House of Lords Journal Volume 62: 20 July 1830

Die Martis, 20 Julii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Henry Viscount Hood and George Charles Lord Vernon took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Bromley v. Rocher & Casanas, in Error:

Whereas this Day was appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error brought into this House on the 6th Day of this instant July, wherein William Bromley is Plaintiff, and George Marcellus Rocher and Michael Casanas are Defendants, in order to reverse a Judgment given in the Court of King's Bench for the Defendants in Error; Counsel appearing for the said Defendants, but no Counsel for the Plaintiff in Error (who made Default):

Judgment Affirmed, with Costs:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgment given in the Court of King's Bench be, and the same is hereby Affirmed; and that the Record be remitted to the end Execution may be had thereupon as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiff do pay or cause to be paid to the said Defendants the Sum of Sixty Pounds, for their Costs sustained by reason of bringing the said Writ of Error.

The Tenor of which Judgment, to be affixed to the Transcript of the Record, is as follows:

Tenor.

"On which Day, before the same Court of Parliament aforesaid, at Westminster aforesaid, come the Parties aforesaid, by their Attornies aforesaid; Whereupon the said Court of Parliament having seen, diligently examined and fully understood, as well the Record and Process aforesaid, and the Judgments given thereupon, as the Causes and Matters aforesaid assigned by the said William Bromley as above for Error, and mature Deliberation being thereon had; It appears to the said Court of Parliament, that there is no Error, either in the Record and Proceedings aforesaid, or in the giving of the Judgment aforesaid, or in the Affirmance of the said Judgment, and that the Record is in no ways vicious or defective; Therefore it is considered by the same Court of Parliament aforesaid, that the said Judgments be in all things Affirmed, and that they stand in full force and virtue, notwithstanding the Causes and Matters aforesaid as above assigned for Error: And it is further considered by the same Court of Parliament, that the said George Marcellus Rocher and Michael Casanas recover against the said William Bromley Sixty Pounds, adjudged to the said George Marcellus Rocher and Michael Casanas by the said Court of Parliament aforesaid, according to the Form of the Statute in such Case made and provided, for their Costs, Charges and Damages which they have sustained by reason of the Delay of Execution of the Judgment aforesaid, on pretext of prosecuting the Writ of Error aforesaid: And thereupon the Record aforesaid, and also the Process had in the Court of Parliament aforesaid on the Premises, are sent back by the same Court of Parliament to the Court of the said Lord the King before the King Himself, wheresoever He shall then be in England, &c. to do Execution thereupon, &c."

Cooke et al. v. Bp. Elphin, & Lloyd, Writ of Error from Ireland, delivered.

The Lord Chancellor acquainted the House, "That the Clerk of the Parliaments had received by Post, from the Clerk of the Errors of the Court of Exchequer Chamber in Ireland, a Writ of Error wherein Samuel Cooke, Peter Free and Edward Down are Plaintiffs, and John Lord Bishop of Elphin, and The Reverend Thomas Lloyd Clerk, are Defendants, transmitted pursuant to the Provisions of an Act passed in the First Year of the Reign of His late Majesty, for the better Administration of Justice in the Court of Exchequer Chamber in Ireland."

Ordered, That the said Writ of Error do lie on the Table.

Poor Rates, Petition from Bedford for granting Plots of Land in lieu of.

Upon reading the Petition of the Gentry, Clergy and Freeholders of the County of Bedford, whose Names are thereunto subscribed; praying their Lordships "to cause an Enquiry to be instituted into the Effects which the Allotment of small Portions of Land to Cottagers may have been found to produce upon the Comforts and Morals of the Labouring Classes; and to take such Means of facilitating the Adoption of this Substitute for Parochial Relief as may, in the Wisdom of this House, appear expedient:"

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

Corporations, (Ireland,) Petition of T. Flanagan respecting.

Upon reading the Petition of Thomas Flanagan Gentleman, praying their Lordships "to repeal the Act of 21st George 2d, which renders Non-residency a Qualification for Admission to Corporate Offices, Franchise and Freedom in Ireland, upon the Grounds of Protestantism; and extend to Ireland the Act of 32d George 3d, which compels Corporate Officers to exhibit for Inspection the Corporation Books; and to dispose of the Corporation Property, Funds and Immunities, in such Way as would be conducive to the Interest of the Country, to Humanity and to Justice:"

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

Petition of Sir J. Barrington that the Minutes of Evidence may be corrected, & for further Examination of W. Richardson:

Upon reading the Petition of Sir Jonah Barrington Knight, Judge of His Majesty's High Court of Admiralty in Ireland; setting forth, "That on the Day of June last the Petitioner presented his Petition to their Lordships, praying, among other Things, that he should have the Power of inspecting and examining the Books of the High Court of Admiralty from the Year 1805 to 1815 inclusive, then in the Possession of Mr. Daniel Pineau, the Register of said Court, and which the Petitioner considered most important to his Case; which Prayer was ordered by their Lordships: That notwithstanding such Order the Rule Books were not brought over to London until Tuesday the 13th Day of July instant, nor was the Petitioner informed that they had arrived until Wednesday last, and, on the Petitioner having gone to the Parliament Office to examine the same, found Four voluminous Books which had not been previously produced, and on a cursory Inspection which the Petitioner took, he discovered many important Parts erased, altered and spoliated, which Books he has discovered are not mere Duplicates, as untruly stated to their Lordships, but differing from each other: That the Petitioner discovered Two important Erasures in one Order, purporting to be made by the Petitioner on the 8th May 1806, for the Purpose, as the Petitioner believes, of thereby reflecting on the Petitioner: That Daniel Pineau having deposed before their Lordships that the said Erasures were made in his Presence by the Petitioner, and the Petitioner having no Means of refuting the said Daniel Pineau, save by the Petitioner's own Testimony, the Petitioner has thought proper to annex to this his Petition an Affidavit, directly contradicting the Evidence of the said Daniel Pineau in respect of such Erasures: That on the 13th Day of June last, at the Request of His Majesty's Attorney General, the Case of the Petitioner was adjourned "sine Die," for the Production of Letters alleged to be in the Possession of the Petitioner: That notwithstanding the Rule Books had not been brought over according to their Lordships Order, Petitioner did, on the 2d July instant, without waiting for same, cause a Notice to be served by Mr. Bebb, the Petitioner's Solicitor, on Mr. Maule, the Solicitor to the Treasury, that Petitioner would be prepared to resume the Investigation whenever it might suit the Convenience of their Lordships: That said Adjournment being made sine Die, and for the Convenience of The Attorney General, the Petitioner conceived that he would receive due Notice when it was intended to resume such Enquiry, being unable to retain his Witnesses in Town, particularly Mr. John Charles Lyons, of great Importance to the Petitioner: That the Petitioner did not receive any Notice, directly or indirectly, when the Business of the Petitioner was to be resumed, until the Afternoon of Wednesday last, when Petitioner was incidentally informed that the same would be resumed within One Hour: That the Petitioner was taken totally unawares, and being without his Witnesses, who he did and does expect from Dublin, or even his Solicitor or Papers, he was unable to proceed to any length on that Evening; and the next Day, finding himself so exhausted as to render him unable to act further for himself, Mr. Grady, an eminent King's Counsel of Ireland, and the Petitioner's intimate Friend, kindly undertook, at less than One Day's Notice, to act for him, though without adequate Time to be duly instructed or prepared, or being informed of many Matters connected with the Proceedings: That in the Year 1815 an Order was made by His Excellency Viscount Whitworth, then Lord Lieutenant of Ireland, that William Richardson Esquire, The King's Proctor, should examine into and report as to a Sum of Two hundred Pounds, the Balance of the Proceeds of the Redstrand Derelict, claimed to be due by a Person of the Name of Witcherly, as an alleged Salvor of the said Vessel, and which Sum of Two hundred Pounds was lodged with the Registrar of the Admiralty, and the said Order of The Lord Lieutenant was made in consequence of a Petition to His Excellency of the said John Witcherly, the alleged Salvor, and the Claimant of the said Sum of Two hundred Pounds: That the said William Richardson did examine into the said Case, and, after conferring with the said Daniel Pineau upon the Subject thereof, on the 31st Day of July 1815 made his Report to His Excellency the then Lord Lieutenant of Ireland, through William Gregory, Secretary of State for Ireland, and which said Report the said William Richardson, before he sent the same to His Excellency, shewed to the said Daniel Pineau, who entirely approved of and concurred therein; by which said Report it appears that the said Two hundred Pounds was forthcoming, save Forty Pounds paid to a Salvor, one Pine Masters, on an Order made Four Years before by the Petitioner; and that the Cause of the said John Witcherly, the alleged Salvor, was tried in open Court before Ninian Mahaffy Esquire, Surrogate, on the 30th May 1815, the Petitioner having been then, and for Five Years before, residing on the Continent, and after the Examination of Witnesses, and on hearing Proctors and Advocates, and in the Presence of the said Daniel Pineau as Register, was dismissed, upon the Merits, which Cause the Petitioner sheweth could not have been heard or adjudicated on unless the Proceeds were actually in Court and tangible, as is the invariable Practice and necessary Rule of that Court, as can be distinctly shewn by the said William Richardson, and others acquainted with the said Court: That said Reference and Report, being public official Government Documents, remained in the Office of The Lord Lieutenant's Chief Secretary of Ireland for the last Fifteen Years, and that on the 30th Day of May 1829 a Copy of the said Reference and Report, attested by William Gregory Esquire, the Under Secretary of State, was transmitted from the Irish Office to London, to be given in Evidence before the Select Committee of the House of Commons; but the Petitioner sheweth, that the said William Richardson, who could depose to the aforesaid important Facts respecting the said Report, (as did also the other Witnesses who were examined before the said Committee,) returned to Ireland, and the said Enquiry before the said Committee, as far as relates to Petitioner, closed before the said Copy of said Report had arrived; and the said Report appears in the printed Appendix to the Report of the Select Committee, without the Evidence of the said William Richardson, or any other Witness who could give Evidence respecting said Report, and the Conversation which the said William Richardson had with the said Daniel Pineau, respecting the Subject Matter of said Report, and as to the said Daniel Pineau never mentioning to the said William Richardson that he then had any Claim upon the Petitioner respecting the Proceeds of the Nancy or Redstrand until about the Time of the Enquiry before the Commissioners of Enquiry: That under the Conviction that said Report, which, with other Papers, had been transmitted to their Lordships by the House of Commons, being a public official Government Document, would be received in Evidence before their Lordships on the Part of the Petitioner, and that he would be permitted to examine the said William Richardson respecting same, and the aforesaid Communication which he had had with the said Daniel Pineau, the Petitioner's Counsel on Friday Night observed upon the same in his Statement of Petitioner's Case before their Lordships, but upon offering the said Copy in Evidence the same was objected to by The Attorney General, the Original thereof not having been produced, the same being in the Possession of His Majesty's Government: That the Petitioner has caused a Notice to be served on Mr. Maule, the Solicitor to the Treasury, to produce the Originals of such Reference, Memorial and Report, or otherwise the Petitioner would give in Evidence before their Lordships the said Copy so attested by Mr. Gregory, the Under Secretary of State, as the best secondary Evidence which the Case can afford: That the Petitioner is convinced that strong and persuasive Evidence will appear from the said Report, and the Testimony of the said William Richardson respecting same, to shew that no Part of the Proceeds of the Redstrand Derelict had been drawn out or converted by the Petitioner to his own Use; and it has already appeared, upon the Cross-examination of the said Daniel Pineau, that no Part of the Proceeds of the Nancy was ever received by the Petitioner, and that the Sum he claimed from the Petitioner was on account of his own private Fund, and that neither the Public or any Individual was a Sufferer: That the Petitioner, on inspecting the Minutes of Evidence printed by Order of their Lordships, has seen with Surprise an Observation written, as alleged, in the Handwriting of Mr. Patrick Hamilton, which the Petitioner is informed was ordered to be expunged from the said Minutes, as illegal Evidence, and, though same could not be received as Evidence in any Court of Justice against the Petitioner, appears, most injurious and unjust against the Petitioner: That although a Mr. Anderson was summoned as a Witness to prove where he found some of the Documents given in Evidence, and which he brought over, he has remained in London, and has not been examined, and the Petitioner is thereby deprived of his Testimony, which the Petitioner believes to be very material to him, as the said Mr. Anderson now admits that he selected those Papers from a Ton of Papers of the late Mr. Patrick Hamilton: That the Petitioner has lately discovered a Document in the Handwriting of the said Daniel Pineau, shewing that there was some Understanding between the said Daniel Pineau and the said Mr. Anderson, on that Occasion, which the Petitioner is ready to prove;" and therefore praying their Lordships, "That the printed Minutes of the Evidence in this Case may be ordered to be amended, and the objectionable illegal Evidence struck out; and that the Petitioner may have Liberty to examine the said William Richardson very shortly as to the said Report, and as to the Admissions of the said Daniel Pineau made to the said William Richardson in these Causes:"

