House of Lords Journal Volume 63: 28 June 1831

Die Martis, 28° Junii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

E. of Shaftesbury chosen Speaker pro tempore.

The Lord Chancellor not being present, and The Lord Tenterden and The Lord Wynford, appointed Speakers by His Majesty's Commissions, being absent, the Lords unanimously chose The Earl of Shaftesbury to be Speaker pro tempore; and his Lordship took his Seat upon the Woolsack accordingly.

PRAYERS.

Hunter v. Cochrane's Trustees.

The Answer of The Honorable Mrs. Carolina Cochrane, Relict of The Honorable Basil Cochrane of Portman Square, in the County of Middlesex; Nathaniel Gostling of Doctors Commons, in the City of London, Esquire; Augustus Gostling of Doctors Commons aforesaid, Doctor of Laws; Nathaniel Day Cochrane Esquire, Captain in the Royal Navy; and Thomas Hoseason of Banklands, in the County of Norfolk, Esquire, Trustees under the Deed of Settlement executed by the said Honorable Basil Cochrane deceased, to the Petition and Appeal of George Hunter Esquire, of Callender, was this Day brought in.

Bp. of Cork & Ross takes the Oaths.

This Day Samuel Lord Bishop of Cork and Ross took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Hebeler's Naturalization Bill, Certificate & Petitioner's Attendance dispensed with, &c. & Bill read 2 a, & committed.

Upon reading the Petition of Bernhard Hebeler; setting forth, "That in the last Session of Parliament a Bill was presented, on the Petition of the Petitioner, for his Naturalization: That on the 18th Day of April last the Certificate of One of His Majesty's Secretaries of State, touching the good Conduct of the Petitioner, having been read, the Petitioner attended and took the usual Oaths at the Bar of this House; and the Bill was then read a Second Time, and committed: That on the 19th Day of April the Petitioner attended the Committee on the said Bill, and testified his Consent thereto; and the said Bill was forthwith reported to the House, without any Amendment, and ordered to be ingrossed; and was read a Third Time and passed this House on the 20th Day of April: That by reason of the Prorogation of Parliament on the 22d Day of the said Month of April, and its subsequent Dissolution, no further Proceedings could be had on the said Bill: That on the 24th Day of this present Month of June a Bill for the Naturalization of the Petitioner, in the same Words as the said former Bill, was, on the Petition of the Petitioner, presented to their Lordships, and read a First Time;" and therefore praying their Lordships, "That The Secretary of State's Certificate, and the Petitioner's Attendance to take the Oaths, may on this Occasion be dispensed with, and that the said Bill may forthwith be read a Second Time; and that the Minutes of the former Committee may be received as Evidence of the Petitioner's Consent to the said Bill:"

It is Ordered, That The Secretary of State's Certificate, and also the Petitioner's Attendance to take the Oaths, be dispensed with; and that the Minutes of the former Committee be received as Evidence of the Petitioner's Consent to the present Bill, as desired.

Then the said Bill was read a Second Time.

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

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

Tweddal & Goudie v. Fleming:

Upon reading the Petition and Appeal of Jane Tweddal, sometime residing in Kilbride, with the special Advice and Consent of Adam Goudie, Tailor in Calton of Glasgow, her Husband; and the said Adam Goudie for his own Right and Interest; complaining of an Interlocutor of the Sheriff of Lanarkshire, of the 31st Day of March 1824, in so far as Interdict was thereby granted; also of Nine Interlocutors of the said Sheriff, of the 18th June 1824, 6th August 1824, 12th October 1824, 12th November 1824, 28th February 1826, 10th March 1826, 4th April 1826, 8th May 1826 and 1st June same Year; and also of an Interlocutor of the Lords of Session in Scotland, of the First Division, of 2d December 1828, and signed 3d December; 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 Doctor John Barrie, now assuming the Name of John Barrie Fleming, may be required to answer the said Appeal:"

It is Ordered, That the said Doctor John Barrie Fleming may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 26th Day of July next; and Service of this Order upon the said Respondent, or upon any one of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Appellants to prosecute in formâ Pauperis.

