House of Lords Journal Volume 63: 10 March 1831 (2024)

Table of Contents
Die Jovis, 10° Martii 1831. E. of Strathmore v. Dundas et al. Grosvenor's Relief Bill read 2 a & Com ee negatived: Standing Orders 26 & 155 dispensed with on it, & Bill passed: Richmond Lunatic Asylum Bill: Macclesfield Road Bill: Messages to H.C. that the Lords have agreed to the 3 preceding Bills. Frauds on Creditors Bill: Message to H.C. with it. Soap Duty, Petition from Limerick for Repeal of. Lords summoned. Shipping Interest, Petition from Scarborough respecting. Reform of Parliament, Petitions in favor of: (Cambridge:) Shoreditch: Howdon Pans: Rutherglen: Newton Abbot, &c: Corbridge: Birmingham: Houghton-le-Spring. Malt Duty, Petition from Pembrokeshire for Repeal of. Population (Ireland) Bill. Peniche's Naturalization Bill. Bankrupt Act Amendment Bill. London Bridge Approaches Bill. Resolutions of The East India Co. granting Pensions, &c. & Account of Allowances to their Officers, delivered. Scot v. Ker & Johnston, Appellant's Petition for Rehearing, referred to Appeal Com ee. Poor Settlement Bill. Mutiny Bill. Winchester Road Bill. Cleeve & Evesham Road Bill. Haslemere Road Bill. Marine Mutiny Bill. Trower, Leave for a Divorce Bill: Bill read: Order for 2d Reading: Petitioner to attend. Creditors (Scotland) Bill. Lords summoned. Slavery, Petition from Cookstown for Abolition of. Coals carried Coastwise, Petition from Dartmouth for Repeal of Duty on. Union with Ireland, Petitions from Loughrea & Dublin for Repeal of. Comee on the Poor Laws, Rev. F. Faithfull to attend. Calico, &c. Duties Repeal Bill. Report of Com ee of the General Penitentiary delivered. Devon Peerage, Papers Ordered. Adjourn. References

Die Jovis, 10° Martii 1831.

DOMINI tam Spirituales quam Temporales præsentesfuerunt:

Dux Cumberland.
Ds. Brougham
& Vaux,
Cancellarius.
Archiep. Cassellen.
Epus. Bath. et Well.
Epus. Lich. et Cov.
Epus. Carliol.
Epus. Roffen.
Epus. Cestrien.
Epus. Exon.
-
Ds. Melbourne, Unus Primariorum
Secretariorum.
Ds. Dacre.
Ds. Belhaven & Stenton.
Ds. Hay.
Ds. Monson.
Ds. Suffield.
Ds. Auckland.
Ds. Selsey.
Ds. Calthorpe.
Ds. De Dunstanville & Bassett.
Ds. Farnham.
Ds. Ellenborough.
Ds. Arden.
Ds. Hill.
Ds. Penshurst.
Ds. Somerhill.
Ds. Seaford.
Ds. Fife.
Ds. Tenterden.
Ds. Melros.
Ds. Rosebery.
Ds. Wynford.
March. Lansdowne,
Præses.
Ds. Durham,
C. P. S.
Dux Grafton.
Dux Rutland.
March. Salisbury.
March. Bute.
March. Cleveland.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Ferrers.
Comes Cowper.
Comes Hardwicke.
Comes Radnor.
Comes Norwich.
Comes Carnarvon.
Comes Wicklow.
Comes Caledon.
Comes Rosslyn.
Comes Limerick.
Comes Grey.
Comes Howe.
Comes Vane.
Comes Cawdor.
Vicecom. Gordon.
Vicecom. Beresford.
Vicecom. Goderich.

PRAYERS.

E. of Strathmore v. Dundas et al.

After hearing Counsel, in Part, in the Cause whereinThomas Bowes Earl of Strathmore is Appellant, and JamesDundas, and others, are Respondents:

It is Ordered, That the further Hearing of the saidCause be put off to Thursday next, after the Causewherein The Magistrates and Town Council of the RoyalBurgh of Dundee, and others, are Appellants, and Alexander Kay and John Morton are Respondents.

Grosvenor's Relief Bill read 2 a & Com ee negatived:

Hodie 2avice lecta est Billa, intituled, "An Act torelieve The Right Honorable Robert Grosvenor fromcertain Penalties incurred by sitting and voting in theHouse of Commons without having conformed to theLaws in such Case made and provided."

