House of Lords Journal Volume 64: 12 July 1832

Die Jovis, 12° Julii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Wynford sat Speaker by virtue of a former Commission.

D. of Argyll, & Selkrig, v. Mac Allister & Kelso:

After hearing Counsel, as well on Friday last as on this Day, upon the amended Petition and Appeal of His Grace George William Duke of Argyll, and of Charles Selkrig Esquire, Accountant in Edinburgh, Statutory Trustee for the said Duke; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 8th of March 1831, in so far as it finds, decerns and declares in Terms of the Libel, and finds the Defender liable in Expences; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 17th of June 1831; and also of an Interlocutor of the said Lord Ordinary, of the 6th of July 1831, in so far at least as it decerns against the Petitioners for Expences; and praying, "That the same might be reversed, varied or amended, so far as complained of, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Alexander Mac Allister Esquire, of Loup and Torrisdale, and Archibald Kelso Esquire, of Sauchrie, his Factor loco Tutoris, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors in Part Reversed, with a Declaration, & Cause remitted.

It is Declared, by the Lords Spiritual and Temporal, in Parliament assembled, That the Thirlage in Question in this Cause was due for grindable Corns only: And it is Ordered and Adjudged, That the several Interlocutors complained of in the said Appeal, in so far as the same are inconsistent with this Declaration, be, and the same are hereby Reversed: And it is further Ordered and Adjudged, That the several Interlocutors complained of in the said Appeal, in so far as they give Expences to the Respondents in this Cause, be, and the same are hereby also Reversed: And it is further Ordered, That the Cause be remitted back to the Court of Session in Scotland, to proceed further therein as shall be consistent with this Judgment, and as shall be just.

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

Reform (England) Act, Petition from St. Mary-le-bone to enlarge Time for Payment of the Poor Rate.

Upon reading the Petition of the Vestrymen of the Parish of Saint Mary-le-bone, whose Names are thereunto subscribed; taking notice of the Act "for amending the Representation of the People in England and Wales;" and praying their Lordships "to enlarge the Period appointed for Payment of the Poor Rate to such a Time as may enable the Parish Authorities to make those Arrangements without which it is impossible for any Persons to be in a Condition to exercise the Elective Franchise:"

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

Tithes & Vestry Cess, (Ireland,) Petitions for Abolition of: (Lisronagh:)

Upon reading the Petition of the Inhabitants of the Parish of Lisronagh, County of Tipperary, whose Names are thereunto subscribed; praying their Lordships "to remove those odious, persecuting, grinding and oppressive Tithe and Vestry Exactions under which they have so long and so unjustly laboured, and thereby convince their Lordships Catholic Fellow Subjects in Ireland, that their Interest, Protection and Prosperity are paternally watched and secured by a fostering and protecting Government, who are anxious to put an End for ever to the multifarious Evils that have at all Times resulted and must inevitably result from a Continuance of a System so unjust in Principle, so subversive of social Order, and so odious and destructive to the great Cause of Christianity:"

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

Hospital & Herbertstown:

Upon reading the Petition of the Persons whose Names are thereunto subscribed, being Inhabitants of the United Parishes of Hospital and Herbertstown, County Limerick; praying their Lordships "to abolish at once the whole System of Tithes under every Denomination:"

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

Cloonacool:

Upon reading the Petition of the Inhabitants of Cloonacool, in the Union of Achonry and County of Sligo, whose Names are thereunto subscribed; praying their Lordships, "That they will take into their Consideration their present impoverished State, and in their Wisdom relieve the Landholders, who are nearly exhausted by high Rents and the enormous Increase of Grand Jury Taxes: That now, when Tithes are abolished in most of the Kingdoms of Europe, England, whose Laws and Institutions are the Envy of surrounding Nations, will not impose so heavy and oppressive a Tax as Tithes on the Industry and Labour of the Poor of Ireland, the great Majority of whom derive no Religious Benefit from the Ministers of the Established Religion, but, in addition to the heavy Sums paid yearly for Tithes, have the humble Support of the Clergy of their own Communion: That the Tithe Commutation Act has not relieved the Petitioners in the Manner so often recorded to their Lordships House, though by its Enactments it has considerably increased the Emoluments of the Protestant Clergy in this Country: That their Lordships will abolish so severe an Impost as the Sums of Money imposed in lieu of Tithes, and in its Stead substitute for the Support of the Protestant Clergy, either a Property Tax on the great Landed Proprietors, or such other Means as the enlightened Ministers of our illustrious and revered Sovereign may think fit:"

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

Doneraile.

