Die Mercurii, 23 Junii 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
|
|
Ds. Lyndhurst,
Cancellarius. |
Epus. Carliol.
Vicecom. Lorton.
Ds. Stafford.
Ds. Belhaven & Stenton.
Ds. Boyle.
Ds. Monson.
Ds. Dynevor.
Ds. Auckland.
Ds. Carbery.
Ds. Dufferin & Claneboye.
Ds. Arden.
Ds. Mont Eagle.
Ds. Lauderdale.
Ds. Ormonde.
Ds. Bexley.
Ds. Wharncliffe.
Ds. Skelmersdale. |
Comes Bathurst,Præses.
Comes Rosslyn.C. P. S.
Dux Norfolk,
Marescallus.
Dux Leeds.
March. Bute.
March. Camden.
March. Cleveland.
Comes Stamford & Warrington.
Comes Winchilsea & Nottingham.
Comes Shaftesbury.
Comes Fitzwilliam.
Comes Radnor.
Comes Hillsborough.
Comes Norwich.
Comes Caledon.
Comes Limerick.
Comes Harewood.
Comes Vane. |
PRAYERS.
Mac Allister v. Mac Allister et al:
After hearing Counsel for the Appellant this Day upon
the amended Petition and Appeal of Colonel Mathew
Mac Allister of Barr, which was brought into this House
on the 12th of February 1828, and which hath since been
revived in the Name of Keith Mac Alister of Barr,
Esquire, Son of the said Colonel Mathew Mac Alister
deceased; complaining of an Interlocutor of the Lords of
Session in Scotland, of the 24th of November 1826, in so
far as it sustains the Defences, and assoilzies the Defenders
from the Conclusions of the Libel; and also of an Interlocutor of the said Lords of Session, of the 30th of June
1827, in so far as it repels his Claim to the Liferent of
Five thousand Pounds; and praying, "That the same
might be reversed, varied or amended, or that the
Appellant might have such Relief in the Premises, as
to this House, in their Lordships great Wisdom, should
seem meet;" as also upon the Answer of Mrs. Flora
Macdonald Mac Alister, Wife of Keith Mac Donald
Mac Alister Esquire, and the said Keith Macdonald Mac
Alister for his Interest; and Lachlan Mackinnon, David
Bridges junior, Donald M'Crumuren and Mathew Norman Macdonald, accepting and surviving Trustees under
their Marriage Settlement; Frances Charlotte Mac Alister,
only Child of the now deceased Mrs. Frances Byng Mac
Alister and Angus Mac Alister of Balnakeil; and the said
Angus Mac Alister, as Administrator in Law for his said
Child; James Ferguson, John Hutcheson Ferguson and
Charles Somerville Mac Alister, Trustees of the said
Frances Byng Mac Alister and Angus Mac Alister under
their Marriage Settlements; John Campbell, Peter Campbell and Hector Mac Donald Buchanan, Trustees of Major
General Keith Mac Alister deceased; and Lieutenant
Colonel John Mac Innes, sole surviving and acting
Executor of the deceased Colonel Norman Mac Alister,
put in to the said Appeal; and Counsel appearing for the
Respondents in the said Appeal; the Counsel were
directed to withdraw:
Interlocutors Affirmed, with Costs.
Ordered and Adjudged, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Petition
and Appeal be, and is hereby dismissed this House, and
that the said Interlocutors, in so far as complained of in
the said Appeal, be, and the same are hereby Affirmed:
And it is further Ordered, That the Appellant do pay or
cause to be paid to the said Respondents the Sum of Fifty
Pounds, for their Costs in respect of the said Appeal.
The Amicable Society v. Bolland et al.
After hearing Counsel, in Part, in the Cause wherein
The Amicable Assurance Society are Appellants, and
James Bolland, and others, are Respondents:
It is Ordered, That the further Hearing of the said
Cause be put off to Friday next.
Berkeley Peerage, Com ee to meet.
Ordered, That the Committee for Privileges to whom
the Petition of William Fitzhardinge Berkeley to His
Majesty, praying, "That His Majesty will be pleased to
direct that a Writ of Summons to attend in Parliament
be addressed to the Petitioner by the Style, Title and
Dignity of Baron Berkeley, of Berkeley," together with
His Majesty's Reference thereof to this House, and the
Report of The Attorney General thereunto annexed, stands
referred, do meet to consider further of the said Claim
on Wednesday the 7th of July next; and that Notice
thereof be given to His Majesty's Attorney General.