Upon reading the Petition of Jean Tweddal, sometime residing in Kilbride, with the special Advice and Consent of Adam Goudie, Tailor in Callon of Glasgow, her Husband; and the said Adam Goudie for his Interest; praying, "That their Lordships will be pleased to ordain them to be admitted to appear as Appellants in this Cause in formâ Pauperis, and assign them for their Counsel and for their Solicitor Thomas Deans:"

It is Ordered, That the said Appellants be allowed to prosecute their said Appeal in this House in formâ Pauperis, as desired.

Tweddal & Goudie v. Fleming et al:

Upon reading the Petition and Appeal of Jane Tweddal, sometime residing in Kilbride, with the special Advice and Consent of Adam Goudie, Tailor in Calton of Glasgow, her Husband; and the said Adam Goudie for his own Right and Interest; complaining of an Interlocutor or Judgment of the Lords of Session in Scotland, of the First Division, of the 2d of December 1828; and praying, "That the same may be reversed, varied or altered, 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 Doctor John Barrie, now assuming the Name of John Barrie Fleming, and James Cook, and the Representatives of the latter, may be required to answer the said Appeal:"

It is Ordered, That the said Doctor John Barrie Fleming, 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 Tuesday the 26th Day of July 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.

Appellants to prosecute in formâ Pauperis.

Upon reading the Petition of Jean Tweddal, sometime residing in Kilbride, with the special Advice and Consent of Adam Goudie, Tailor in Calton of Glasgow, her Husband; and the said Adam Goudie for his Interest; praying, "That their Lordships will be pleased to ordain them to be admitted to appear as Appellants in this Cause in formâ Pauperis, and assign them for their Counsel and for their Solicitor Thomas Deans:"

It is Ordered, That the said Appellants be allowed to prosecute their said Appeal in this House in formâ Pauperis, as desired.

Eiston v. Houston.

Upon reading the Petition and Appeal of John Eiston, Mason in Ayr; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, dated the 10th Day of June current; and praying, "That the same may be reversed, varied or altered, 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 Margaret Houston Widow may be required to answer the said Appeal:"

It is Ordered, That the said Margaret Houston may have a Copy of the said Appeal, and do put in her Answer thereunto, in Writing, on or before Tuesday the 12th Day of July next; and Service of this Order upon the said Respondent, or upon any one of her known Agents in the Court of Session in Scotland, shall be deemed good Service.

Macdonell v. Turner:

Upon reading the Petition and Appeal of Mrs. Catherine Macdonell otherwise Mactavish, Relict and Executrix of the deceased John Mactavish, Solicitor in Inverness; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 12th February 1831, in so far as it finds no Expences due to the Petitioner; and praying, "That the same may be reversed, varied or altered so far as complained of, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Ainslie Turner, Accountant in Edinburgh, may be required to answer the said Appeal:"

It is Ordered, That the said William Ainslie Turner may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 26th Day of July next; and Service of this Order upon the said Respondent, or upon any one of his Agents in the Court of Session in Scotland, shall be deemed good Service.

Macqueen to enter into a Recog ce on it.

The House being moved, "That John Macqueen of Little George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Mrs. Catherine Macdonell otherwise Mactavish, on account of her Appeal depending in this House:"

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

Carvalho's Naturalization Bill, Certificate & Petitioner's Attendance dispensed with & Bill read 2 a, & committed.