Upon reading the Petition of the Land Owners, Farmers and other Parishioners of the Parish of Doneraile, County of Cork, Ireland, whose Names are thereunto subscribed; praying, "That their Lordships will either pass a new Law for the Purpose of collecting Tithes in Ireland, or so alter and amend the "Tithe Composition Act" as to render the Provisions of it compulsory on all Rectors, Tithe Owners, Lay or Ecclesiastic, and on all Parishes throughout this Kingdom, whereby Peace and Happiness by the Abolition of the present Tithe Tystem, Truth and Justice by the Expulsion of Tithe Proctors, Tithe Canters, and in the End Religion and Piety by the Extension of Christian Charity, may be established amongst us:"

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

Tithes (Ireland) Bill, Petition from Kilmeen against, &c.

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Kilmeen, County of Cork, whose Names are thereunto subscribed; taking notice of the Bill "to facilitate the Recovery of Tithes in certain Cases in Ireland, and for Relief of the Clergy of the Established Church;" and praying their Lordships "to reject the same, and abolish for ever the grinding System of Tithes and Church Rates, which has been productive of deep Injury to Charity and Religion, and caused the frequent and copious shedding of Human Blood:"

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

Education, (Ireland,) Petitions in favor of proposed Plan: (Turlogh, &c:)

Upon reading the Petition of the Inhabitants of the United Parishes of Turlogh and Kildacommogue, whose Names are thereunto subscribed; praying their Lordships "for the Continuance and Furtherance of the Improvement in the System of the Education of the Poor of Ireland:"

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

National Political Union:

Upon reading the Petition of the Persons whose Names are thereunto subscribed, being Members of the Council of a Society calling itself the National Political Union; praying their Lordships, "That the Measures which have been commenced for the Promotion of Education in Ireland, introduced by His Majesty's Ministers, and now in Progress, may be carried into Effect:"

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

Presbyterian Synod of Munster.

A Petition of the Ministers and Elders of the Presbyterian Synod of Munster was presented and read; praying their Lordships "to concur in such Measures as may lead to a fair Trial of the new Plan of National Education of the Poor of Ireland, which, in the Opinion of the Petitioners, is well adapted to the Circumstances of the Irish People, and is likely to be attended with the most important Benefits:"

Ordered, That the said Petition be received as the Petition of "William Crozier Moderator," and "James Armstrong Clerk of the Synod," who only have signed it.

Mrs. Moffat's Divorce Bill, Petition of Mr. Moffat against.

Upon reading the Petition of William Palmer Moffat, late of Bruges, in the Kingdom of Belgium, but now of London, Esquire; setting forth, "That Thursday next is the Day appointed by their Lordships for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Frances Moffat with William Palmer Moffat Esquire, and to enable her to marry again:" That the Petitioner is the Person named in the said Bill as William Palmer Moffat: That at the Time the Petitioner was served with the usual Notice of the said Bill, he was living at Bruges, in Belgium, where he resided until his Arrival in London, which only took place on Friday last: That the Petitioner has been wholly unprovided with Funds to enable him to oppose the said Bill at an earlier Stage of its Proceedings, but that he is now prepared so to do, and has instructed his Counsel and Solicitor to that Effect, the Petitioner having tried in vain to raise the necessary Funds before his Arrival in England: That the Petitioner has read over the printed Evidence adduced in favor of the Bill before their Lordships, and humbly trusts, if so permitted by their Lordships, to be able to prove great Part of the same false and unfounded, or greatly exaggerated: That the Petitioner is also prepared to lay before their Lordships other Evidence respecting the Matters of the said Bill: That the Petitioner is desirous, by his Counsel, of cross-examining the Witnesses who have given Evidence in support of the said Bill, as also of producing Evidence to oppose the same;" and therefore praying their Lordships, "That the said Bill may not pass into a Law, and that he may be heard by himself, his Counsel, Agents and Witnesses against the said Bill, and that his Counsel may be at liberty to cross-examine the Witnesses already examined in favor of the said Bill, and for such Purpose that their Lordships may be pleased to require their Attendance, pursuant to the Order of their Lordships already made:"

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

Summons of the Lords, Order for, discharged.

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

Ordered, That the said Order be discharged.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday the 17th of this instant July.

New Churches, Account respecting, delivered.

The House being informed, "That Mr. Waple, from the Commissioners for building new Churches, attended;"

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

"An Account of the Expenditure in the Office of His Majesty's Commissioners for building new Churches, from the 25th of March 1831 to the 25th of March 1832."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Ferrier v. Trustees of Wood, & Veitch.