M'Lellan v. M'Leod.
Ordered, That the Cause wherein John M'Lellan is
Appellant, and Alexander Norman M'Leod is Respondent,
be heard by Counsel at the Bar on Friday next.
Russell v. D. of Bedford et al.
Ordered, That the Cause wherein Mrs. Euphemia
Russell or Innes is Appellant, and John Duke of Bedford,
and others, are Respondents, be heard by Counsel at the
Bar on Friday next.
Bayley's Divorce Bill:
The Order of the Day being read for the further Consideration and Second Reading of the Bill, intituled,
"An Act to dissolve the Marriage of James Bayley
Esquire with Louisa his Wife, and to enable him to
marry again; and for other Purposes;" and for the
Lords to be summoned;
Counsel were accordingly called in.
Then Charlotte Raymondeu was again called in, and
further examined as follows, partly through the Interpretation of Gerard Graultrie:
(By Counsel.) "Did you at any Time reside with
"Mrs. Bayley at Havre?"
"Yes."
"Who accompanied Mrs. Bayley to Havre?"
"Mrs. Ricketts."
"Did Ann Mathieson attend Mrs. Ricketts as her
Maid?"
"Yes."
"What Hotel did you live at at Havre?"
"The Hotel de l' Europe."
"How soon did you quit the Hotel de l'Europe; and
where did you go to next?"
"To the Hotel de Londres."
"What Apartment did Mrs. Bayley occupy in that
Hotel?"
"No. 3. on the First Floor; a Drawing-room."
"What Floor was the Saloon of the Hotel upon; was
it the same Floor as Mrs. Bayley's Bed-room, or the
Floor above?"
"The Floor above; the Saloon."
"Do you remember, at any Time, a Gentleman coming,
who had his Apartment in No. 6?"
"Yes."
"Who did that Gentleman turn out to be?"
"Mr. Gardiner."
(By a Lord.) "Was he a Clergyman?"
"Yes."
(By Counsel.) "Was it the same Gentleman that you
had seen at Mrs. Bayley's in Paris?"
"Yes."
"In the Rue de Rivoli?"
"Yes."
"Did you at the Time observe any thing take place
between Mrs. Bayley and Mr. Gardiner?"
"Yes."
"Did any thing induce you and Ann Mathieson to
watch what took place between Mrs. Bayley and
Mr. Gardiner?"
"Yes."
"Do you remember at any Time Mrs. Bayley coming
into her own Bed-room while you were there?"
"Yes."
"After that where did you go to?"
"Up Stairs to my Bed-room."
"What Floor was your Bed-room upon?"
"On the Fourth Floor."
"What Floor was No.6. upon, that you say the
Gentleman was in?"
"No.3."
"Then Mrs. Bayley's was upon One Floor; No. 6. was
upon the Floor above; and your Room was upon the
Floor above that?"
"Yes."
"Did you see Mrs. Bayley come out of her Bed-room,
and go anywhere?"
"Yes."
"Where did she go?"
"Into No. 6."
"How long did she remain in No. 6?"
"About a Quarter of an Hour."
"Do you know whether any body was in No. 6. at
that Time?"
"Yes."
"Who was in No. 6. at the Time?"
"Mr. Gardiner."
"Was No. 6. a Bed-room?"
"Yes."
"After Mrs. Bayley came out of No. 6, where did she
go to then?"
"To her Bed-room."
"Did you see Mrs. Bayley and Mr. Gardiner at all
together again that Day?"
"No."
"Upon any other Day do you remember Mrs. Bayley
going again to No. 6?"
"Yes."
"What Day was that?"
"The Day after."
"Where were you upon that Occasion?"
"On the Staircase."
"When you were upon the Staircase you say you saw
Mrs. Bayley go into No. 6; where did she come
from?"
"Her own Bed-room."
"After she went into No. 6. upon that Occasion, did
you hear any thing take place as to the Lock?"
"Yes; I heard the Lock of Mr. Gardiner's Door
locked."
"Do you know how long Mrs. Bayley continued there
upon that Occasion?"
"About a Quarter of an Hour."
"Was it much about the same Time upon this Occasion
as upon the former Occasion?"
"Yes."