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

It was resolved in the Negative.

Standing Orders 26 & 155 dispensed with on it, & Bill passed:

Then the House (according to Order) proceeded totake into Consideration the Standing Orders Nos. 26 and155, relative to Bills not being read or proceeded in Twicethe same Day, in order to their being dispensed with onthe last-mentioned Bill.

And Consideration being had thereof accordingly;

Ordered, That the said Standing Orders be dispensedwith on the said Bill.

Then the said Bill was read the Third Time.

The Question was put, "Whether this Bill shallpass?"

It was resolved in the Affirmative.

Richmond Lunatic Asylum Bill:

Hodie 3avice lecta est Billa, intituled, "An Act toamend an Act passed in the Eleventh Year of theReign of His late Majesty King George the Fourth,intituled, "An Act for appropriating the RichmondLunatic Asylum in Dublin to the Purposes of a District Lunatic Asylum."

The Question was put, "Whether this Bill shallpass?"

It was resolved in the Affirmative.

Macclesfield Road Bill:

Hodie 3avice lecta est Billa, intituled, "An Act forrepairing the Road from the Broken Cross, in Macclesfield, to Nether Tabley, in the County of Chester."

The Question was put, "Whether this Bill shallpass?"

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 3 preceding Bills.

And Messages were, severally, sent to the House ofCommons, by Mr. Harvey and Mr. Roupell;

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

Frauds on Creditors Bill:

Hodie 3avice lecta est Billa, intituled, "An Act toprevent Debtors from defrauding their Creditors bylying in Prison or absconding from England."

The Question was put, "Whether this Bill shallpass?"

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, bythe former Messengers;

To carry down the said Bill, and desire their Concurrence thereto.

Soap Duty, Petition from Limerick for Repeal of.

Upon reading the Petition of the Soapboilers ofLimerick, whose Names are thereunto subscribed; praying their Lordships "to afford them Relief by repealingthe Duty on Soap:"

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

Lords summoned.

Ordered, That all the Lords be summoned to attendthe Service of the House on Monday next.

Shipping Interest, Petition from Scarborough respecting.

Upon reading the Petition of the Ship Owners ofScarborough, whose Names are thereunto subscribed;praying their Lordships "to take their ruinous Prospectsinto their Consideration, and afford them effectualRelief by re-establishing the Navigation Laws:"

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

Reform of Parliament, Petitions in favor of: (Cambridge:)

Upon reading the Petition of the Inhabitants of theTown of Cambridge, whose Names are thereunto subscribed; praying, "That their Lordships will be pleasedto grant such a Reform in the Commons House ofParliament as may render it a just and real Representation of the People, and may prevent Bribery andCorruption as well on the Part of the Elected as ofthe Electors; and may so extend the Elective Franchise in this Town that every Inhabitant Householderand Rate Payer may be allowed to vote in the Returnof Members to the Commons House of Parliament:"

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

Shoreditch:

A Petition of the Inhabitants of Saint Leonard, Shoreditch, in Public Vestry assembled, was presented andread; praying their Lordships, "That the proposed Billfor effecting a Reform in the Representation of thePeople in the Commons House of Parliament maypass into a Law."

Ordered, That the said Petition be received as thePetition of "Henry John Sawyer Chairman," who onlyhas signed it.

Howdon Pans:

Upon reading the Petition of the Inhabitants of theTownship of Howdon Pans, in the County of Northumberland, whose Names are thereunto subscribed; prayingtheir Lordships "to take into their most serious Consideration the great Question of Parliamentary Reform,and to adopt such Measures in the Distribution of theElective Franchise as may promote the Concord andStability of the Empire:"

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

Rutherglen:

Upon reading the Petition of The Provost, Bailliesand Councillors of the Royal Borough of Rutherglen, inCouncil assembled, forming the Municipal Council ofthat Borough, under their Common Seal; praying theirLordships "to adopt such Measures as shall provide forthe Exercise of the People's Right to a full, fair andfree Representation in Parliament:"

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

Newton Abbot, &c:

Upon reading the Petition of the Inhabitants of Newton Abbot and Newton Bushel, and Places adjacent, in theCounty of Devon, whose Names are thereunto subscribed;praying their Lordships, "That they may be spared thefurther Misery of all Abuses, by such an effectual andsubstantial Reform in the Commons House of Parliament as shall give to the People their due Influencein the State:"

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

Corbridge:

Upon reading the Petition of the Freeholders andInhabitants of Corbridge, in the County of Northumberland, whose Names are thereunto subscribed; praying,"That their Lordships will concur with the presentMinisters in effecting such a Reform in the Representation as will give to the People their due Weight inthe Legislature; in reducing to the utmost practicableExtent the Expenditure of the Country; in securingour Liberty; and in preserving Tranquillity andPeace:"

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

Birmingham:

Upon reading the Petition of the Magistrates, Clergy,the High and Low Bailiffs, Bankers, Merchants, Manufacturers and other Inhabitants of the Town of Birmingham,whose Names are thereunto subscribed; praying theirLordships "to give effect to the Petitioners Wishes foramending the Representation of the People in Parliament in such Manner as is consistent with the inviolablePreservation of that relative Influence of the ThreeEstates of the Realm which forms the Basis of theBritish Constitution:"

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

Houghton-le-Spring.

Upon reading the Petition of the Inhabitants of theParish of Houghton-le-Spring, in the County of Durham,whose Names are thereunto subscribed; praying theirLordships "forthwith to institute such a Reform asshall eradicate the Corruption so long and so injuriouslypractised in the Places called Rotten Boroughs; extendthe Elective Franchise to large and populous Maritimeand Manufacturing Towns, which are at presentwithout a direct Voice in the National Councils;bestow the Right of voting on Householders payingTaxes to the State and contributing to the Support ofthe Poor; greatly diminish the Expence attendantupon contested Elections as heretofore conducted; andfix such a Rule for taking the Suffrages of Voters,whether by Ballot or otherwise, as shall be best calculated to interpose a Bar to Intimidation or undueInfluence, and to secure to those who possess thePrivilege the Opportunity of exercising it in anindependent and conscientious Manner:"

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

Malt Duty, Petition from Pembrokeshire for Repeal of.

Upon reading the Petition of the Inhabitants of theCounty of Pembroke, whose Names are thereunto subscribed; praying their Lordships, "That that mostimpolitic and oppressive Tax, the Duty on Malt, maybe totally repealed:"

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

Population (Ireland) Bill.

A Message was brought from the House of Commons,by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to extend the Provisions of an Act of the Fifty-fifth Year of the Reignof King George the Third, to provide for the taking anAccount of the Population of Ireland, and for ascertaining the Increase or Diminution thereof;" to whichthey desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Peniche's Naturalization Bill.

A Message was brought from the House of Commons,by Sir Alexander Grant and others;

To return the Bill, intituled, "An Act for naturalizingJohn Thomas Peniche;" and to acquaint this House,That they have agreed to the same, without any Amendment.

Bankrupt Act Amendment Bill.

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

With a Bill, intituled, "An Act to amend an Act ofthe Sixth Year of His late Majesty, for amending theLaws relating to Bankrupts;" to which they desire theConcurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

London Bridge Approaches Bill.

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

To return the Bill, intituled, "An Act for enlargingthe Powers of an Act passed in the Tenth Year of theReign of His late Majesty, for improving the Approachesto London Bridge;" and to acquaint this House, Thatthey have agreed to their Lordships Amendments madethereto.

Resolutions of The East India Co. granting Pensions, &c. & Account of Allowances to their Officers, delivered.

The House being informed, "That Mr. Danvers, fromthe Court of Directors of The East India Company,attended;"

He was called in; and delivered at the Bar, pursuantto the Directions of an Act of Parliament,

"Resolutions of the Court of Directors of The EastIndia Company, being the Warrants or Instrumentsgranting any Salary, Pension or Gratuity:"

And also, "An Account of the Allowances, Compensations, Remunerations and Superannuations grantedto the Officers and Servants of The East India Company."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Scot v. Ker & Johnston, Appellant's Petition for Rehearing, referred to Appeal Com ee.