Upon reading the Petition and Appeal of Charles Ferrier, Accountant in Edinburgh, Trustee of John White, Pursuer of the Process of Ranking and Sale brought at his Instance against William Cunningham Cunningham Graham of Gartmore, and his Creditors; complaining of an Interlocutor of the Lords of Session, in Scotland, of the Second Division, of the 6th of July 1832; 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 the Trustees of Peter Wood Esquire, Merchant in Leith, and Mrs. Rachael Thomson M'Kerras otherwise Veitch, Relict of John Veitch Esquire, of Olive Bank, may be required to answer the said Appeal:"

It is Ordered, That the Trustees of the said Peter Wood, and the said Mrs. Rachael Thomson M'Kerras otherwise Veitch, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 9th Day of August next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Beveridge v. Freen et al.

Upon reading the Petition and Appeal of Alexander Beveridge Esquire, residing in Largs; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 8th March 1831; also of an Interlocutor of the Lords of Session there, of the First Division, of the 20th of May 1831; also of another Interlocutor of the Lord Ordinary, of the 12th of May 1832; also of another Interlocutor of the said Lords of Session, of the 28th of June 1832; and also of another Interlocutor of the Lord Ordinary, of the 4th of July 1832; 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 Thomas Freen and David Smith his Mandatory, Sarah Hamer Scott or Clarkson, and John Clarkson, may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Freen, 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 Thursday the 9th Day of August 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.

Marqs of Donegall v. Salt et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of John Stevenson Salt, and others, Respondents in a Cause depending in this House, to which George Augustus Marquess of Donegall is Appellant; praying, "That their Lordships will be pleased to permit them to lay the Prints of their Cases upon their Lordships Table:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Union of Parishes (Ireland) Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act of the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, relating to the Union of Parishes in Ireland."

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

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

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Com ee on West India Colonies, Trew to attend.

Ordered, That The Reverend Mr. Trew do attend this House on Monday the 23d of this instant July, to be sworn, in order to his being examined as a Witness before the Select Committee on the State of the West India Colonies.

Education, (Ireland,) Petitions against proposed Plan: (Taunagh:)

Upon reading the Petition of the Inhabitants of Taunagh, in the County of Sligo, Ireland, Diocese of Elphin, whose Names are thereunto subscribed; praying, "That their Lordships will interpose their Authority, and withhold their Sanction from the new and unrighteous System of National Education now proposed to be established in Ireland by His Majesty's Ministers:"

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

Kilmacallane:

Upon reading the Petition of the Inhabitants of the Parish of Kilmacallane, in the County of Sligo, Ireland, Diocese of Elphin, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to provide that all Grants of Public Money for National Education in Ireland be applied only to the Support of Systems of Instruction which are founded upon the entire Word of God, and which encourage the free and general Use of the Holy Scriptures; and further, to provide that in the Application of such Money no unholy Compromise be made with the Church of Rome, and no Support whatever be given to those who would substitute a Part for the Whole of God's Word, or who would teach for Doctrines the Commandments of Men:"

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

Drumcollum.

Upon reading the Petition of the Inhabitants of the Parish of Drumcollum, in the County of Sligo, Diocese of Elphin, whose Names are thereunto subscribed; praying their Lordships "not to sanction any new System of Education in Ireland from which the Bible is excluded, and the Sacred Word of God lessened in the Estimation of the Petitioners Children, and also whereby their Catholic Brethren will be deprived of the only Opportunity they have of obtaining Spiritual Emancipation by the Study of the Holy Scriptures, and thus be continued in the dark Ignorance of Revealed Truths, in which it is the Interest of their Clergy to keep them, in order to maintain their Influence over them:"

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

London & Birmingham Railway Bill, Petition in favor of:

Upon reading the Petition of the Inhabitant Householders of the Cities of London and Westminster, and of the several Parishes and Places within the Bills of Mortality and outlying Parishes, in the County of Middlesex, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for making a Railway from London to Birmingham;" and praying their Lordships, "That the same may pass into a Law:"

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

Bill Specially reported.

The Lord Wharncliffe reported from the Lords Committees appointed to consider of the Bill, intituled, "An Act for making a Railway from London to Birmingham;" and to whom were referred certain Petitions taking notice of the London and Birmingham Railway Bill, and severally praying their Lordships, "That the Petitioners may be heard by themselves, their Counsel, Agents and Witnesses against the same," with Leave to the Committee to hear Counsel against and for the said Bill; and to whom were also referred certain further Petitions against and also in favor of the Bill: "That the Committee had met, and considered the said Bill, and had examined the Allegations thereof; and had also considered the said Petitions against and in favor of the Bill; and had heard Counsel and examined Witnesses in support of the said Bill; and had come to the following Resolution; (vizt.)