"How long after this did Mrs. Bayley continue to live
at the Hotel de Londres?"
"Three Weeks or a Fortnight."
(By a Lord.) "How long did you continue afterwards in the Service of Mrs. Bayley?"
"I left Mrs. Bayley on the 1st of May."
(By Counsel.) "What Month was it that the Transactions took place at Havre; when did you go to
Havre?"
"In February."
(By a Lord.) "Where did you go to after you left
Mrs. Bayley?"
"I came to London."
"What was the Occasion of your quitting Mrs. Bayley's
Service?"
"Because I wanted to go Abroad."
"Was Mrs. Bayley in England when you quitted her
Service?"
"No, at Havre."
(By Counsel.) "Then what do you mean by saying
that you wished to go Abroad?"
"I did not want to live with Mrs. Bayley; I wished
to go Abroad."
"Where did you wish to go to?"
"To Switzerland and Italy."
"Did you enter into any other Person's Service after
you left Mrs. Bayley?"
"Yes."
"Whose was it?"
"Mrs. Bidwell."
"Did she go to Switzerland or to Italy?"
"She went to Switzerland."
"How soon after?"
"Six Weeks after I left Mrs. Bayley."
"Six Weeks after you left Mrs. Bayley, you and
Mrs. Bidwell went to Switzerland?"
"Yes."
"Had you any Quarrel or Difference with Mrs. Bayley?"
"Once in Switzerland; I do not know what for."
"Had you any Quarrel with Mrs. Bayley just before
you left her Service?"
"Yes; with Mrs. Ricketts."
"What was that Quarrel about?"
"About Mr. Gardiner; I heard it at the Door. I
heard Mrs. Bayley and Mrs. Ricketts quarrel because
Mr. Gardiner came into the Hotel."
"Had you yourself any Quarrel with Mrs. Ricketts?"
"No."
"She quarrelled with Mrs. Bayley?"
"Yes."
"Had you ever any Quarrel with Mrs. Bayley?"
"No, never."
"At no Time?"
"Never."
(By a Lord.) "When the Door No. 6. was locked, it
was locked on the Inside, was it?"
"Inside."
"What is the Nature of French Locks; is not the
Key on the Outside, and the Lock on the Inside?"
"The Key was in the Inside."
"Was the Key taken out of the Inside before the
Door was locked?"
"No."
"Was there any Part of the Lock on the Outside?"
"No."
"There was nothing on the Outside to open the
Door?"
"No."
"Was the Key on the Outside?"
"The Key was inside of the Door."
"Was the Lock on the Inside or the Outside?"
"When Mrs. Bayley came into the Room she locked
the Door; the Key was in the Inside, and the Locks
are always in the Inside."
"Was it the habit of this Lady, when she went into
her Room, to lock the Door when she was alone in
it?"
"Never; when she was going to Bed she locked the
Door."
"There was at no Time any possibility of opening
the Door on the Outside but with the Key?"
"Yes."
"And the Key was taken inside in order to lock the
Door?"
"Yes."
"Could the Door be closed without its being locked?"
"I do not know."
"Was it necessary, in order that the Door should catch
when it was closed, that the Key should be turned, or
was there a Handle to the Door besides?"
"The Door could be shut by itself; but, independently
of its being shut, she locked it with the Key when she
went to Bed."
"Was there a Handle outside the Door?"
"I do not know."
(By Counsel.) "When did you first tell Major Bayley
that which you have told their Lordships To-day
about Mr. Gardiner?"
"At Baden."
"How did you happen to see Major Bayley at Baden?"
"Major Bayley saw me first."
"How did Major Bayley and you happen to get
together at Baden?"
"We were in the same Hotel.
"Were you with Mrs. Bidwell at the Hotel at Baden?"
"Yes."
"Was Major Bayley travelling through Baden at the
same Time?"
"Yes; he arrived from Italy."
"Did Major Bayley come to the same Hotel at Baden
that you and Mrs. Bidwell were at?"
"Yes."
(By a Lord.) "Was it by Accident?"
"Yes, quite."
"(By Counsel.) "You and Major Bayley then met at
Baden by Accident?"
"Yes."
"And he first saw you?"
"Yes."
"Had you any Conversation with him, or what led to
your communicating this Event to him?"
"Major Bayley said to me, that for Pity I ought to
say every thing that I knew; that he was ready to
die."