Upon reading the Petition of Archibald Scot, Appellantin a Cause lately depending in this House, to which JamesKer and Henry Johnston were Respondents; settingforth, "That the Petitioner, on or about the Dayof March 1829, presented his Petition of Appeal totheir Lordships against certain Interlocutors of theLord Ordinary and of the First Division of the Courtof Session in Scotland; that is to say, the followingInterlocutor of the Lord Ordinary, made upon thePetition of the Respondents, and bearing Date the20th Day of July 1827; "The Lord Ordinary officiating on the Bills having considered this Petition,with the Writs produced, grants Warrant for citing thewithin-designed Archibald Scot to appear before theLord Ordinary officiating on the Bills, within Ten Daysafter Citation, to shew Cause why Sequestration shouldnot be awarded against him, and ordains this Petitionand Deliverance to be recorded by the Petitioners inTerms of the Statute;" and the following Interlocutorof the First Division of the Court of Session, bearingDate the 11th Day of December 1828; "The Lordshaving resumed the Consideration of this Case, andheard the Counsel for the Parties, before further Procedure, appoint the Petitioners to give in a Minute,stating the Grounds upon which they aver that theRespondent was a Bankrupt at the Period of thePetition for Sequestration being presented to the Court;the said Minute to be printed, and put into the Boxesagainst the Box Day in the ensuing Christmas Recess;and in the mean time grant Warrant for Letters ofDiligence, at the Petitioners Instance, against Havers,for recovering all Writings pertinent and material tothe Issue, and grant Commission to the Judge Ordinaryof the Bounds where the Witnesses reside to take theirDepositions, and receive Production of the Writingsto be exhibited, in common Form, to be reported theDay of next;" and the following otherInterlocutor of the same Division, bearing Date the20th Day of February 1829; "The Lords, havingadvised the Petition for Sequestration in this Case withthe revised Cases given in for the Parties, as well asthe Minute and Answers thereto, and heard the Counsel for both the Parties this Day, they repel theObjections stated to the Application, sustain theTitle of the Petitioners, and therefore sequestrate thewhole Estate and Effects of the said Archibald Scotin Terms of the Statute, appoint the Creditors tohold Two Meetings within the Crown Inn, Langholm,the one upon the 10th Day of March next, at 12o'Clock Noon, for choosing an Interim Factor, andthe other upon the 31st Day of March next, at12 o'Clock Noon, for choosing a Trustee or Trustees,as directed by the Statute; grant Commission, as prayedfor; and ordain the Petitioners to advertize the Sequestration, and Times and Place of the Meetings, in theLondon and Edinburgh Gazettes, in the usual Form:"That the Sequestration so awarded against the Petitioner was at the instance of the Leith Banking Company, of which the Respondents design themselvesManagers, and of which the Petitioner himself was atthe Time in question (as is expressly charged andadmitted by the Respondents in their Pleadings) Oneof the Partners, and such Sequestration was foundedupon a certain supposed Debt of £1,011 15s. 7d.alleged to be due by the Petitioner individually to thesaid Banking Company, that is to say, by a Partner ofthe Company to himself and the other Partners of whomthat Company consisted: That the Petitioner is advised,that in point of Law no Sequestration could be awardedagainst the Petitioner, or can legally subsist, foundedupon a Debt under such Circ*mstances, which Debt,if due at all, being due from the Petitioner individuallyto himself and the Eleven other Persons constitutingthe Partnership in question, the Sequestration is in facta Sequestration by the Petitioner against himself: Thatthe said Appeal came on for Hearing in this House onthe 6th Day of December last; but upon such Hearingthe Petitioner was shut out from the Benefit of theabove-mentioned Objection, because it then appearedthat a certain other Interlocutor in the said Cause,made by the said Court upon the 2d Day of December1828, had not been included in the Petition of Appeal:That the Interlocutor so appearing to have beenomitted in the Petition of Appeal was in the Wordsfollowing;- "The Lords, having resumed Consideration of the Cases given in by the Parties, repel theObjection proposed to the Title of the Petitioner, andappoint the Cause to be put to the Roll for advising:"That the Agent in Scotland of the Petitioner, by whomthe said Petition of Appeal was prepared, being sincedead, the Petitioner is unable to ascertain whethersuch Omission to insert the said Interlocutor in hisPetition of Appeal arose out of Inadvertence, or proceeded from an Impression in the Mind of the Agentthat it was not necessary to notice such Interlocutor,inasmuch as the subsequent Interlocutor above mentioned, which embraced the Matter of the RespondentsTitle, was included in the Petition of Appeal: Thatit further manifestly appears, upon Reference to theInterlocutor so omitted, and to the other Proceedingsin the Cause, that the Objection to the Petitioner'sTitle, repelled by the Interlocutor so omitted, relatedonly to the Circ*mstance of the said Banking Company not having complied with certain Requisites of theStatutes 7th George 4th, Chapter 67, and 7th George 4th,Chapter 46, and that the Objection so repelled had noConnection whatever with the particular Objection inthe said Petition before stated: That the Petitioner isonly desirous of obtaining substantial Justice, and anequitable Consideration of his Case: That upon a fairand just accounting between the Petitioner and theRespondents (which the Petitioner has repeatedlyoffered to enter into) it will be found that there is noDebt owing to the Respondents: That the Petitioneris not contending with an ordinary Creditor, but withhis own Partners; and the Principle of the ScotchBanks being to give no Discharge to their Debtors, thePetitioner, after his whole Estate shall have been takenfrom him by the Sequestration, would be left, duringthe Remainder of his Life, in the Power of the Respondents: That the Process of Sequestration thussought for by the Respondents will involve the Estatein a most expensive Management, and place the wholeof it within the Dominion of the Respondents, whilenone of the other Creditors of the Petitioner (who arefew in Number) take any Interest in these Proceedings,but have, on the contrary, lodged a Minute in theCourt of Session disclaiming all Concern therein: Thatthe Estate and Effects of the Petitioner of everyDescription have been secured by the Conveyanceswhich have already been executed by the Petitioner,pursuant to the Act of Sederunt of the Lords ofCouncil and Session, on his Bills of Suspension against theRespondents, and also by the Diligence of Inhibitionat the Suit of the Respondents against the Petitioner;and the Petitioner is moreover ready instantly to executeany Deeds of Trust or other Deeds by which all hisEstate shall be preserved for Division among all his justand lawful Creditors: That under such Circ*mstancesthe Petitioner submits that it would be an Act of greatHardship upon the Petitioner if he shall be subjectedto the Process of Sequestration and all its injuriousConsequences, whilst it is clear that the Respondentsare not legally entitled to issue such Process againstthe Petitioner;" and therefore praying their Lordships,That, under the peculiar Circ*mstances of this Case,they will be pleased to recall the Judgment pronounced,and to permit the Petitioner to amend his said Petitionof Appeal by inserting therein the said Interlocutorof the 2d Day of December 1828, and to order thatthe said Appeal may thereafter be reheard generally;or that their Lordships will be pleased to order the saidAppeal to be reheard upon the particular Objectionabove stated, and any others connected therewith, andto make such Alteration in the said Judgment as totheir Lordships, upon such Rehearing, shall seem just;and that the Petitioner may be heard by Counsel uponthe Matter of this Petition at their Lordships Bar, orbefore their Lordships Committee of Appeals; andthat further Proceedings in the said Sequestration mayin the mean time be stayed:"