"That the Case for the Promoters of the Bill having been concluded, it does not appear to the Committee that they have made out such a Case as would warrant the forcing of the proposed Railway through the Lands and Property of so great a Proportion of dissentient Land Owners and Proprietors: And the Committee had come to the following further Resolution, vizt. That the Allegations of the Preamble have not been proved: The Committee, therefore, had not proceeded further in the Consideration of the Bill."

Which Report being read by the Clerk;

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

Reform (Scotland) Bill reported:

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to amend the Representation of the People in Scotland;" and for the Lords to be summoned;

The Earl of Shaftesbury accordingly reported the said Amendments.

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

"Pr. 5. L. 22. Leave out ("the herein-before recited") and insert ("this")

"Pr. 9. L.17. After ("Registration") insert ("in the present or in any future Year")

"L. 20. After ("Months") insert ("next")

"L. 21. Leave out ("July") and insert ("August") and in the same Line after ("or") insert ("the last Day of July")

"L. 31. After ("yield") insert ("or be capable of yielding")

"L. ult. After ("be") insert ("either") and in the same Line after ("himself") insert ("in the actual Occupation or")

"Pr. 11. L. 12. Leave out ("July") and insert ("August")

"L. 13. After ("or") insert ("the last Day of July")

"L. 17. After ("Leases") insert ("missive of Lease")

"L. 18. Leave out ("Titles") and insert ("Title")

"L. 19. Leave out ("Sixty") and insert ("Fifty-seven")

"L. 28. Leave out ("Twenty") and insert ("Nineteen")

"L. 35. Leave out from ("Subject") to ("where") in Line 38.

"Pr. 12. L. 1. Leave out from ("for") to ("a") in Line 3, and insert ("his Interest in such Subject")

"L. 37. Leave out ("Lease") and insert ("Sub-Lease") and in the same Line leave out ("Sixty") and insert ("Fifty-seven")

"L. 38. Leave out ("Twenty") and insert ("Nineteen")

"Pr. 13. L. penult. Leave out ("and") and insert ("or")

"Pr. 14. L. 6. Leave out ("July") and insert ("August") and in the same Line after ("or") insert ("the last Day of July")

"L. 24. Leave out ("July in such") and insert ("August in the present, or the Twentieth Day of July in any future")

"L. 36. After ("of") insert ("August in the present, or the last Day of") and in the same Line leave out ("such") and insert ("any future")

"Pr. 15. L. 6. After ("although") insert ("they should not occupy any Premises within its Limits, or although")

"L. 8. After ("Value") insert ("than Ten Pounds")

"L. 16. Leave out ("July") and insert ("August")

"Pr. 16. L. 2. Leave out ("July") and insert ("August")

"L. 34. After ("Copy") insert ("upon which Copies all the Claims to be given in shall be engrossed by the said Claimants")

"Pr. 17. L. 6. Leave out ("July") and insert ("August")

"L. 15. Leave out ("July") and insert ("August")

"L. 30. Leave out ("August") and insert ("September")

"Pr. 18. L. 3. After ("Copy") insert ("and upon these Copies all the Objections shall be engrossed by the Objectors")

"L. 31. Leave out ("August") and insert ("September")

"Pr. 19. L. 5. Leave out ("August") and insert ("September")

"L. 38. Leave out ("August") and insert ("September")

"L. penult. Leave out ("September") and insert ("October")

"Pr. 20. L. 24. Leave out ("July") and insert ("August")

"L. ult. Leave out ("July") and insert ("August")

"Pr. 21. L. 2. Leave out ("July") and insert ("August")

"Pr. 22. L. 12. Leave out ("July") and insert ("August")

"L. 13. After ("of") insert ("such Part of")

"L. 14. After ("List") insert ("as includes the Claimants within each Parish")

"L. 15. After ("of") insert ("the Church of") and in the same Line after ("every") insert ("such")

"L. 21. Leave out ("August") and insert ("September")

"Pr. 23. L. 10. Leave out ("Thirteenth") and insert ("Twelfth") and in the same Line leave out ("August") and insert ("September")

"Pr. 25. L. 21. Leave out ("thus") and insert ("in manner aforesaid")

"Pr. 26. L. 36. Leave out ("September") and insert ("October")

"Pr. 27. L. 1 & L. 2. Leave out ("September") and insert ("October")