"How came Major Bayley to say any thing to you
about Pity, or any thing else? State all that passed from
the Beginning between you and Major Bayley."
"He arrived by the Diligence; and I was going to
take my Breakfast; he told me he wanted to speak
with me; I went to speak with him after Breakfast;
and he asked me to tell him every thing I knew upon
the Subject."
"How came he to ask you?"
"He told me that Mrs. Bayley had been unfaithful to
him."
"What more did he tell you?"
"He told me to tell him every thing I knew, in every
Particular, and where he could go to get more Information; and I told him to go to the Cousiers at Paris;
and I told him that I had accompanied Mrs. Bayley to
Mr. Gardiner one Night before Mrs. Bayley went to
Bruges."
"Did you tell him all that you have since told their
Lordships upon this Subject?"
"Yes."
The Witness was directed to withdraw.
Then André Gleitz was called in, and sworn; and examined as follows, through the Interpretation of Gerard
Graultrie:
(By Counsel.) "Are you a Swiss?"
"No; a Frenchman."
"Where were you born?"
"At Paris."
"Were you at any Time in the Service of Major Bayley at Paris."
"Yes."
"Where did Major Bayley live at that Time?"
"At the Hotel de Congres, Rue de Rivoli."
"Did you know Mr. Gardiner at Paris?"
"No, I did not know him but after I went to Major
Bayley."
"Did you ever see him at Major Bayley's, and did
you become acquainted with his Person?"
"Yes."
"Did you ever take any Letter from Mrs. Bayley to
Mr. Gardiner?"
"Yes."
"Do you remember Mrs. Bayley going to Bruges?"
"Yes."
"Do you remember Mrs. Bayley going out with her
Maid, the Night that she went to Bruges?"
"I do not know it; but I went to look for the Carriage and Horses, and when I returned I found that
Mrs. Bayley had gone out."
"When the Carriage returned to the Hotel, did
Mrs. Bayley and the Maid return to the Hotel, and
then set out in the Carriage?"
"I was on the Outside, and Mrs. Bayley and the Maid
got into the Carriage."
"Did you see Mrs. Bayley and the Maid come out of
the Hotel before they got into the Carriage?"
"No."
"Do you remember Mrs. Bayley coming back from
Bruges?"
"I saw the Femme de Chambre first."
"Do you remember Mrs. Bayley going to Bruges,
and after a few Days Absence, returning back to
Paris?"
"Yes, I remember that very well."
"Do you remember the Day she came back?"
"Six or Seven Days after."
"Do you remember, the Day that she came back
from Bruges, taking a Letter from Mrs. Bayley to
Mr. Gardiner?"
"Yes; the same Evening."
"Did you see Mrs. Bayley and Mr. Gardiner together
after that Time?"
"I saw Mr. Gardiner many Times coming to the
House."
"Do you remember, any Night when you were going
away from the Hotel yourself, seeing Mr. Gardiner
under the Colonnade?"
"Yes."
Did Mr. Gardiner see you upon that Occasion?"
I thought he saw me, because he went to conceal
himself behind the Column."
"Did you see Mrs. Bayley upon that Occasion?"
"Yes."
"Where did you see her?"
"At the Window."
"Was the Window open or closed?"
"Open."
"Did you hear whether Mr. Gardiner and Mrs. Bayley
were in Conversation together?"
"I did not hear it; I suppose they were in Conversation."
"Were they in such a Posture as Persons would be in
who were in Conversation together?"
"He was upright, and he was looking up."
"Was Mrs. Bayley looking down, as if in Conversation?"
"Mrs. Bayley was leaning upon her Arms upon the
Window."
"Do you remember the Morning that Mrs. Bayley left
Paris?"
"Yes."
"Did you see Mr. Gardiner at Mrs. Bayley's the
Evening before she left Paris?"
"Yes."
"Did you see Mr. Gardiner leave the Hotel that
Night?"
"No."
"At that Time was Mr. Ricketts, the Brother of
Mrs. Bayley, living in the Hotel with her?"
"Yes; he was at the Hotel; he had been to the Play
that Night."
"Do you remember Mr. Ricketts, when he came
home from the Play, desiring to have any Wine and
Water?"
"Yes; Mr. Ricketts returned after Midnight."
"Did he desire to have some Wine and Water?"