It is Ordered, That the said Petition be referred to theCommittee appointed to consider of the Causes in whichPrints of the Appellants and Respondents Cases, nowdepending in this House in Matters of Appeals andWrits of Error, have not been delivered, pursuant to theStanding Orders of this House.

Poor Settlement Bill.

The Order of the Day being read for the SecondReading of the Bill, intituled, "An Act to explain andamend an Act of the Sixth Year of His late MajestyKing George the Fourth, as far as regards the Settlement of the Poor by the renting and Occupation ofTenements."

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 Committeeupon the said Bill on Monday next.

Mutiny Bill.

Hodie 2avice lecta est Billa, intituled, "An Act forpunishing Mutiny and Desertion; and for the betterPayment of the Army and their Quarters."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committeeupon the said Bill To-morrow.

Winchester Road Bill.

Hodie 2avice lecta est Billa, intituled, "An Act formore effectually repairing and improving the Road fromLower Saint Cross Mill Lane, on the Road from theCity of Winchester to Southampton, to Park Gate, onthe Road from Southampton to Gosport, in the Countyof Southampton."

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

L. Bp. Bath. & Wells.
L. Bp. Lichfield & Coventry.
L. Bp. Carlisle.
L. Bp. Rochester.
L. Bp. Chester.
L. Bp. Exeter.
L. Melbourne.
L. Dacre.
L. Belhaven & Stenton.
L. Hay.
L. Monson.
L. Suffield.
L. Auckland.
L. Selsey.
L. Calthorpe.
L. De Dunstanville & Bassett.
L. Farnham.
L. Ellenborough.
L. Arden.
L. Hill.
L. Penshurst.
L. Somerhill.
L. Seaford.
L. Fife.
L. Tenterden.
L. Melros.
L. Rosebery.
L. Wynford.
D. Cumberland.
L. Abp. Cashell.
L. President.
L. Privy Seal.
D. Grafton.
D. Rutland.
M. Salisbury.
M. Bute.
M. Cleveland.
E. Essex.
E. Carlisle.
E. Shaftesbury.
E. Ferrers.
E. Cowper.
E. Hardwicke.
E. Radnor.
E. Norwich.
E. Carnarvon.
E. Wicklow.
E. Caledon.
E. Rosslyn.
E. Limerick.
E. Grey.
E. Howe.
E. Vane.
E. Cawdor.
V. Gordon.
V. Beresford.
V. Goderich.

Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'Clock in the Forenoon, in thePrince's Lodgings, near the House of Peers; andto adjourn as they please.

Cleeve & Evesham Road Bill.

Hodie 2avice lecta est Billa, intituled, "An Act formore effectually repairing the Road from Albion Street,in the Town of Cheltenham, in the County of Gloucester,to Bunch Lane, in or near the Village of Bishop'sCleeve, in the said County, to join the Turnpike Roadleading from the Town of Evesham, in the County ofWorcester, to the said Town of Cheltenham."

Ordered, That the said Bill be committed to theConsideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet onthe same Day, at the same Place; and to adjournas they please.

Haslemere Road Bill.

Hodie 2avice lecta est Billa, intituled, "An Act formore effectually amending and widening the Roadfrom a Place near the Village of Milford, in the Countyof Surrey, through Haslemere, to the Forty-third MileStone at Carpenter's Heath, and from thence to aBridge near the Blue Bell Inn over Houndley's Water,at the Boundary of the said County of Surrey."

Ordered, That the said Bill be committed to theConsideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet onthe same Day, at the same Place; and to adjournas they please.

Marine Mutiny Bill.

The House (according to Order) was adjourned duringPleasure, and put into a Committee upon the Bill, intituled, "An Act for the Regulation of His Majesty'sRoyal Marine Forces while on Shore."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, anddirected him to report the same to the House, withoutany Amendment."

Trower, Leave for a Divorce Bill:

A Petition of Charles Trower Esquire, of Calcutta, FortWilliam, in Bengal, holding the Office of Collector in TheHonorable The East India Company's Service, appearingby James Taylor of Wimpole Street, in the County ofMiddlesex, his Attorney, acting under a Special Power ofAttorney; praying their Lordships, "That Leave maybe given him to bring in a Bill to dissolve the Marriagebetween the Petitioner and Amelia Catherine Trower,and to enable the Petitioner to marry again;" beingoffered to be presented to the House;

The said James Taylor was called in; and having beensworn, produced the said Power of Attorney, dated the5th Day of March 1830, and witnessed by T. Plowden;and proved the Handwriting of the said T. Plowden, thesubscribing Witness thereto.

The said Power of Attorney was read by the Clerk asfollows; (vizt.)

