and signed 16th November 1825, or to the Objections which the Appellant may be enabled to make against such Claim.

Galbraith v. Galbraith.

After hearing Counsel further 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.

Munro & Rose v. Drummond et al.

Ordered, That the Cause wherein Mrs. Catharine Munro and Hugh Rose her Husband are Appellants, and Andrew Berkeley Drummond Esquire, and others, are Respondents, be further considered on the first Wednesday after the Recess at Christmas.

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

The Order of the Day being read for taking into further Consideration the Cause wherein George Thomas John Marquess of Westmeath is Appellant, and James Marquess of Salisbury, and others, are Respondents;

The Agents were ordered to be called in:

And being called in accordingly; they were asked, If they objected to the Opinion of the House being now given on the Validity of the Deed of May 1818;

The Agent for the Appellant answered that he did not;

The Agent for The Marchioness of Westmeath, One of the Respondents, said the Question took him by Surprise, and he had no Authority to consent to any thing.

The Agents were directed to withdraw.

Then the House proceeded to take the said Cause into further Consideration.

Ordered, That the further Consideration of the said Cause be put off to the first Day after the Recess at Christmas.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Grieve v. Wilson.

The House proceeded to take into further Consideration the Cause wherein John Grieve is Appellant, and Thomas Wilson is Respondent:

And Consideration being had thereof;

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

Dundas & Bruce v. Dundas et al:

The House proceeded to take into further Consideration the Cause wherein Wedderburn Dundas and Thomas Bruce junior are Appellants, and Robert Dundas Esquire, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel on Thursday the 16th Day of this instant December, upon the Petition and Appeal of Wedderburn Dundas, eldest Son and Heir at Law of the deceased General Francis Dundas, Colonel of the 71st Regiment of Foot, a Minor, and of Thomas Bruce junior, Clerk to the Signet, Edinburgh, his Tutor ad Litem; complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th of January 1829; 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 Janet Hamilton Dundas, and others; and also upon the Answer of Henrietta Dundas and Alexander Dundas, who, together with Janet Hamilton Dundas, are the younger Children of the deceased General Francis Dundas, and of Robert Dundas of Arniston, Esquire, The Right Honorable Sir William Rae Baronet, of Saint Catherines, Major General Henry Cumming, Major General Sir James Carmichael Smyth Baronet, and Sir Robert Dundas Baronet, the Trustees of the said General Francis Dundas, as Tutors and Curators of the said Children, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutor Affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House, and that the Interlocutor therein complained of, be, and the same is hereby Affirmed.

Baird v. Ross.

The House being informed, "That Robert Ross, Respondent to the Appeal of William Baird, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Thomas Darling junior, Clerk to Thomas Darling, Solicitor, of the City of Edinburgh, of the due Service of the said Order, being read;

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Rowe v. The King, Defendant's Petition for a Day for Hearing, &c. referred to Appeal Com ee.

Upon reading the Petition of Edward Savage Bailey, Agent for The King, Defendant in a Writ of Error depending in this House, wherein Richard Radford Rowe is Plaintiff; praying, "That their Lordships will be pleased to appoint a Day certain for the Hearing of this Cause; and also to determine whether or not the said Plaintiff in Error is to be brought to the Bar of their Lordships House on the Hearing of this Cause, to argue his Case in Person:"

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.

Balmer v. Hogarth et al. Respondents Petition to receive their Case, referred to Appeal Com ee.

Upon reading the Petition of John Hogarth Esquire, and others, Respondents in a Cause depending in this House, to which Thomas Balmer is Appellant; praying, "That their Lordships will be pleased to permit his Case to be received:"

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

Balmer v. Hogarth, (2d Appeal,) Respondent's Petition to receive his Case, referred to Appeal Com ee.