"He asked for some Beer."
"In consequence of that, did you go to Mrs. Bayley's
Room to get it?"
"Yes."
"Did you knock at her Bed-room Door?"
"Yes."
"Did any body answer?"
"No."
"Did Mr. Ricketts knock too?"
"Yes."
"Was there any Answer to Mr. Ricketts's Knocking?"
"No."
"Did you sit up all that Night?"
"Yes."
"Do you remember Mrs. Bayley's Bell ringing early
the next Morning?"
"Yes."
"How early?"
"About Half past Five."
"What Time of Year was it?"
"It was in the Winter, in January."
"Did you answer the Bell?"
"Yes, I went up."
"Did Mrs. Bayley speak to you?"
"Yes; she spoke to me through the Door."
"Through the Keyhole?"
"She asked me for the Key; and asked if I had
locked her in."
"Did she name the Time when she supposed you had
locked her in?"
"No; she asked only if I had locked her in."
"What did you say to that?"
"I said that I did not believe that I had locked her
in."
"Did you say that you did not believe that you
locked her in, or that you had not locked her in?"
"I said that I had not locked her in."
"Upon this, what did Mrs. Bayley say to you; did
she give you any Order?"
"She asked me to go up Stairs to the Femme de
Chambre, for a Paper from the Diligence, which she
had lost; and to ask her whether she had locked her
in."
"Did you go up Stairs?"
"Yes."
"Did you return down Stairs to Mrs. Bayley's
Door?"
"Yes."
"When you returned down Stairs, where did you find
Mrs. Bayley?"
"The Door was open when I returned."
"Where was Mrs. Bayley when you returned?"
"In the Saloon."
"Then the Bed-room Door, which she said had been
locked the Night before, was open, and she was in the
Saloon?"
"Yes."
"How was she dressed?"
"She was not dressed; she was only in her Nightgown."
"What was she doing in the Saloon?"
"She was looking for the Paper of the Diligence;
and she told me to look with her, and I could not
find it."
(By a Lord.) "Why did you sit up all Night that
Night?"
"Because the Diligence went off very early, and
I lived at a Distance, and I did not sleep at the
Hotel."
The Witness was directed to withdraw.
Then Ann Mathieson was called in; and having been
sworn, was examined as follows:
(By Counsel.) "Did you live as Maid to Mrs. Ricketts
at any Time?"
"Yes."
"Did you accompany Mrs. Ricketts to Havre?"
"Yes."
"What Time of the Year was it you went to Havre
with Mrs. Ricketts?"
"I cannot exactly tell the Month; it was in the
Winter."
"Did Mrs. Bayley, Mrs. Ricketts's Daughter, accompany her?"
"Yes."
"Did the Witness Charlotte Raymondeu go with
Mrs. Bayley as her Maid?"
"Yes."
"Were you acquainted with Mr. Edward Gardiner?"
"I saw him in Paris several Times."
"Did you afterwards see him at Havre?"
"Yes."
"What Hotel did you live in at Havre?"
"The Hotel de Londres."
"Do you remember Mr. Gardiner coming to the Hotel
de Londres?"
"Yes."
"What Number did Mrs. Bayley occupy; what Bedroom?"
"She occupied No. 4."
"What Bed-room did Mr. Gardiner occupy?"
"No. 6."
"Was No. 6. upon the Floor above No. 4?"
"Yes."
"What Room did you and Charlotte Raymondeu
occupy?"
"No.3."
"Was that upon the Floor above No. 6?"
"Not exactly over."
"In consequence of something you had heard, did
you and Charlotte Raymondeu watch Mrs. Bayley and
Mr. Gardiner at any Time?"
"Yes."
"Do you remember seeing Mrs. Bayley upon any
Occasion go out of her own Room, No. 4, anywhere?"
"Yes; into Mr. Gardiner's Room, No.6."
"How long did she stay there?"
"About a Quarter of an Hour, the first Time."
"Did you see her come out of No. 6?"
"Yes."
"Where did she go then?"
"Into her own Room."
"Did you see them together again that Day?"
"I saw her come out of No. 6. again that Day."
"How long had you been observing the Door of
No. 6. before you saw her come out the second
Time?"
"I was not watching the second Time."
"Was it then merely accidentally that you saw her
come out the second Time?"
"Yes."