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

Address of H.C. respecting Sir J. Barrington agreed to:

The Order of the Day being read for taking into further Consideration the Address communicated by the Commons at the Conference on the 25th Day of May last, for the Removal of Sir Jonah Barrington from the Office of Judge of the High Court of Admiralty in Ireland; and for the Lords to be summoned;

The House accordingly proceeded to take the said Address into further Consideration.

It was moved, "That the said Address be now read."

The same was accordingly read by the Clerk as follows:

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Commons, in Parliament assembled, beg leave humbly to represent to Your Majesty, that the Office of Judge of the High Court of Admiralty in Ireland is an Office of Dignity and Importance, on the impartial and incorrupt Execution of which the Honour of the Crown, and the Protection of the Rights and Interests of many, both of Your Majesty's Subjects and of Foreigners engaged in Maritime Pursuits, greatly depend:

"That by Letters Patent under the Great Seal of Ireland bearing Date the 23d May 1797, Doctor Barrington, now Sir Jonah Barrington, was appointed to the said Office of Judge of the High Court of Admiralty in Ireland:

"That it appears to Your faithful Subjects that Sir Jonah Barrington, as Judge of the High Court of Admiralty in Ireland, did in the Years 1805 and 1806, under colour of his Official Authority, apply to his own Use Two Sums amounting to £500 9s. 2d. out of the Proceeds of the Derelict Ship 'Nancy,' then lodged in the Hands of the Registrar of that Court; and that he did in the Year 1810, in a similar Manner, apply to his own Use the Sum of £200 out of the Proceeds of the 'Redstrand' Derelict:

"That it appears to Your faithful Subjects, That Sir Jonah Barrington has been thereby guilty of serious Malversation in the Discharge of his Office of Judge of the High Court of Admiralty; and that it is unfit, and would be of bad Example, that he should continue to hold the said Office:

"We therefore humbly pray Your Majesty, That Your Majesty will be pleased to remove Sir Jonah Barrington from the Office which he holds of Judge of the High Court of Admiralty in Ireland."