"To all to whom these Presents shall come, I, CharlesTrower of the Town of Calcutta in Bengal, in the EastIndies, Esquire, send greeting: Whereas my Wife,Amelia Trower, now is or lately was living in a State ofAdultery with Frederick Hodgson, now or late residingat Saint James's Place, near Saint James's Street, in theCity of Westminster, in England: And whereas I amdesirous of commencing an Action at Law against thesaid Frederick Hodgson for the Injury which I have sustained from him in this Behalf, and instituting and takingsuch Proceedings as well in the Ecclesiastical Courts inEngland, as in Parliament, for the Purpose of obtaininga Divorce from my said Wife, not only from Bed,Board and mutual Cohabitation, but also from theBond of Matrimony: Now know ye, that I, the saidCharles Trower, have made, nominated, constituted andappointed, and in my Place put and deputed, and bythese Presents do make, nominate, constitute andappoint, and in my Place put and depute, HerbertCompton, now of Calcutta, in Bengal, Esquire, but whois about to proceed to England, James Taylor of Wimpole Street, in the County of Middlesex, Esquire, andCharles Hood Chichely Plowden of York Street, Portman Square, in the County of Middlesex, Esquire, mytrue and lawful Attorneys, and each of them my trueand lawful Attorney, for me and in my Name to actin, conduct and manage all and every the Affairs,Matters and Things of me the said Charles Trower, ofand relating to the Matters aforesaid; and also for methe said Charles Trower, and in my Name, to commence such Action or Actions, Suit or Suits, againstthe said Frederick Hodgson, in relation to the Mattersaforesaid, for Damages or otherwise, as to them shallseem meet, and the same Action or Actions, Suit orSuits, to prosecute or follow, or to discontinue or become Nonsuit therein, if my said Attorneys or Attorneyshall see Cause; and also for me the said CharlesTrower, and in my Name, to use and take all suchlawful Ways and Means for the recovering, receiving,obtaining and getting in any such Sum or Sums ofMoney or other Things whatsoever as may be adjudgedto be paid to me by the said Frederick Hodgson; andalso for me, and in my Name, to sign, seal and executeany Proxy or Proxies to any Proctor or Proctors of theArches Court of Canterbury, or other Courts, for me,and in my Name, to appear before any Judge of thesaid Arches Court of Canterbury, or other Courts, andestablish such Proxy, and procure the same to be dulyadmitted and enacted; and for me, and in my Name,to cause and procure the said Amelia Trower to be dulycited and called to appear in Judgement before theJudge aforesaid, to answer in a Cause or Suit forDivorce or Separation from Bed and Board andmutual Cohabitation, at the Suit of me the said CharlesTrower, and the said Cause or Suit to prosecute according to the Rules and Practice of the said Court; andgenerally for me, and in my Name, to do and performall such Acts, Matters and Things as shall be necessaryon my Part and Behalf towards procuring a DefinitiveSentence or final Decree to be read, signed, promulgated and given on my Behalf: And I hereby furtherauthorize and empower my said Attorneys and Attorney, for me and in my Name, to commence, institute,prosecute and adopt such Proceedings as may bedeemed necessary for the Purpose of obtaining an Actof Parliament that the said Amelia Trower be divorcedfrom the Bond of Matrimony with me the said CharlesTrower, with the usual Provisions in such Cases, andgenerally for me the said Charles Trower to do all andevery or any Acts, Deeds, Matters and Things in andrelating to the Matters aforesaid, as amply and effectually, to all Intents and Purposes, as I, the said CharlesTrower, could do or have done in my own properPerson, if these Presents had not been made; I, thesaid Charles Trower, hereby ratifying and confirming,and promising and agreeing to ratify and confirm, alland whatsoever my said Attorneys or Attorney shalllawfully do or cause to be done in or about the Premises aforesaid by virtue hereof: And for the betterdoing, performing and executing of all and any of theMatters and Things aforesaid, I, the said CharlesTrower, do hereby further give and grant to my saidAttorneys and Attorney full Power and Authority tosubstitute and appoint, and in their or his Place orStead to put and depute, One or more Attorneys orAttorney or any Proctors or Proctor, for me the saidCharles Trower, and as my Attorney or Attorneys,Proctor or Proctors, and any such Appointment orAppointments, Attorney or Attorneys, Proctor orProctors, from Time to Time to revoke or displace,and any other or others in his or their Place orPlaces to substitute or appoint, as they or he mysaid Attorneys or Attorney shall from Time to Timethink fit. In Witness whereof I, the said CharlesTrower, have hereunto set my Hand and Seal thisFifth Day of March in the Year of Our Lord Onethousand eight hundred and thirty.

"C. Trower." (L. S.)
"Signed, sealed and delivered
in the Presence of
T. Plowden."

Then Mr. Francis Lavie was called in; and having been sworn, delivered a Copy of the Proceedings for a Divorce a Mensâ et Thoro, and the Definitive Sentence thereon, in the Consistory Court of The Bishop of London, intituled,"Trower against Trower;" which he said he had examined with the Originals, and that the same were trueCopies.

And then he withdrew.

Ordered, That the said Proceedings and Sentence dolie on the Table.

Then the said Petition was presented and read.

Ordered, That Leave be given to bring in a Bill,according to the Prayer of the said Petition.

Bill read:

Accordingly, The Earl of Shaftesbury presented to theHouse a Bill, intituled, "An Act to dissolve the Marriage of Charles Trower Esquire with Amelia CatherineTrower his now Wife, and to enable him to marryagain; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Order for 2d Reading:

Ordered, That the said Bill be read a Second Time onFriday the 25th of this instant March, and that Noticethereof be affixed on the Doors of this House, and theLords summoned; and that the said Charles Trower maybe heard by his Counsel, at the said Second Reading, tomake out the Truth of the Allegations of the Bill; andthat the said Amelia Catherine may have a Copy of thesaid Bill, and that Notice be given her of the said SecondReading; and that she be at liberty to be heard by herCounsel what she may have to offer against the said Billat the same Time.

Petitioner to attend.