"L. 33. Leave out ("September") and insert ("October")

"Pr. 28. L. 7. & L. 8. Leave out ("September") and insert ("October")

"Pr. 29. L. 8. After ("Year") insert ("after the present Year")

"L. 15. After ("every") insert ("such")

"Pr. 34. L. 25. After ("pronounced") insert ("in this present Year")

"Pr. 37. After ("pronounced") insert ("in this present Year")

"Pr. 35. L. 8. After ("pronounced") insert ("in this present Year")

"L. 19. After ("pronounced") insert ("in this present Year")

"L. 30 & L. 31. After ("pronounced") insert ("in this present Year")

"Pr. 36. L. 3. Leave out ("above") and insert ("herein-before provided")

"L. 14. Leave out ("Appeal") and insert ("Review")

"L. 20. Leave out ("and otherwise")

"L. 28. Leave out ("these") and insert ("the") and in the same Line leave out ("above") and insert ("herein-before")

"L. penult. Leave out from ("of") to ("and") in Line ult. and insert ("the Sheriff who shall be absent")

"Pr. 37. L. 8. Leave out ("above") and insert ("herein-before")

"L. 21. Leave out ("Words") and insert ("Word")

"L. 30. Leave out ("Review") and insert ("Appeal")

"Pr. 38. L. 9. Leave out ("October") and insert ("November") and in the same Line leave out ("the") and insert ("this present") and also in the same Line leave out from ("Year") to the second ("and") in Line 11.

"L. 29. Leave out ("last") and insert ("Thirtieth") and in the same Line leave out ("October") and insert ("November")

"L. penult. Leave out ("the") and insert ("this present") and in the same Line leave out from ("Year") to ("And") in Press 39, Line 1.

"Pr. 39. L. 8. Leave out from ("herein") to ("it") in Line 9, and insert ("before directed to be held in any future Year")

"L. 22. After ("each") insert ("such")

"L. 25. Leave out ("(to be publicly announced)")

"L. 27. After ("each") insert ("such") and in the same Line after ("Year") insert ("of which Day Notice shall, One Week before, be given by Advertisement in the Newspaper of greatest Circulation within each such County") and also in the same Line after ("and") insert ("the said Sheriffs")

"L. 33. After ("Purpose") insert ("to be")

"Pr. 40. L. ult. Leave out ("Sheriffs") and insert ("Review")

"Pr. 41. L. 8. Leave out ("their") and insert ("such Judgments")

"L. 10. Leave out ("them") and insert ("such Registers")

"L. 13. Leave out ("Sheriffs") and insert ("Review")

"L. 29. & L. 30. Leave out ("Review") and insert ("Appeal")

"L. 41. Leave out ("Committees") and insert ("Committee")

"Pr. 45. L. 7. After ("Premises") insert ("or any Part of them")

"L. penult. After ("for") insert ("that District of")

"L. ult. After the first ("or") insert ("of")

"Pr. 46. L. 1. After ("Towns") insert ("attached to each such Polling Place")

"Pr. 56. L. 9. Leave out ("or") and insert ("shall be entitled, from and after the passing of this Act, to vote at any Election for any Member of Parliament to be holden within the County or combined Counties of which he shall be Sheriff, and that no")

"L. 18. After ("Sheriff") insert ("Substitute") and in the same Line after ("or") insert ("Sheriff") and also in the same Line leave out from ("no") to ("Town") in Line 19.

"L. 24. After ("Clerk") insert ("and no Sheriff Substitute, Sheriff Clerk or Town Clerk shall, after the passing of this Act, directly or indirectly, act as an Agent for any Candidate in any Matter connected with or preparatory to any Election for the County or Burgh respectively in which such Persons shall be respectively Sheriff Substitute, Sheriff Clerk or Town Clerk")

"L. 28. Leave out from ("shall") to the first ("be") in Line 29.

"L. ult. Leave out ("Place") and insert ("County, City, Burgh or Town, or District of Burghs") and in the Interlineation to Line ult.

"L. penult. After ("Elector") insert ("or to hold any Superiority")

"L. ult. Leave out ("the said") and insert ("such")

"Pr. 57. L. 22. Leave out ("he") and insert ("such Party Defender")

"L. 23. Leave out ("for such his Offence") and insert ("to such Party Pursuer")

"L. 37. After ("force") insert ("Provided always, that every such Action shall be raised within Four Calendar Months next after the Cause of Action has arisen, and that Notice in Writing shall be given to the Defender at least One Month before the raising of any such Action, signed by the Party raising such Action, or his Agent, and setting forth the Place of Abode of the Party signing the same: Provided also, that any such Defender against whom any Judgment shall have been recovered in any such Action shall be allowed to plead such Judgement as a Bar to any other Action which may be brought against him for the same Matter or Thing; and such Action being thereupon dismissed, such Defender shall recover his full Costs thereof")

"Pr. 68. L. 4. In Schedule E. annexed to the Bill leave out from ("1.") to ("Kirkwall") in the First Column in Line 10.