Then it was moved "to agree with the Commons in the said Address, by filling up the Blank with ("Lords Spiritual and Temporal, and")

The Question was put thereupon?

It was resolved in the Affirmative.

Message to H. C. to acquaint them therewith:

Ordered, That a Message be sent to the House of Commons, to acquaint them, That the Lords have agreed to the Address of that House to His Majesty, communicated to this House at a Conference on the 25th Day of May last, and have filled up the Blank with ("Lords Spiritual and Temporal, and")

The Ld. Steward & The Ld. Chamberlain to attend His Majesty with the Address on the Part of this House: His Majesty to be waited on, to know when He will appoint to be attended therewith.

Ordered, That The Lord Steward and The Lord Chamberlain of the Household do attend His Majesty with the said Address, on the Part of this House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended with the Address of both Houses of Parliament.

Law of Libel Bill:

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to repeal so much of an Act of the Sixtieth Year of His late Majesty King George the Third, for the more effectual Prevention and Punishment of Blasphemous and Seditious Libels, as relates to the Sentence of Banishment for the Second Offence; and to provide some further Remedy against the Abuse of publishing Libels;" and for the Lords to be summoned;

It was moved, "That the House do now resolve itself into a Committee upon the said Bill."

Which being objected to;

After Debate:

Debate on Motion that the House resolve itself into a Com ee thereon, adjourned.

It was moved, "That the further Debate on the said Motion be adjourned during Pleasure."

The same was agreed to; and the further Debate on the said Motion was accordingly adjourned during Pleasure.

Forgeries Bill.

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

"To return the Bill, intituled, "An Act for reducing into One Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Beer Bill.

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

To return the Bill, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Court of Session Bill.

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

"To return the Bill, intituled, "An Act for uniting the Benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments of Scotland;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Stage Coach Proprietors Bill.

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

To return the Bill, intituled, "An Act for the more effectual Protection of Mail Contractors, Stage Coach Proprietors, and other common Carriers for Hire, against the Loss of or Injury to Parcels or Packages delivered to them for Conveyance or Custody, the Value and Contents of which shall not be declared to them by the Owners thereof;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Russell's Estate Bill returned from H.C. with an Amendment:

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

To return the Bill, intituled, "An Act to effect an Exchange of Part of the Estates in the County of Durham devised by the Will and Codicil of William Russell Esquire, deceased, for Part of the Estates comprised in the Settlement made in pursuance of the Articles upon the Marriage of The Most Honorable Charles William Vane Marquess of Londonderry with The Most Honorable Frances Anne Vane Marchioness of Londonderry;" and to acquaint this House, That they have agreed to the same, with One Amendment, to which they desire their Lordships Concurrence.

Commons Amendment agreed to.

The House proceeded to take into Consideration the Amendment made by the Commons to the last-mentioned Bill:

And the said Amendment, being read Three Times by the Clerk, was agreed to by the House.

"And, A Message was sent to the House of Commons, by Sir Giffin Wilson and Mr. Eden, to acquaint them therewith.

Law of Libel Bill, Debate on Motion that the House resolve itself into a Com ee thereon, resumed:

It was moved, "That the Debate on the Motion, "That the House do now resolve itself into a Committee upon the Bill, intituled, "An Act to repeal so much of an Act of the Sixtieth Year of His late Majesty King George the Third, for the more effectual Prevention and Punishment of Blasphemous and Seditious Libels, as relates to the Sentence of Banishment for the Second Offence; and to provide some further Remedy against the Abuse of publishing Libels," be resumed."

The same was agreed to;

And, after short Debate,

The Question was put upon the Motion, "That the House do now resolve itself into a Committee upon the said Bill?"

It was resolved in the Affirmative.

House in Com ee:

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

Bill reported:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Amendment Negatived:

Then it was moved, "in Press 2, Line 31, to leave out from ("to") to ("And") in Press 3, Line 15, and insert ("do away with all such Recognizances, Bonds and Sureties altogether; be it enacted, That all Provisions in the said Act of His late Majesty King George the Third, which require any such Recognizances, Bonds or Sureties, from any Person publishing any Newspaper, Pamphlet or Paper of the Description therein mentioned, be and the same are hereby wholly repealed")

Which being objected to;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Bill?"

"It was resolved in the Affirmative.