Upon reading the Petition of Custodio Pereira de Carvalho of Allsop Terrace, in the Parish of Saint Maryle-bone, in the County of Middlesex; setting forth, "That in the last Session of Parliament the Petitioner presented to their Lordships a Petition, setting forth, That the Petitioner was born in the Parish of Santao, in the Province of Minho, in the Kingdom of Portugal, out of His Majesty's Allegiance, and hath given Testimony of his Loyalty and Fidelity to His Majesty, and to the Good of this United Kingdom; and praying, that Leave might be given to bring in a Bill for his Naturalization: That their Lordships were pleased to give Leave to bring in a Bill according to the Prayer of the said Petition; and on the 21st Day of April last (the Certificate of His Majesty's Principal Secretary of State, touching the good Conduct of the Petitioner, having been read,) the Petitioner duly took the Oath prescribed by Law at the Bar of this House, and the Bill was then read a Second Time, and committed; but the further Proceedings on the said Bill were stayed by the Prorogation of Parliament: That on the 27th Day of this present Month of June a Bill for the Naturalization of the Petitioner, in the Words of the said former Bill, was, on the Petition of the Petitioner, presented to their Lordships, and read a First Time;" and therefore praying their Lordships, That another Certificate from The Secretary of State, and the Petitioner's further Attendance to take the Oath, may on this Occasion be dispensed with; and that the said Bill may forthwith be read a Second Time:"

It is Ordered, That The Secretary of State's Certificate, and also the Petitioner's further Attendance to take the Oath, be dispensed with, as desired.

Then the said Bill was read a Second Time.

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

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

Ld. Sinclair's Estate Bill presented.

The Earl of Shaftesbury presented to the House (pursuant to an Order of Leave of Yesterday) a Bill, intituled, "An Act to empower the Judges of the Court of Session in Scotland to sell such Part of the Entailed Lands and Barony of West Nisbet, in the County of Berwick, now belonging to Charles Carre Lord Sinclair, as shall be sufficient for Payment of the Provisions, Debts and Incumbrances affecting the same."

The said Bill was read the First Time.

Oswald's Estate Bill presented.

The Earl of Shaftesbury presented to the House (pursuant to an Order of Leave of Yesterday) a Bill, intituled, "An Act to exonerate the Trustees of Richard Oswald of Auchincruive, Esquire, for Advances of Money made by them to Richard Alexander Oswald Esquire, now of Auchincruive, and applied in executing Improvements, as well upon the Entailed Estates left by the said Richard Oswald, as the Fee-Simple Estates acquired by the said Trustees, and partly entailed by them; and to enable the said Trustees to discharge a Part of the Debts incurred by the said Richard Alexander Oswald in improving the said Estates."

The said Bill was read the First Time.

Moray's Estate Bill presented.

The Earl of Shaftesbury presented to the House (pursuant to an Order of Leave of Yesterday) a Bill, intituled, "An Act for vesting the Entailed Estates of Abercairney, and others, in the County of Perth, belonging to James Moray of Abercairney, Esquire, in Trustees, to sell the same, or so much thereof as may be necessary, and to apply the Price arising therefrom in the Payment of the Debts affecting or that may be made to affect the said Lands and Estates."

The said Bill was read the First Time.

D. of Hamilton's Estate Bill presented.

The Earl of Shaftesbury presented to the House (pursuant to an Order of Leave of Yesterday) a Bill, intituled, "An Act to enable The Most Noble Alexander Duke of Hamilton and Brandon, and the Heirs of Entail of the Lands and Barony of Kinneil, in the Shire of Linlithgow, to charge the Sleeches or Land to be gained from the Sea opposite the said Barony with the Expences laid out in gaining the same."

The said Bill was read the First Time.

Giles v. Grover & Pollard, in Error, Judges to attend.

Ordered, That the Errors assigned upon the Writ of Error wherein Daniel Giles Esquire is Plaintiff, and Harry Grover and James Pollard are Defendants, be argued by Counsel at the Bar on Monday next; and that the Judges do then attend.

Mellish v. Richardson, in Error, Judges to attend.

Ordered, That the Errors assigned upon the Writ of Error wherein William Mellish is Plaintiff, and George Richardson is Defendant, be argued by Counsel at the Bar on Monday next; and that the Judges do then attend.

Petition of Governors of Birmingham Grammar School to present a similar Bill to their former, referred to a Com ee.