Upon reading the Petition of John Hogarth Esquire, Respondent in a Cause depending in this House, to which Thomas Balmer is Appellant; praying, "That their Lordships will be pleased to permit his Case to be received:"

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

Nicol v. Sir R. W. Vaughan et al. Appellant's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of William Nicol, Appellant in a Cause depending in this House, to which Sir Robert Williams Vaughan, and others, are Respondents; praying, That their Lordships will be pleased to grant to the Petitioner a Month's further Time to lay his printed Case on the Table of this House:"

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

Burntisland Whale Fishing Co. v. Trotter et al:

Upon reading the Petition and Appeal of The Burntisland Whale Fishing Company, and of James Farnie, Ship Owner in Burntisland, James Brown, Plumber in Edinburgh, Henry Armstrong, Brazier there, David Nisbet, Architect there, James Sceales, Merchant in Leith, Wood Sinclair, Cooper there, and David Halket, Insurance Broker in London, Individual Partners thereof; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 18th of October 1830; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 7th Day of December 1830, in so far as they award temporary Interdict at the Complainers Instance against them; and praying "That the same may be reversed, varied or altered, so far as complained of, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Trotter Esquire, of Ballendean; Miss Jane Davidson Broughton of Rosend; Alexander Campbell Beatson Esquire, of The Honorable East India Company's Service, presently residing in Rosend Castle; John David Anderson Esquire, residing in Burntisland; John Leven, Writer to the Signet; The Reverend Charles Watson, Minister in Burntisland, with Concurrence of the Presbytery of Kirkaldy; Miss Christian Young, residing in Burntisland; Mrs. Christian Charteris or Wemyss, residing there, Widow of the late Reverend James Wemyss, Minister of Burntisland; Misses Christian and Grace Ballantine, residing there; Mrs. Agatha Boog or Laughton, presently residing in Edinburgh; and Mrs. Janet Jamieson or Torrie, residing there, Widow of the late Patrick Torrie Esquire, of Burntisland, may be required to answer the said Appeal:"

It is Ordered, That the said William Trotter, 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 Wednesday the 19th Day of January next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Richardson to enter into a Recogce on it.

The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for the Burntisland Whale Fishing Company, and others, on account of their Appeal depending in this House, they being in Scotland:"

It is Ordered, That the said John Richardson may enter into a Recognizance for the said Appellants, as desired.

Pentland v. Murray et al. Respondents Petition to revive, referred to Appeal Com ee.

Upon reading the Petition of The Honorable James Wolfe Murray, and others, Respondents in a Cause depending in this House, to which George Pentland is Appellant, and of James Renton, Accountant in Edinburgh; praying their Lordships, "That this Appeal may be revived, it now standing abated in consequence of the recent Death of James Scott, One of the Respondents; and that the said James Renton may be added as a Party Respondent thereto, in the Stead of the said James Scott; and that the Respondents may have Leave to lodge their printed Case:"

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.

Consolidated Fund Bill (£1,850,000) read 2a, Standing Orders 26 & 155 dispensed with, & Bill passed:

Hodie 2a vice lecta est Billa, intituled, "An Act to apply the Sum of One Million eight hundred and fifty thousand Pounds, out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty; and to appropriate the Supplies granted in this Session of Parliament."

The Question was put, "Whether this Bill shall be committed?"

It was resolved in the Negative.

The House (according to Order) proceeded to take into Consideration the Standing Orders Nos. 26 and 155, relative to Bills not being read or proceeded in Twice the same Day, in order to their being dispensed with on the last-mentioned Bill:

And Consideration being had thereof accordingly;

Ordered, That the said Standing Orders be dispensed with on the said Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to apply the Sum of One Million eight hundred and fifty thousand Pounds, out of the Consolidated Fund, to the Service of the Year One thousand eight hundred and thirty; and to appropriate the Supplies granted in this Session of Parliament."

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

It was resolved in the Affirmative.

Patents, &c. continuing Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to continue for the Term of Six Calendar Months all such Commissions, Appointments, Grants or Patents of Offices or Employments, Civil or Military, as were in force at the Time of the Demise of His late Majesty King George the Fourth, and as have not been superseded, determined or made void during the Reign of His present Majesty;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Farrer and Sir Giffin Wilson;

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

Criminal Laws, Petition from Stockton for Revision of.

Upon reading the Petition of the Gentlemen, Bankers, Merchants and Inhabitants of the Town and Neighbourhood of Stockton, in the County of Durham, whose Names are thereunto subscribed; praying their Lordships "to take the Criminal Law into their Consideration, and to devise such Amendments of the same as may render it no longer obnoxious to the Charge of being extremely sanguinary in its Enactments, indiscriminate in its Inflictions, and in many respects at variance with the Demands of common Reason, sound Policy and genuine Christianity:"

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

Coals carried Coastwise, Petition from Stockton upon Tees for Repeal of Duty on.