"DISSENTIENT:

Protest thereupon:

1.-Because, in the Words proposed to be omitted, the Amount of Recognizances, Bonds and Sureties required from Publishers of Newspapers, Pamphlets and Papers, by the 60th of George 3rd, to secure the Payment of Fines upon Convictions of any Seditious or Blasphemous Libel in the said Newspapers, Pamphlets or Papers, is considerably raised, and no Proof has been adduced, or even offered to the House, that such Libels have become more frequent or dangerous, or that the Smallness of the Recognizance required has in any one Instance contributed to the Commission of the Offence or the Impunity of the Offender. We could not, therefore, consent to encrease a Restraint on the Press which is odious in itself, and only recently known to our Law, upon the bare Allegation in the Preamble, utterly unsupported by Evidence or Argument in Debate, that it was expedient to do so.

2.-Because, by the Words proposed to be omitted, the Conditions of the new Recognizances and Bonds are extended to secure the Payment of Damages and Costs to be recovered in Actions for Libels, as well as the Payment of Fines upon Convictions on Informations and Indictments; and altho' we admit such Libels as asperse private Character, and are usually the Subjects of Action for the Recovery of Damages, to be far more injurious to Society than those of a general and publick Nature, (to the Prevention of which last the Provisions of the Statute of George 3, Cap 9, were exclusively directed,) yet we question the Prudence, Necessity and Justice of confounding, even in preventive Measures, Offences so distinct in their Motives, Malignity and Effect, as Private Calumny and Political Libel. We were therefore more disposed to look for Protection against all Inconveniences and Abuses arising from the present State of the Law of Libel, to a thorough and well-considered Revision of the Principles of that Law. And we indulged confident Hopes, that the Wisdom of Parliament might ere long devise some comprehensive Improvement in that Branch of our Criminal Jurisprudence, which would afford encreased Facility of Redress to Individuals injured by Slander and Defamation; which would exempt the Proprietors of the Press, and the Venders of printed Works from all odious and unnecessary Restraints, previous to Publication or Conviction; which would define Political Libel, and regulate the Proceedings and Punishments relating thereto; which would check or suppress the Practice of Informations, and more particularly of ex-officio Informations, against them; and which, finally, would correct that Anomaly in Law, and Solecism in Language, by which it is still contended, that in Matter of Libel there may be Guilt without Intention; that one Man may be criminally responsible for the Act of another; and that a Bookseller or Proprietor may be justly convicted and punished, for maliciously printing and publishing Works which it is proved to be physically impossible that he could have read, written, seen, heard or known of before their Publication.

3.-Because the above Words were proposed to be omitted with a view of inserting an Enactment, that all Provisions in the 60th of George 3, Cap. 9, which require from Persons publishing Newspapers, Pamphlets or Papers, any Recognizances, Bonds or Sureties whatever, should be repealed, and we were anxious to repeal such Provisions, from a Persuasion, founded on Experience, that they are inefficacious in preventing Libels, and from an Apprehension that they tend to establish a Monopoly injurious to the Interests of Truth, and to affix a Stigma of Suspicion on those concerned in the daily Press, which may discourage and deter Persons well qualified by their Station, their Virtues and their Acquirements, to give a Direction to Public Opinion, from ever engaging in such Periodical Publications.

"Vassall Holland.

"King."

To be read 3a.

Ordered, That the said Bill be read the Third Time To-morrow.

East Retford Election Bill, 9th & 10th Reports from Com ee on Expences of Witnesses.

The Earl of Shaftesbury reported from the Lords Committees appointed a Select Committee to enquire respecting the Expences of the Witnesses to the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford;" and to report from Time to Time as to what it may be proper to do therein; "That the Committee had again met, and had inspected further Accounts of Expences and Claims for Remuneration for Loss of Time of certain other of the Witnesses on the Bill who were Ordered to attend; which Accounts were laid before the Committee by Thomas Sambrooke Heptinstall, the Solicitor for the said Bill; and the Committee are of Opinion, That it is reasonable and proper that the said Witnesses should be allowed the several Sums set opposite to their Names in the annexed Abstract: The Committee had also inspected the Account of Charges and Expences of the said Solicitor for the Bill, with Fees of the Officers of this House, amounting together to the Sum of Three thousand eight hundred and seventy-seven Pounds Thirteen Shillings and Eight-pence, as revised by the Solicitors for the Treasury; and the Committee are of Opinion, That it is reasonable and proper that the said Account should be allowed.

"Abstract of Expences of certain Witnesses on the East Retford Election Bill; together with the Account of the Solicitor for the said Bill.

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

The Earl of Shaftesbury also reported from the lastmentioned Committee, "That the Committee had again met, and inspected further Accounts of Expences of certain other of the Witnesses against the said Bill who were Ordered by the House to attend; which Accounts were laid before the Committee by Charles Henry Moore, one of the Solicitors to the said Parties; and the Committee are of Opinion, That as these Witnesses had been served with the Order of the House to attend, it is reasonable and proper that they should be allowed the several Sums set opposite to their Names in the annexed Abstract.