Upon reading the Petition of the Governors of the Possessions, Revenues and Goods of the Free Grammar School of King Edward the Sixth, in Birmingham, in the County of Warwick, under their Common Seal; The Reverend John Cooke Clerk, the Pedagogue or Head Master of the said Free Grammar School; and The Reverend Rann Kennedy Clerk, the Sub-Pedagogue or Usher of the said Free Grammar School; setting forth, "That the Petitioners presented a Petition to this House in the last Session of Parliament, praying Leave to bring in a Private Bill for the Purposes therein mentioned; which Petition their Lordships were pleased to refer to the Consideration of The Lord Chief Justice of the Court of Common Pleas and Mr. Baron Vaughan, who, having considered the same, a Report thereon, and a Bill, intituled, "An Act to enable the Governors of the Possessions, Revenues and Goods of the Free Grammar School of King Edward the Sixth, in Birmingham, in the County of Warwick, to erect a School House, Masters Houses, and other suitable Accommodations for the said School, on a new Site in the Vicinity of the Town of Birmingham, and to extend the Objects of the Charity; and for other Purposes," signed by the said Judges, were presented to their Lordships: That the said Bill so entitled passed this House, but by reason of the Dissolution of Parliament did not pass the House of Commons;" and therefore praying their Lordships, "That Leave may be given to present a Bill in the same Words as the former Bill so passed by this House in the last Session of Parliament; or that such Order may be made on behalf of the Petitioners as to their Lordships shall seem meet:"

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees aforenamed, to examine and report whether any Alteration hath taken place in the State or Interest of the Parties since the Proceedings on the said former Petition and Bill were stayed by the Prorogation of the last Parliament.

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

Miller et al. v. Moodie:

Upon reading the Petition and Appeal of John Miller, Baker in London; William Roy of Pentoul, Tenant of the Farm of Condie; and William Thomson, Writer in Kinross; complaining of Two Interlocutors of the Lords of Session in Scotland, of the First Division, of the 4th of March and 14th of May 1831; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Mrs. Amelia Moodie or Anderson Widow may be required to answer the said Appeal:"

It is Ordered, That the said Mrs. Amelia Moodie or Anderson may have a Copy of the said Appeal, and do put in her Answer thereunto, in Writing, on or before Tuesday the 26th Day of July next; and Service of this Order upon the said Respondent, or upon any one of her known Agents in the Court of Session in Scotland, shall be deemed good Service.

Crawfurd to enter into a Recog ce on it.

The House being moved, "That Robert Maclintok Crawfurd of Lincoln's Inn Fields, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for John Miller, and others, on account of their Appeal depending in this House:"

It is Ordered, That the said Robert Maclintok Crawfurd may enter into a Recognizance for the said Appellants, as desired.

J. & L. Booth v. Booth & Black.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Booth junior and Livingston Booth are Appellants, and Mrs. Rachael Booth or Black and Doctor Alexander Black her Husband are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Bray v. Malkin et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein The Reverend Bidlake Bray is Appellant, and Alexander Malkin, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Baillie v. Grant, Petition to revive, referred to Appeal Com ee.

Upon reading the Petition of Mrs. Catherine Baillie, Widow and Executrix of Alexander Baillie, late Appellant in a Cause depending in this House, to which Margaret Grant is Respondent; setting forth, "That Alexander Baillie the Appellant, since deceased, presented his Petition of Appeal to their Lordships on the 29th May 1830, complaining of an Interlocutor of the Lords of the First Division of the Court of Session in Scotland, bearing Date the 20th Day of May 1830; and praying, that their Lordships would be pleased to reverse, vary or alter the said Interlocutor, as to their Lordships should seem meet: That the Respondent duly put in her Answer to the said Petition of Appeal: That the Cases of the Appellant and the Respondent were lodged with the proper Officer of their Lordships; and their Lordships were pleased, by an Order bearing Date on or about the 26th Day of November last, to order that the said Petition of Appeal be heard at the Bar of this House on the first Day of Causes after Christmas then next following: That before the Time appointed by their Lordships for the Hearing of the said Petition of Appeal the Appellant died at Edinburgh, on the 12th Day of December last, leaving the Petitioner his Widow, and Five Daughters, him surviving: That the said Appellant duly made his Will, whereby he nominated and appointed the Petitioner Executrix thereof: That by the Death of the said Appellant the said Appeal became abated;" and therefore praying their Lordships, "That the said Appeal may be revived, and be in the same Plight and Condition as the same was in at the Time of the Death of the said Appellant; and that the Petitioner may be at liberty to prosecute the said Appeal; and that the same may be set down for hearing on a Day when The Lord High Chancellor will preside in this House on Appeal Cases:"

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.