"L. 16. Leave out ("3.") and insert ("2.")

"L. 21. Leave out ("4.") and insert ("3.")

"L. 28. Leave out ("5.") and insert ("4.")

"L. 34. Leave out ("6.") and insert ("5.")

"Pr. 69. L. 6. Leave out ("7.") and insert ("6.")

"L. 11. Leave out ("8.") and insert ("7.")

"L. 17. Leave out ("9.") and insert ("8.")

"L. 23. Leave out ("10.") and insert ("9.")

"L. 28. After ("Jedburgh") insert

"Pr. 70. L. 1. Leave out ("13.") and insert ("14.") "L. 5. Leave out from ("Whithorn") to the End of the Schedule. "Pr. 71. L. 9. In Schedule (F.) (Part Second) annexed to the Bill, after ("written") insert ("in Cases of Claims within Burghs") "Pr. 72. L. 5. In Schedule (G.) (No. 2.) annexed to the Bill leave out ("Town") in the Heading of the Form of Register in the last Column, and insert ("Parish") "Pr. 75. L. 4. In Schedule (L.) annexed to the Bill, in the First Column, leave out ("Dumbarton") and insert ("Kilmarnock") "L. 5 & L. 6. In the Second Column leave out ("Dumbarton") and insert ("Ayr") "Pr. 82. L. 22. In Schedule (M.) annexed to the Bill, in the Second Column, leave out ("at") and insert ("of") "Pr. 100. L. 9. In the Second Column leave out from ("the") to the second ("the") in Line 14, and insert ("Road leading to St. Andrews (being the March between the Lands of Rennyhill and the Barony of Anstruther) leaves the Turnpike Road, to Upper Kilrenny; thence in a straight Line to the Point at which the Cellardyke Burn enters") "Pr. 102. L. 33. In the Second Column leave out from ("Forth") to ("to") in Line 34, and insert ("in a straight Line") "L. 35. In the Second Column leave out from ("the") to ("Road") in Line 36, and insert ("Road leading to St. Andrews (being the March between the Lands of Rennyhill and the Barony of Anstruther) leaves the Turnpike") "L. penult. In the Second Column leave out ("Skeigh") and insert ("Skeith") "Pr. 114. L. 1. Leave out ("Dumbarton") and insert ("Kilmarnock") "Pr. 116. L. 23. In the Third Column leave out ("Dumbarton") and insert ("Kilmarnock") "Pr. 140. L. 36. After ("aforesaid") in the Second Column insert

"Pr. 142. L. 36. In the Second Column leave out ("Gallside") and insert ("Callside")

Then it was moved, in Press 1, Line 31, "to leave out ("Fifty-three") and insert ("Sixty-one")

Which being objected to;

The Question was put, "Whether the Words ("Fifty-three") shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 1, Line ultimo, "after ("Thirty") to insert ("Eight")

Which being objected to;

The Question was put, "Whether the Word ("Eight") shall be there inserted?"

It was resolved in the Negative.

Then it was moved, in Press 2, Line 33, "to leave out ("One") and insert ("Two")

Which being objected to;

The Question was put, "Whether the Word ("One") shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 2, Line 35, "to leave out ("separate")

Which being objected to;

The Question was put, "Whether the Word ("separate") shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 2, Line 35 and 36, "to leave out ("or Parts of Shires")

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.

Then it was moved, in Press 2, Line 38, "to leave out ("Two")

Which being objected to;

The Question was put, "Whether the Word ("Two") shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 2, Line penult. "to leave out ("combined") and insert ("separate")

Which being objected to;

The Question was put, "Whether the Word ("combined") shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 3, Line 1, "after ("annexed") to insert ("and One by each Two of the combined Shires or Parts of Shires enumerated in Schedule (C.) hereunto annexed")

Which being objected to;

The Question was put, "Whether the said Words shall be there inserted?"

It was resolved in the Negative.

Then the First Amendment made by the Committee to the said Bill, being read a Second Time, was agreed to by the House.