"Abstract of Expences of certain Witnesses against the East Retford Election Bill.

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

East Retford Election Bill:

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford;" and for the Lords to be summoned;

It was moved, "That the said Order be discharged, for the Purpose of moving, "That the House do resolve itself into a Committee upon the said Bill on Friday next."

Which being objected to;

After Debate,

Debate on Motion to discharge Order for the Com ee, adjourned.

It was moved, "That the further Debate on the said Motion be adjourned during Pleasure."

The same was agreed to; and the further Debate on the said Motion was accordingly adjourned during Pleasure.

His Majesty to be attended with the Address of both Houses respecting Sir J. Barrington.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended with the Address of both Houses of Parliament; and that His Majesty hath appointed Thursday next, at Two o'Clock, at His Palace of Saint James."

Message to H.C. to acquaint them therewith:

Ordered, That a Message be sent to the House of Commons, to acquaint them, That His Majesty has appointed Thursday next, at Two o'Clock, at His Palace of Saint James, to be attended with the Address of both Houses of Parliament; and that their Lordships had Ordered The Lord Steward and The Lord Chamberlain of the Household to attend His Majesty therewith on the Part of this House; and to desire the Commons to appoint a proportionable Number of its Members to go with them.

And the Masters in Chancery not being in Attendance;

Message to be sent by Clerk Assistant & Additional Clerk Assistant:

Ordered, That the said Message be sent to the House of Commons by the Clerk Assistant and the Additional Clerk Assistant; and that they be directed to inform the Commons, That from the Absence of the usual Messengers, and the Urgency of the Case, the Lords have been induced to send them with this Message.

Commons Answer.

The Messengers being returned, acquainted the House, "That the Commons had appointed Lord Francis Leveson Gower, Sir Henry Hardinge, Sir George Warrender and Sir Alexander Grant, to go with the Lords mentioned in the said Message, to wait upon His Majesty with the said Address."

East Retford Election Bill, Debate on Motion to discharge Order for the Com ee resumed:

It was moved, "That the Debate on the Motion, "That the Order of the Day for the House to be put into a Committee upon the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford," and for the Lords to be summoned, be discharged, for the Purpose of moving, "That the House do resolve itself into a Committee upon the said Bill on Friday next," be resumed."

The same was agreed to;

And, after Debate,

The Question was put upon the Motion, "That the Order of the Day for the House to be put into a Committee upon the said Bill, be discharged?"

It was resolved in the Negative.

Then it was moved, "That the House do now resolve itself into a Committee upon the said Bill."

Which being objected to;

It was moved "to leave out from ("That") to the End of the Motion, and insert ("this House having heard the Counsel and Evidence in support of and against the Bill brought up from the Commons, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford," have read the said Bill a Second Time, and have thereby pronounced their Judgment, that the most notorious, long-continued and general Corruption in the Election of Burgesses to serve in Parliament for the said Borough has been proved: That this House are of Opinion, that the said Borough should, in consequence of such notorious, long-continued and general Corruption, be excluded from hereafter returning Burgesses to serve in Parliament: That on account of the great and encreasing Wealth, Trade and Population of the Town of Birmingham, it is, in the Opinion of this House, expedient that Two Burgesses should be returned to the High Court of Parliament to represent the said Town in lieu of the said Borough of East Retford: That the said Resolutions be communicated to the Commons at a Conference, and that their Concurrence thereto be desired.")

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Motion?"

It was resolved in the Affirmative.

House in Com ee:

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

Bill reported.

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

To be read 3a.

Ordered, That the said Bill be read the Third Time To-morrow; and that the Lords be summoned.

Administration of Justice Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for the more effectual Administration of Justice in England and Wales."

The said Amendments were read by the Clerk as follow; (vizt.)

"Pr. 1. L. 26. Leave out ("each") and insert ("either")

"L. 29. Leave out ("each") and insert ("such")

"Pr.2. L.4. After ("Term") insert ("unless in the Absence of The Lord Chief Justice or Lord Chief Baron; and that it shall and may be lawful for any One of the Judges of either of the said Courts, when Occasion shall so require, while the other Judges of the same Court are sitting in Banc, to sit apart from them for the Business of adding and justifying Special Bail, discharging Insolvent Debtors, administering Oaths, receiving Declarations required by Statute, hearing and deciding upon Matters on Motion, and making Rules and Orders in Causes and Business depending in the Court to which such Judge shall belong, in the same Manner and with the same Force and Validity as may be done by the Court sitting in Banc.")

"L. 6. Leave out ("an") and insert ("any such")

"L. 7. Leave out from ("Judge") to ("there") in Line 10.