Sir R. W. Vaughan v. Lady C. S. Hamilton et al,

Upon reading the Petition and Appeal of Sir Robert Williams Vaughan of Nannaw, in the County of Merioneth, Baronet, surviving Trustee of the deceased Lady Essex Ker, Daughter of Robert Duke of Roxburgh; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 21st November 1828; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 10th February 1829; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Lady Charlotte Sophia Baillie Hamilton, George Baillie Hamilton, Alexander Earl of Home, Thomas Lord Binning, now Earl of Haddington, George Baillie and John Tod, Trustees and Executors of The Reverend Charles Baillie Hamilton; Sir William Scott, and Warren Hastings Sands, as Trustee of Sir Henry Hay M'Dougall, may be required to answer the said Appeal:"

It is Ordered, That the said Lady Charlotte Sophia Baillie Hamilton, 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 Tuesday the 26th Day of July 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.

1st Report from Appeal Com ee,

The Earl of Shaftesbury reported from the Lords Committees 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; and to report to the House; and to whom were referred certain Petitions in the following Causes; Simson and another against Jones and another; Messieurs Leys, Masson and Company against James Ochoncar Lord Forbes and others; Burns against Stewart; Hunter against Roughead and others; Cathcart against Sir John Andrew Cathcart Baronet and another; Clyne against Sclater and others; Bray against Malkin and others; Gardiner against Simmons; Flowerdew against The Dundee, Perth and London Shipping Company; Wilson against William Baron Kensington and another; Hunter against the Trustees of The Honorable Basil Cochrane; Dick against Cuthbertson, et e contra; Messieurs John and William Dixon against The Company of Proprietors of the Monkland Navigation, et e contra; Scott against Alnutt; Cabbell and others against Brock; and The Burntisland Whale Fishing Company against Trotter and others; "That the Committee had met, and considered the Respondents Petitions in the Causes Simson and another against Jones and another, Messieurs Leys, Masson and Company against James Ochoncar Lord Forbes and others, Burns against Stewart, Hunter against Roughead and others, Cathcart against Sir John Andrew Cathcart Baronet and another (2d Appeal,) Clyne against Sclater and others (1st Appeal,) Bray against Malkin and others, and Gardiner against Simmons, severally praying their Lordships for Leave now to lodge their printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may respectively be allowed now to deliver in their printed Cases: That the Committee had also considered the Appellants Petitions in the Causes Flowerdew against The Dundee, Perth and London Shipping Company, and Wilson against William Baron Kensington and another, severally praying their Lordships, that the said Petitions of Appeal may be restored, and that they may be allowed Three Weeks further Time to lodge their Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the said Petitions of Appeal may be restored, and that the Petitioners may respectively be allowed Three Weeks further Time to deliver in their printed Cases: That the Committee had also considered the Appellant's Petition in the Cause Hunter against the Trustees of The Honorable Basil Cochrane, praying their Lordships, that this Appeal may stand revived, and that he may have a Month's Time to lodge his printed Case; and had heard the Agents thereon, and the Committee are of Opinion, That the said Appeal may be restored, and that the Petitioner may be allowed a Month's further Time to deliver in his printed Case: That the Committee had also considered the Petition of the Respondent in the Original, Appellant in the Cross Appeal Dick against Cuthbertson, and the Petition of the Respondents in the Original, Appellants in the Cross Appeal Messieurs John and William Dixon against The Company of Proprietors of the Monkland Navigation, severally praying their Lordships, that the said Cross Appeals may be revived, and that they may have Leave to lodge their printed Cases in the said Original and Cross Appeals; and had heard the Agents thereon, and the Committee are of Opinion, That the said Cross Appeals may be restored, and that the Petitioners may respectively be allowed to lodge their printed Cases in the said Original and Cross Appeals, as desired: That the Committee had also considered the Appellant's Petition in the before-mentioned Cause Cathcart against Sir John Andrew Cathcart Baronet and another, praying their Lordships, that this Second Appeal may be set down for hearing along with the Appeal in the principal Cause; and had heard the Agents thereon, and the Committee are of Opinion, That this Second Appeal should be set down for hearing along with the First Appeal, as desired: That the Committee had also considered the Petition of William Ainslie Turner, (the surviving Trustee assumed with James Scott deceased, for Alexander Lord Elibank and Janet Lady Elibank his Wife, and certain Creditors of the said Alexander Lord Elibank,) praying their Lordships, that he may be permitted to revive the Appeal Scott against Alnutt, by making himself Party Appellant in the Room of the said James Scott deceased, the late Appellant, and that the Petitioner may have Three Weeks Time to lodge a supplemental printed Case; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioner may be permitted to revive the said Petition of Appeal, by making himself Party Appellant thereto, as desired, and that he may be allowed Three Weeks Time to lodge a supplemental printed Case: That the Committee had also considered the Respondent's Petition in the Cause Cabbell and others against Brock, praying their Lordships to fix the hearing of the Appeal on an early Day; and had heard the Agents thereon, and the Committee are of Opinion, That the said Cause should be appointed for hearing on such early Day as may be convenient to the House: And that the Committee had also considered the Appellants Petition in the Cause The Burntisland Whale Fishing Company against Trotter and others, praying their Lordships to advance this Cause, and appoint it to be heard on an early Day; and had heard the Agents thereon, and the Committee are of Opinion, That the said Cause should be appointed to be heard on such early Day as may be convenient to the House."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