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

"Pr. 8. L. ult. After ("Owners") insert ("or Superiors")

Then it was moved, "to leave out from ("Shire") in Press 9, Line 9, to ("And") in Press 10, Line 17."

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

It was resolved in the Affirmative.

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

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

Pr. 10. L. 3. After ("always") insert ("that where the whole Profits and Issues of any such Subject do not arise Annually, but at longer Intervals, the Worth and Amount of such occasional Profits shall be taken into Computation in estimating the Annual Value: Provided also")

Then it was moved, in Press 10, Line 17, "after ("Acquisition") to insert the following Clause:

"And be it enacted, That from and after the passing of this Act every Person, not subject to any legal Incapacity, shall be entitled to be registered as hereinafter directed, and thereafter to vote at any Election for a Shire in Scotland, who, when the Sheriff proceeds to consider his Claim for Registration, in the present or in any future Year, shall have been for a Period of not less than Six Calendar Months next previous to the last Day of August in the present, or the last Day of July in any future Year, the Owner (whether he has made up his Titles, or is infeft, or not) of the Dominium utile of any Lands within the said Shire, provided the Subject or Subjects on which he so claims shall be, or be entitled to be, rated in the Cess Books of such Shire at the Yearly Sum of Five Pounds Scots of valued Rent, or upwards: Provided always, that where any Property which would entitle the Owner to be registered, and to vote as above, shall come to any Person within the said Period of Six Months by Inheritance, Marriage, Marriage Settlement, cr Mortis Causa Disposition, or by Appointment to any Place or Office, such Person shall be entitled to be registered on the first Occasion of making up the Lists of Voters as herein-after provided next following such Accession or Acquisition."

Which being objected to;

The Question was put, "Whether the said Clause shall be there inserted?"

It was resolved in the Negative.

Then it was moved, in Press 10, Line 17, "after ("Acquisition") to insert the following Clause:

"Provided always, and be it enacted, That it shall be in the Power of the Commissioners of Supply in any Shire in Scotland, upon the summary Application of the Proprietor of any Lands upon which a Claim to vote shall be made under this Act, and which shall not be separately valued in the Cess Books of such Shire, to take an Account of the Value of the Lands upon which such Claim is made, and to proceed in manner as at present practised in Cases of Divisions of cumulo Valuations, and to decide upon the Claim so made as aforesaid, and to ascertain the valued Rent of the Lands upon which the Claim is made, upon the Evidence and according to the Practice usual in Cases of Divisions of cumulo Valuations within Scotland."

Which being objected to;

The Question was put, "Whether the said Clause shall be there inserted?"

It was resolved in the Negative.

Then it was moved, in Press 10, Line 17, "after ("Acquisition") to insert the following Clause:

"And be it further enacted by the Authority aforesaid, That the Owner of every House within any Shire in Scotland, not subject to any legal Incapacity, shall be entitled to be registered as herein-after directed, and thereafter to vote at any Election for a Shire in Scotland, who, when the Sheriff proceeds to consider his Claim for Registration, in the present or in any future Year, shall have been for a Period of not less than Six Calendar Months next previous to the last Day of August in the present, or the last Day of July in any future Year, the Owner (whether he has made up his Titles, or is infeft, or not) of any House within the said Shire, provided that such House shall stand rated in the Books of the Commissioners for the Affairs of Taxes at the Sum of Fifteen Pounds Sterling yearly, and upwards: Provided also, that where any House which would entitle the Owner to be registered, and to vote as above, shall come to any Person within the said Period of Six Months by Inheritance, Marriage, Marriage Settlement, or Mortis Causa Disposition, or by Appointment to any Place or Office, such Person shall be entitled to be registered on the first Occasion of making up the Lists of Voters as herein-after provided next following such Accession or Acquisition."

Which being objected to;

The Question was put, "Whether the said Clause shall be there inserted?"

It was resolved in the Negative.

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

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

Pr. 11. L. 20. After ("Breaks") insert ("at the Option of the Landlord")

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

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

Pr. 14. L. 16. After ("Building") insert ("within the same Limits")

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

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

Pr. 22. L. 15. Leave out ("Church")

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

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

Pr. 25. L. 19. Leave out from ("be") to ("And") in Line 20, and insert ("kept by them 'till applied for by the Parties presenting the same, or their Agents, to whom, upon such Application, they shall be forthwith delivered")

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

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

Pr. 26. L. 24. Leave out from ("it") to ("And") in Line 34.