"L. 23. Leave out ("each")

"Pr. 3. L. 19. After ("Resignation") insert ("Provided always, that the Removal of a Puisne Judge from one Court to another shall not be deemed a new Appointment under this Act")

"Pr. 4. L. 38. After ("Act") insert ("and except so far as relates to the last Warrant issued by His said late Majesty under the said Act")

"L. penult. Leave out from ("That") to ("Hilary") in Press 5, Line 4, and insert ("in the Year of Our Lord One thousand eight hundred and thirty-one and afterwards")

"Pr. 5. L. 10. Leave out ("and")

"L. 14. After ("June") insert ("and Michaelmas Term shall begin on the Second and end on the Twenty-fifth Day of November")

"L. 15. After ("and") insert ("general")

"L. 16. Leave out from ("shall") to ("until") in Line 17.

"L. 19. After ("Parliament") insert ("be as follows, that is to say, the First Essoign or General Return Day for every Term shall be the Fourth Day before the Day of the Commencement of the Term, both Days being included in the Computation; the Second Essoign Day shall be the Fifth Day of the Term; the Third shall be the Fifteenth Day of the Term; and the Fourth and last shall be the Nineteenth Day of the Term; the First Day of the Term being always included in the Computation")

"L. penult. Leave out from ("Term") to ("but") in Press 6, Line 6, and insert ("there shall be no Sittings in Banc on any of such intervening Days")

"Pr. 6. L. 10. After ("the") insert ("intervening")

"L. 12. Leave out from ("Day") to ("and") in Line 13.

"L. 20. After ("that") insert ("when the Alteration of the Terms herein-before mentioned shall take effect")

"L. 22. Leave out from ("after") to ("Trinity") in Line 23, and insert ("any") and in the same Line leave out ("Terms") and insert ("Term")

"L. 25. After ("after") insert ("any")

"L. 27. Leave out from ("after") to ("shall") in Line 28, and insert ("such Terms")

"Pr. 7. L. 5. After ("Term") insert ("Provided also, that a Day or Days may be specially appointed at any Time, not being within such Twenty-four Days, for the Trial of any Cause at Nisi Prius, with the Consent of the Parties thereto, their Counsel or Attornies")

"Pr. 8. L. 6. Leave out ("shall") and insert ("may")

"L. 32. After ("Court") insert ("and shall be of the same Force and Effect") and in the same Line leave out ("the") and insert ("a")

"Pr. 9. L. 10. Leave out from ("Term") to ("And") in Press 10, Line 30, and insert ("and in case Imprisonment shall be Part of the Sentence, to order the Period of Imprisonment to commence on the Day on which the Party shall be actually taken to and confined in Prison")

"Pr. 12. L. 18. Leave out ("shall") and insert ("may")

"L. 21. After ("appointed") insert ("as well in Term as in Vacation, and whether the Defendant be actually in Custody or not")

"L. 27. After ("Exchequer") insert ("respectively")

"L. 29. Leave out ("respectively")

"Pr. 13. L. 1. After ("as") insert ("the Jurisdiction of such Courts respectively is now exercised")

"L. 6 & 7. After ("notwithstanding") insert ("and that all Original Writs to be issued into the said several Counties of Chester, City of Chester, and Wales, shall be issued by the Cursitors for London and Middlesex")

"L. 29. After ("transferred") insert ("with all the Proceedings thereon")

"L. 32. After ("Plaintiff") insert ("or (in default of his making Choice before the last Day of next Michaelmas Term) as any Defendant")

"Pr. 16. L. 4. After ("Attornies") insert ("and Solicitors")

"L. 22. After ("Attornies") insert ("or ("Solicitors")

"L. 32. Leave out ("all Persons") and insert ("any Person")

"L. 33. Leave out ("Commissioners") and insert ("a Commissioner")

"L. 34. Leave out ("Masters") and insert ("a Master")

"L. 37. Leave out ("Lord Chancellor") and insert ("proper Officer")

"Pr. 17. L. 2. After ("such") insert ("Commissioners or")

"L. 3. After ("Extraordinary") insert ("as the Case may be")

"L. 10. Leave out from ("from") to ("And") in Line 11, and insert ("one of His Majesty's Courts at Westminster")

"L. 12. After ("the") insert (Time herein appointed for the")

"L. 23. Leave out ("Nisi Prius") and insert ("other Writs and Commissions")

"Pr. 24. L. 19. After ("Records") insert ("Muniments and Writings")

"L. 36. After ("Records") insert ("Muniments and Writings")

"L. 37. Leave out ("of such Records") and insert ("thereof")

"L. penult. Leave out ("such Records") and insert ("the same")

"Pr. 29. L. 1. Leave out from ("That") to ("the") in Line 3, and insert ("in the Year of Our Lord One thousand eight hundred and thirty-one, and afterwards")

"Pr. 30. L. 21 & 22. Leave out ("immediately")

"L. 31. After ("the") insert ("Day next after the Day of the Demise in such Declaration, whether the same shall be in") and in the same Line leave out from ("Term") to ("in") in Line 33, and insert ("or")

"L. 33. Leave out from ("Vacation") to ("with") in Line 35.