Cuthbertson v. Dick.

The House being moved, "That a Day may be appointed for hearing the Cross Appeal wherein Donald Cuthbertson is Appellant, and John Dick Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, at the same Time with the Original Appeal wherein John Dick Esquire is Appellant, and Donald Cuthbertson is Respondent.

The Monkland Navigation Co. v. J. & W Dixon.

The House being moved, "That a Day may be appointed for hearing the Cross Appeal wherein The Monkland Navigation Company are Appellants, and John and William Dixon Esquires are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, at the same Time with the Original Appeal wherein John and William Dixon Esquires are Appellants, and The Monkland Navigation Company are Respondents.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Order for Lords to be summoned discharged.

It was moved, "That the Order made Yesterday, "That all the Lords be summoned to attend the Service of the House on Thursday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Poor Laws, Petition from Newry for Introduction of, into Ireland.

Upon reading the Petition of the Inhabitants of the Town of Newry, in Public Meeting regularly convened by the Seneschal; praying their Lordships "to pass into a Law the Measure to enable Parishes in Ireland, by a moderate Assessment, to provide for their aged, infirm and helpless Poor; satisfied as the Petitioners are, that it will not be among the least valuable of those Measures which the Legislature have in Contemplation for the Improvement of that Portion of the United Kingdom:"

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

Labourers Wages, Petitions from Wigan, & Great & Little Bolton, respecting.