"Do you know whether Mr. Gardiner was in the
Room No. 6. at the Time Mrs. Bayley was there?"
"I heard them speaking together."
"Upon both Occasions, or only the first?"
"Only the first."
"Did you know Mr. Gardiner's Voice?"
"I saw him."
"Did you see him in the Room?"
"I saw him going down Stairs."
"Was that after, or before?"
"In the Evening, about Ten o'Clock."
"What Room did you see them come out of, when you
saw him going down Stairs?"
"No. 6."
"Did you know his Voice sufficiently, from having
seen him at Paris and at Havre, to say that the Voice
that you heard was his?"
"I did not hear his Voice to know that it was
Mr. Gardiner."
"But did you hear a Conversation at the Time that
you saw Mrs Bayley go in the first Time?"
"Yes."
"How do you know that it was Mr. Gardiner that was
there at the Time?"
"I went into his Room, and saw his Name on his Hat
Box, "Mr. E. Gardiner."
"That was the first Day you saw them together. Now
upon any other Day did you see Mrs. Bayley go into
No.6?"
"No."
"Did you upon any other Occasion see Mrs. Bayley
come out of No. 6?"
"No. He left the next Day; on the Sunday."
"The second Time that you saw Mrs. Bayley come
out of No. 6. what Time of the Day was it?"
"In the Afternoon."
"Do you remember seeing Mr. Gardiner come out of
No. 6, in the Night-time?"
"Yes."
"Where did you see him go to when you saw him come
out of No. 6?"
"I ran down Stairs, and he came back again to his
own Room."
"Did you come down Stairs so as to be seen by
Mr. Gardiner?"
"Yes; he passed me upon the Stairs."
"Upon his passing you upon the Stairs, did he then go
back again?"
"Yes."
"Had Mrs. Bayley retired to her own Room by that
Time?"
"She was in her Bed."
"After Mr. Gardiner went back to his Room upon
seeing you upon the Staircase, where did you go to?"
"I went down Stairs, and then came up again."
"After you returned up Stairs again the last Time,
did you see Mr. Gardiner come out again?"
"No; but I heard his Door open."
"Do you mean, by his Door, No. 6?"
"Yes."
"After you heard the Door of No. 6. open, did you
hear any thing else?"
"No."
"Did you hear any Footsteps?"
"No."
"How do you know it was the Door of No. 6?"
"It was exactly under ours, and no one occupied the
others."
"Did you hear it open and shut, or only open?"
"Open and shut."
"Where the Person went then you do not know?"
"No."
The Witness was directed to withdraw.
Then George Montague Upcroft was called in; and having
been sworn, was examined as follows:
(By Counsel.) "What Paper do you produce?"
"An examined Copy of a Judgment at Law in an
Action brought at the Suit of Major Bayley against
Edward Gardiner."
"Did you examine it yourself with the Original?"
"I did."
"Is it an exact Copy?"
"It is."
"What is the Verdict?"
"One hundred Pounds."
"Do you know whether the Damages and Costs have
been paid?"
"Yes."
"Who paid them?"
"The Solicitor for the Defendant."
"Who did you pay them over to?"
"I paid them to Mr. Metcalfe."
The same was delivered in and read, being an Office
Copy of a Record of a Judgment in the Court of King's
Bench, in Michaelmas Term, in the Tenth Year of the
Reign of His present Majesty, in an Action by James
Bayley against Edward Gardiner, for Trespass, Assault
and Criminal Conversation with Louisa the Wife of the
said James Bayley, for £100 Damages, besides Costs of
Suit.
The Witness was directed to withdraw.
Then Thomas Metcalfe Esquire was again called in, and
further examined as follows:
(By Counsel.) "Did you receive the Damages which
were paid by the Solicitor for Mr. Gardiner?"
"I received them on the Part of Major Bayley, and I
still retain them on his Account."
The Witness was directed to withdraw.
The Counsel was directed to withdraw.
Ordered, That the further Consideration and Second
Reading of the said Bill be put off sine Die.
Evidence to be printed.
Ordered, That the Evidence taken upon the Second
Reading of the said Bill be printed.
Qualifications of Deputy Lieutenants, &c. Return of, delivered.
The Earl of Shaftesbury laid before the House, pursuant
to the Directions of an Act of Parliament,
"Return of Qualifications of Deputy Lieutenants and
Commission Officers in the Militia, transmitted to His
Majesty's Principal Secretary of State for the Home
Department since those last presented to The House
of Peers;" together with a List thereof.