Then it was moved, "to insert the following Clause:

"And be it enacted, That no written Pleadings shall in any Case be allowed in support of Claims or Objections; but when the Sheriff shall reject any Claim to which no Objection has been offered, and when he shall hear Parties upon any Claim to which any Objection has been offered, he shall make a Note of the Statement of Fact, and of the Pleas founded on, and of the Names of the Witnesses, and shall affix his Signature to the Deeds, Writings and other Documents produced by the Parties in support of such Claim or Objection; and it shall not be competent to support any Appeal upon any Ground of Fact or of Law not set forth in such Note of the Sheriff, or to produce any Witnesses not named in the said Note, or any Deeds, Writings or other Documents to which the Signature of the said Sheriff is not affixed."

The same was agreed to; and Ordered accordingly.

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

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

Pr. 33. L. 38. Leave out from ("Merits") to ("And") in Press 34, Line 13.

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

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

Pr. 50. L. 29. Leave out from the first ("the") to ("Sheriff") in Line 34.

L. 35. Leave out ("it") and insert ("the Writ for the Election of a Member for the said County")

L. 38. Leave out ("it") and insert ("the same")

Pr. 51. L. 13. Leave out from ("Doors") to ("and") in Line 14.

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

Then it was moved, in Press 56, Line ultimo, at the End of the Interlineation, "after ("County") to insert the following Clause:

"And be it enacted, That from and after the passing of this Act no Person except the eldest Son or Heir Presumptive of any Peer shall be eligible to represent any County in Scotland, who shall not be the Proprietor of a Landed or Heritable Estate in some Part of Great Britain or Ireland of the Value of Five hundred Pounds a Year, or be the Heir Apparent or Presumptive to such an Estate."

Which being objected to;

The Question was put, "Whether the said Clause shall be there inserted?"

It was resolved in the Negative.

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

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

Pr. 60. L. 12. Leave out ("in such County")

Pr. 61. L. 5. Leave out the first ("or") and in the same Line after ("Renfrew") insert ("or Orkney and Shetland")

Pr. 64. L. 17. Leave out ("November") and insert ("December")

Then it was moved, in Press 65, Line 6, "to leave out ("Schedule (A.)") annexed to the Bill, and insert the following Schedule:

"Schedule (A.)

"Counties to return One Member each.

Which being objected to;

The Question was put, "Whether Schedule (A.) shall stand Part of the Bill?"

It was resolved in the Affirmative.

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

Then it was moved, in Press 68, Line 33, "after ("Forfar") to insert ("Stonehaven")

Which being objected to;

The Question was put, "Whether the Word ("Stonehaven") shall be there inserted?"

It was resolved in the Negative.

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

Then it was moved, in Press 69, Line 21, "to leave out ("Kilmarnock")

Which being objected to;

The Question was put, "Whether the Word ("Kilmarnock") shall stand Part of the Bill?"

It was resolved in the Affirmative.

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

Then the next Amendments made by the Committee to the said Bill being read a Second Time;

It was moved, in Line 2 of the said Amendment, "after ("Irvine") to insert ("Kilmarnock")

Which being objected to;

The Question was put, "Whether the Word ("Kilmarnock") shall be there inserted?"

It was resolved in the Negative.

Then it was moved, in Line ultimo of the said Amendment "to leave out ("Oban")

Which being objected to;

The Question was put, "Whether the Word ("Oban") shall stand Part of the Amendment?"

It was resolved in the Affirmative.

Then the said Amendment was agreed to by the House.

Then it was moved in Press 69, Line ultimo, "to leave out ("Kirkcudbright")

Which being objected to;

The Question was put, "Whether the Word ("Kirkcudbright") shall stand Part of the Bill?"

It was resolved in the Affirmative.

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

Then it was moved, in Press 70, Line 5, "after ("Whithorn") to insert ("Kirkcudbright")

Which being objected to;

The Question was put, "Whether the Word ("Kirkcudbright") shall be there inserted?"

It was resolved in the Negative.

The rest of the Amendments made by the Committee to the said Bill, being read a Second Time, were, severally, agreed to by the House.

Order for 3 a.

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

Sunderland Dock Bill, Petition against, referred to the Com ee.

Upon reading the Petition of the Ship Owners of the Port of Sunderland, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for making and maintaining a Wet Dock on the North Side of the River Wear, at or near the Entrance of the Port of Sunderland, in the County Palatine of Durham;" and praying their Lordships, That the said Bill may not pass into a Law as it now stands:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed.

Court of Delegates Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for transferring the Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to His Majesty in Council;"

It was moved, "That the said Bill be now read the Third Time."

Which being objected to;

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was read the Third Time.

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

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by Mr. Adam and Mr. Roupell;

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum tertium diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.