Ordered, That Charles Trower Esquire do attend thisHouse on Friday the 25th of this instant March, in orderto his being examined upon the Second Reading of theBill, intituled, "An Act to dissolve the Marriage of CharlesTrower Esquire with Amelia Catherine Trower his nowWife, and to enable him to marry again; and for otherPurposes therein mentioned," if the House shall thinkfit, whether there has or has not been any Collusion,directly or indirectly, on his Part, relative to any Act ofAdultery that may have been committed by his Wife; orwhether there be any Collusion, directly or indirectly,between him and his Wife, or any other Person or Persons, touching the said Bill of Divorce, or touching anyProceedings or Sentence of Divorce had in the Ecclesiastical Court at his Suit, or touching any Action atLaw which may have been brought by him against anyPerson for Criminal Conversation with his the said CharlesTrower's Wife; and also whether, at the Time of theAdultery of which he complains, his Wife was, by Deedor otherwise, by his Consent, living separate and apartfrom him, and released by him, as far as in him lies, fromher conjugal Duty, or whether she was, at the Time ofsuch Adultery, cohabiting with him, and under the Protection and Authority of him as her Husband.

Creditors (Scotland) Bill.

Hodie 2avice lecta est Billa, intituled, "An Act tocontinue, until the Fifth Day of July One thousandeight hundred and thirty-two, an Act of the Fiftyfourth Year of His Majesty King George the Third,for rendering the Payment of Creditors more equaland expeditious in Scotland."

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committeeupon the said Bill To-morrow.

Lords summoned.

Ordered, That all the Lords be summoned to attendthe Service of the House on Tuesday next.

Slavery, Petition from Cookstown for Abolition of.

Upon reading the Petition of the Inhabitants of Cookstown and its Vicinity, in the County of Tyrone, whoseNames are thereunto subscribed; praying, "That theirLordships will at once take decisive and effectualMeasures for the immediate Extinction of Slavery inthe British Colonies:"

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

Coals carried Coastwise, Petition from Dartmouth for Repeal of Duty on.

Upon reading the Petition of the Inhabitants of theBorough of Clifton Dartmouth Hardness, in the County ofDevon, whose Names are thereunto subscribed; prayingtheir Lordships, "That the unequal and unjust Tax onCoals and Culm carried Coastwise may be immediatelyand totally repealed:"

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

Union with Ireland, Petitions from Loughrea & Dublin for Repeal of.

Upon reading the Petition of the Inhabitants of theTown and Parish of Loughrea, County of Galway, Ireland, whose Names are thereunto subscribed; prayingtheir Lordships "to take into their most serious Consideration the Measure of the Legislative Unionbetween Great Britain and Ireland, with a view to itsimmediate Repeal:"

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

Upon reading the Petition of the Apprentices of theUnited Branches of the Silk Trade in the City of Dublin,whose Names are thereunto subscribed; praying theirLordships "to raise Ireland from her present calamitousCondition, and enable a generous and noble People tolegislate for themselves:"

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

Comee on the Poor Laws, Rev. F. Faithfull to attend.

Ordered, That The Reverend Francis Faithfull doattend this House on Tuesday next, to be sworn, in orderto his being examined as a Witness before the SelectCommittee appointed to consider of the Poor Laws.

Calico, &c. Duties Repeal Bill.

A Message was brought from the House of Commons,by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to repeal the Dutiesand Drawbacks on printed Calicoes, Linens andStuffs;" to which they desire the Concurrence of thisHouse.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second TimeTo-morrow.

Report of Com ee of the General Penitentiary delivered.

The House being informed, "That Mr. Auld, fromthe General Penitentiary at Millbank, attended;"

He was called in; and delivered at the Bar, pursuantto the Directions of an Act of Parliament,

"Report of the Committee of the General Penitentiaryat Millbank for the Reception of Convicts."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Devon Peerage, Papers Ordered.

Ordered, That the proper Officer do forthwith transmitto this House a Copy of the Act of Parliament of theEleventh of King Richard the Second for the Attainderof Vere Earl of Oxford; also a Copy of the Act of Parliament of the Twenty-first of King Richard the Secondfor the Restitution of Vere Earl of Oxford; and also aCopy of the Act of Parliament of the Sixteenth of KingRichard the Second, restoring the Lands of Robert deVere Duke of Ireland and Earl of Oxford.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentumcontinuandum esse usque ad et in diem Veneris, undecimum diem instantis Martii, horâ decimâ Auroræ, Dominissic decernentibus.

House of Lords Journal Volume 63: 10 March 1831 (2024)

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