Which List was read by the Clerk as follows; (vizt.)
"No. 1. Derby.
"No. 2. Essex.
"No. 3. Lancashire.
"No. 4. Leicestershire.
"No. 5. Middlesex.
"No. 6. Sussex.
"No. 7. Yorkshire."
Ordered, That the said Return do lie on the Table.
Duffy v. Orr et al.
The House being moved, "That a Day may be appointed for hearing the Cause wherein Cornelius Duffy
is Appellant, and Robert Orr, 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.
Innes v. Innes:
Upon reading the Petition of John Innes Esquire,
Appellant in a Cause depending in this House, to which
William Innes Esquire is Respondent; praying their
Lordships "to grant Leave to the Petitioner to withdraw
"the said Appeal, the Agent for the Respondent having
signed the said Petition as consenting thereto:"
Appeal withdrawn.
It is Ordered, That the Petitioner be at liberty to
withdraw his said Appeal, as desired.
Bute Ship Canal Bill.
The Earl of Shaftesbury reported from the Lords
Committees, to whom the Bill, intituled, "An Act for
empowering The Marquis of Bute to make and maintain
a Ship Canal, commencing near the Mouth of the River
Taff, in the County of Glamorgan, and terminating
near the Town of Cardiff, with other Works to communicate therewith," was committed; "That they
had considered the said Bill, and examined the
Allegations thereof, which were found to be true;
and that the Committee had gone through the Bill,
and made One Amendment thereto."
Which Amendment was read by the Clerk as follows;
(vizt.)
"Pr. 115. L. 25. After ("Third") insert Clause A.
"Clause A. Provided always, and be it further
enacted, That nothing herein contained shall abrogate,
lessen, prejudice or in any Manner affect the Right or
Interest of Richard Blakemore Esquire, or other the
Proprietor or Proprietors for the Time being of the
Melin Griffith and Pentyrch Works in or to the surplus
Water of the said Glamorganshire Canal, as the same
was secured to the Proprietors of the said Works by
the said Acts of the Thirtieth and Thirty-sixth Years
of the Reign of His late Majesty, but he and they
shall, from and after the passing of this Act, continue
entitled to surplus Water in the same Manner, to the
same Extent, and as fully and effectually, to all Intents
and Purposes, as if this Act had not been made; any
thing herein contained to the contrary thereof in anywise notwithstanding."
And the said Amendment, being read a Second Time,
was agreed to by the House.
Forgeries Bill, Petitions from New Woodstock, & Wesleyans of Canterbury, in favor of.
Upon reading the Petition of the Inhabitant Householders of the Borough of New Woodstock, in the County
of Oxford, whose Names are thereunto subscribed;
praying their Lordships, "That the Bill which has
passed the House of Commons for abolishing the
Capital Punishment for the Crime of Forgery may also
receive their Concurrence, and eventually become the
Law of the Land:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of the Members of the
Society and Congregation of Wesleyan Methodists resident in the City of Canterbury and its Vicinity, whose
Names are thereunto subscribed; praying their Lordships
"to extend their Sanction to the Measure for mitigating
the Penalty of Death for the Crime of Forgery,
believing, as the Petitioners do, that it will have a
beneficial Tendency, by producing the Repression of
Crime and the Protection of Property:"
It is Ordered, That the said Petition do lie on the
Table.
Bankers (Ireland) Bill.
The Order of the Day being read for the Second
Reading of the Bill, intituled, "An Act to explain Two
Acts of His present Majesty, for establishing an Agreement with The Governor and Company of the Bank of
Ireland, for advancing the Sum of Five hundred
thousand Pounds Irish Currency, and for the better
Regulation of Copartnerships of certain Bankers in
Ireland;"
The said Bill was accordingly read a Second Time.
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee
upon the said Bill To-morrow.
Transportation of Offenders Bill.
The Order of the Day being read for the Second
Reading of the Bill, intituled, "An Act to amend an
Act passed in the Fifth Year of His present Majesty,
for the Transportation of Offenders from Great Britain;
and for punishing Offences committed by Transports
kept to Labour in the Colonies;"
The said Bill was accordingly read a Second Time.
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee
upon the said Bill To-morrow.