Upon reading the Petition of the Magistrates, Gentry, Clergy and Tradesmen, Inhabitants of the Town of Wigan and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to make some Alteration in the Acts of Parliament prohibiting the Payment of Wages otherwise than in Money, for the better and more easy Suppression of these Practices, either by increasing the Penalties imposed by the said Acts of Parliament, or by such other Means as their Lordships may devise:"

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

Upon reading the Petition of the Money-paying Masters, Owners of Property and Shopkeepers of Great and Little Bolton, in the County of Lancaster, whose Names are thereunto subscribed; praying, "That their Lordships will adopt such Measures as will effectually prevent the Payment of Wages in any other Manner than in Money:"

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

Trower's Divorce Bill, Attendance of former Witnesses & of Mr. Trower dispeused with:

Upon reading the Petition of Germain Lavie of Frederick's Place, in the City of London, Gentleman, Agent for and on behalf of Charles Trower Esquire, of Calcutta, in the East Indies; praying, "That their Lordships will be pleased to allow the Evidence taken before them in the last Session of Parliament on the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Charles Trower Esquire with Amelia Catherine Trower his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which was passed by their Lordships, and sent to the House of Commons, but which in consequence of the Prorogation of Parliament did not pass into a Law, to be read in Support and Proof of the Preamble to the Bill, intituled, "An Act to dissolve the Marriage of Charles Trower Esquire with Amelia Catherine Trower his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," now ordered to be read a Second Time; that their Lordships will be pleased to dispense with the Attendance of any Witnesses, and that their Lordships will also be pleased to dispense with the Attendance of the said Charles Trower, upon the Second Reading of the Bill now before their Lordships; and that the Time fixed for reading the said Bill a Second Time may be shortened:"

It is Ordered, That the Evidence taken upon the Second Reading of the said Bill be read in Support and Proof of the Preamble of the Bill now pending, and that the Attendance of any further Witnesses, and also of the said Charles Trower, upon the Second Reading of the said Bill, be dispensed with, as desired.

Order for 2 a.

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

Lord Lieutenants (Ireland) Bill presented.

The Lord Melbourne presented to the House a Bill, intituled, "An Act to provide for the better Order and Government of Ireland, by Lieutenants for the several Counties, Counties of Cities and Counties of Towns therein."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Lords summoned.

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

Payment of Wages in Goods Repeal Bill presented.

The Order of the Day being read for the Lords to be summoned;

The Lord Wharncliffe presented to the House a Bill, intituled, "An Act to repeal several Acts and Parts of Acts prohibiting the Payment of Wages in Goods, or otherwise than in the current Coin of the Realm."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Payment of Wages in Money Bill presented.

The Lord Wharncliffe also presented to the House a Bill, intituled, "An Act to prohibit, in certain Trades and in certain Parts of Great Britain, the Payment of Wages in Goods, or otherwise than in the current Coin of the Realm."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Lords summoned.

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

Reform of Parliament, Petition from Forfarshire against proposed Measure.

Upon reading the Petition of the Noblemen, Freeholders, Justices of the Peace, Commissioners of Supply, and Heritors of the County of Forfar, whose Names are thereunto subscribed; praying their Lordships, "That the proposed Measure of Reform may not pass into a Law, unless under the following Qualifications, Alterations and Improvements; (viz ^t.) That if the Number of Representatives of Scotch Burghs is to be increased, a corresponding Increase should be made to the Number sent by Counties, for the better Protection of the Agricultural Interests: That if Proprietors of Land or of a Dwelling House of the Yearly Value of Ten Pounds Sterling are to be allowed to vote in the Election of a Member of Parliament, their Votes should be taken along with those of the Inhabitants of the nearest District of Burghs: That if the Elective Franchise in Counties is to be extended to Proprietors of Land, though not holding of the Crown, but of a Subject Superior, the Qualification of such Voters should be that of their Lands being rated in the Cess Roll of the County at not under One hundred Pounds Scots: That the Elective Franchise should not be extended to Tenants paying a Rent of Fifty Pounds Sterling, it being a Measure calculated both to disturb the good Understanding subsisting between Landlords and Tenants, and to lead to new Arrangements in the Distribution of Farms, injurious to the Interests of Agriculture and the Tenantry themselves:"

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

Macintyre et al. v. Macdonald & Lawson.

It was moved, "That the Order made Yesterday, "That the Cause wherein Christian Macintyre, and others, are Appellants, and Coll Macdonald and John Lawson are Respondents, be heard by Counsel at the Bar on Wednesday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Adjourn.

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