"L. 38. After ("appear") insert ("and plead thereto")

"L. penult. Leave out ("to such Declaration")

"Pr. 31. L. 1. Leave out from ("brought") to ("and") in Line 18.

"L. 19. After ("had") insert ("on such Declaration and Rules to plead entered and given")

"L. 20. After ("manner") insert ("as nearly as may be")

"L. 22. Leave out from ("before") to ("the") in Line 23.

"L. 24. Leave out from ("Term") to ("Provided") in Press 32, Line 4, and insert ("Provided always, that no Judgment shall be signed against the causal Ejector until Default of Appearance and Plea within such Ten Days, and that at least Six clear Days Notice of Trial shall be given to the Defendant before the Commission Day of the Assizes at which such Ejectment is intended to be tried") and in Line 4 leave out ("always") and insert ("also")

"Pr. 32. L. 11. After ("or") insert ("for staying or setting aside the Proceedings or")

"L. 17. & 18. After ("expedient") insert Clauses A. and B.

"Clause A. And be it further enacted, That in making up the Record of the Proceedings on any such Declaration in Ejectment, it shall be lawful to entitle such Declaration specially of the Day next after the Day of the Demise therein, whether such Day shall be in Term or in Vacation, and no Judgment thereupon shall be avoided or reversed by reason only of such special Title."

"Clause B. And be it further enacted, That in all Cases of Trials of Ejectments at Nisi Prius, when a Verdict shall be given for the Plaintiff, or the Plaintiff shall be nonsuited for Want of the Defendant's Appearance to confess Lease, Entry or Ouster, it shall be lawful for the Judge before whom the Cause shall be tried to certify his Opinion on the Back of the Record that a Writ of Possession ought to issue immediately, and upon such Certificate a Writ of Possession may be issued forthwith; and the Costs may be taxed, and Judgment signed and executed afterwards, at the usual Time, as if no such Writ had issued: Provided always, that such Writ, instead of reciting a Recovery by Judgment in the Form now in use, shall recite shortly that the Cause came on for Trial at Nisi Prius at such a Time and Place, and before such a Judge, (naming the Time, Place and Judge,) and that thereupon the said Judge certified his Opinion that a Writ of Possession ought to issue immediately."

"L. 19. After ("shall") insert ("as to all Matters not otherwise provided for")

The Eighteen First Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

The Two next Amendments made by the Committee to the said Bill, being read a Second Time, were severally disagreed to by the House.

Then the following Amendments were made by the House to the said Bill:

"Pr. 6. L. 22. Leave out ("Michaelmas") and insert ("any")

L. 23. Leave out ("and") and in the same Line leave out ("Terms") and insert ("and Michaelmas "Term")

The Twelve next Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

The next Amendment made by the Committee to the said Bill, being read a Second Time, was agreed to by the House, with the following Amendment at the End thereof; (vizt.) ("and the Process and Proceedings thereon shall be issued by and transacted with such of the Officers of the several Courts of King's Bench and Common Pleas as shall be named for that Purpose by the Chief Justices of such Courts respectively, each naming for his own Court")

The Seven next Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

The next Amendment made by the Committee to the said Bill, being read a Second Time, was disagreed to by the House.

Then the following Amendment was made by the House to the said Bill:

Pr. 16. L. 37. Leave out from ("the") to ("and") in Line penult. and insert ("proper Officer")

The Nine next Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

Then the following Clauses were added by the House to the said Bill:

Pr. 24. L. ult. After ("belong") insert Clauses A and B.

Clause A. And be it further enacted, That upon all Fines which now are or before the Commencement of this Act shall be duly acknowledged in Chester or Wales, Proclamation may be made at the successive Assizes to be holden under His Majesty's Commission within the County of Chester and Principality of Wales, before any Judge of such Assize, during the Continuance of such his Commission, in the same Manner and Form, and with the same Force and Effect, as if the same had been proclaimed before the Justices of Chester and Wales, or any of them; any Law or Usage to the contary notwithstanding."

Clause B. And be it further enacted, That all Fines and Recoveries to be levied and suffered after the Commencement of this Act, of Lands, Tenements or Hereditaments, in the County of Chester, or County of the City of Chester, or Principality of Wales, shall be levied and suffered in such and the like Manner and the same Officers shall be employed therein, as in the Case of Fines and Recoveries now levied or suffered of Lands, Tenements or Hereditaments, in any County of England, not being a County Palatine."

The Fourteen next Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

The next Amendment made by the Committee to the said Bill, being read a Second Time, was agreed to by the House, the Lettering of the Clauses being changed from A. and B. to C. and D.

The next and last Amendment, made by the Committee to the said Bill, being read a Second Time, was agreed to by the House.

To be read 3a.

Ordered, That the said Bill be read the Third Time To-morrow.

Holyhead, & c. Roads Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to alter and amend several Acts, for the Improvement of the Roads from London to Holyhead, and from London to Liverpool; and for the further Improvement of the said Roads;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Julii, horâ undecimâ Auroræ Dominis sic decernentibus.