Upon reading the Petition of the Gentlemen, Merchants, Shipowners and other Inhabitants of Stockton upon Tees, whose Name are thereunto subscribed; praying, "That their Lordships will take the necessary Steps for the Repeal of the Coast and Over-Sea Duty on Coals, so as to make the Home and Foreign Trade in this necessary Article of Life perfectly free:"

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

Administration of Justice, Piper's Petition for remedying Defects in.

Upon reading the Petition of Stephen Piper of Newmarket; praying, "That their Lordships will take the Jury Act into Consideration, and repeal or amend the same; and form some new Law, whereby Suitors in the several Courts of Chancery may have immediate Redress on Complaint against their Solicitors:"

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

Slavery, Petitions for Abolition of: (Sherford:)

Upon reading the Petition of the Inhabitants of the Parish of Sherford, in the County of Devon, whose Names are thereunto subscribed:

West Alvington & South Milton:

Also, Upon reading the Petition of the Inhabitants of the Parishes of West Alvington and South Milton, in the County of Devon, whose Names are thereunto subscribed:

Morley:

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

Churchstow:

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

Thurlestone:

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

East Allington:

Also, Upon reading the Petition of the Inhabitants of the Parish of East Allington, in the County of Devon, whose Names are thereunto subscribed:

Kingsbridge:

Also, Upon reading the Petition of the Inhabitants of the Town of Kingsbridge and its Vicinity, in the County of Devon, whose Names are thereunto subscribed:

Charlton:

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

Loddiswell:

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

Stokeingham:

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

South Pool:

And also, Upon reading the Petition of the Inhabitants of the Parish of South Pool, in the County of Devon, whose Names are thereunto subscribed; severally praying their Lordships "to enact such Laws as in their Wisdom they may see fit for promptly and equitably putting an end to the System of Slavery in the British Colonies, which the Petitioners conceive to be a cruel and unjust Oppression of their Fellow Subjects:"

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

Chipping Norton:

Upon reading the Petition of the Inhabitants of Chipping Norton and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That the Remonstrances of our Government to the Colonial Authorities against Colonial Slavery may never be remitted until a Traffic which the Laws of this Country have declared to be Piracy shall be utterly extinguished:"

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

Leire:

Upon reading the Petition of the Inhabitants of Leire, in the County of Leicester, whose Names are thereunto subscribed:

Broughton Astley:

And also, Upon reading the Petition of the Members of the Congregation of Protestant Dissenters meeting at Sutton in the Elms, in the Parish of Broughton Astley, whose Names are thereunto subscribed; severally praying their Lordships "forthwith to pass a Law for the early and utter Extinction of Slavery in the British Colonies:"

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

Slavery, Petitions from Belfast, & West India Planters, &c. for Compensation in event of Abolition of.

Upon reading the Petition of the Persons residing in Belfast and its Vicinity, interested in the Trade to the Colonies in the West Indies and in South America, or having Property there, whose Names are thereunto subscribed; praying "That their Lordships will be pleased to afford Protection to the Proprietors of Estates in the West India Colonies against the Attempts making to divest them of their Property, without due Compensation being first provided:"

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

Upon reading the Petition of the Planters, Merchants and others interested in the British West India Colonies, whose Names are thereunto subscribed; praying, "That their Lordships will refuse their Sanction to any Measure affecting the Rights of the Petitioners and their Fellow Colonists in their Slaves, until the Amount of that full and complete Indemnity and Compensation to which the Petitioners and Fellow Colonists are entitled has been ascertained, nor until an adequate Fund has been provided and set apart, in order that the Payment of the Compensation and Indemnity may be made contemporaneously with the Adoption of any such Measure; and that their Lordships will be pleased to institute an Enquiry into the Condition of the Negroes and into the State of Slavery as it now exists in the West India Colonies, which Enquiry the Petitioners feel assured will relieve both their Fellow Colonists and themselves from the Obloquy under which they now labour:"

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

Proceedings, East India Judicature Act.

The Lord Chancellor acquainted the House, That the Clerk Assistant had prepared, and laid upon the Table, A List of the Names of all the Lords who have delivered in additional Lists, in pursuance of the Directions of an Act passed in the 26th Year of His late Majesty King George the Third, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies, and for other Purposes therein mentioned."

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.