Insolvent Debtors Bill.
The Earl of Shaftesbury (according to Order) reported
the Amendments made by the Committee of the Whole
House to the Bill, intituled, "An Act to continue for
Two Years, and from thence to the End of the then
next Session of Parliament, and amend, the Laws for
the Relief of Insolvent Debtors in England."
The said Amendments were read by the Clerk as
follow; (viz
t.)
"Pr. 2. L. 7. Leave out ("discharged") and insert
("who petitioned")
"L. 9. Leave out ("discharged") and insert
("petitioning")
"L. 10. Leave out from ("Act") to ("And")
in Line penult.
"Pr. 5. L. 13. Leave out from ("Purposes") to
("And") in Press 8, Line 9.
"Pr. 9. L. 18 & 19. Leave out from ("notwithstanding") to ("And") in Press 10, Line 8.
"Pr. 11. L. 20. Leave out from ("Creditors") to
("And") in Press 12, Line 38.
"In the Title of the Bill:
"L. 1. Leave out from ("continue") to ("and") in
Line 3."
And the said Amendments, being read a Second Time,
were agreed to by the House.
Leave to Sir M. Somerville to attend Com ee on Viscount Boyne's Claim.
A Message was brought from the House of Commons,
by Sir Alexander Grant and others, as follows:
"My Lords,
"The Commons have directed me to acquaint your
Lordships, That they have given Leave to Sir Marcus
Somerville Baronet, a Member of their House, to attend
your Lordships, in order to his being examined as a
Witness before the Lords Committees for Privileges to
whom the Petition of Viscount Boyne, claiming a Right
to vote at the Elections of Peers for Ireland to sit in
the Parliament of the United Kingdom, stands referred,
if he should think fit, as desired by your Lordships in
your Message of Yesterday."
Glasgow & Kilmarnock Road Bill.
A Message was brought from the House of Commons,
by Sir Alexander Grant and others;
With a Bill, intituled, "An Act for amending and
continuing an Act for repairing Roads in the County
of Renfrew, and for altering the Line of Road between
Glasgow and Kilmarnock, in the said County;" to which
they desire the Concurrence of this House.
The said Bill was read the First Time.
East India Co. Account of Losses of, delivered, & referred to East India Com ee.
The House being informed, "That Mr. Danvers, from
the Court of Directors of The East India Company,
attended;"
He was called in; and delivered at the Bar, pursuant
to an Order of the 29th of March last,
"An Account of Losses sustained by The East India
Company from Perils of the Sea, Damage of Ships or
Cargoes, from Bad Debts, &c. in each Year, from
1822-23 to 1828-29 inclusive."
And then he withdrew.
And the Title thereof being read by the Clerk;
Ordered, That the said Account do lie on the Table.
Ordered, That the said Account be printed.
Ordered, That the said Account be referred to the
Select Committee appointed to enquire into the present
State of the Affairs of The East India Company, and into
the Trade between Great Britain, the East Indies and
China.
Bills passed by Commission.
The Lord Chancellor acquainted the House, "That
His Majesty had been pleased to issue a Commission to
several Lords therein named, for declaring His Royal
Assent to several Acts agreed upon by both Houses of
Parliament."
The House was adjourned during Pleasure.
The House was resumed.
Then Three of the Lords Commissioners, being in their
Robes, and seated on a Form placed between the Throne
and the Woolsack, The Lord Chancellor in the Middle,
with The Lord Privy Seal on his Right Hand, and The
Earl of Shaftesbury on his Left; commanded the
Yeoman Usher of the Black Rod to signify to the
Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission
read."
Who being come, with their Speaker;
The Lord Chancellor said,
"My Lords, and Gentlemen of the House of Commons,
"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a
Commission to be issued under the Great Seal, and
thereby given His Royal Assent to divers Acts which
have been agreed upon by both Houses of Parliament,
the Titles whereof are particularly mentioned; and by
the said Commission hath commanded us to declare
and notify His Royal Assent to the said several Acts,
in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will
now hear read."
Then the said Commission was read by the Clerk as
follows; (vizt.)
(Indorsement.)
"Commission for giving the Royal Assent to certain
Acts of Parliament,
"Lyndhurst, C.
"Rosslyn.
"Robert Peel."
|
|
|
GEORGE R. |
"Affixed in His Majesty's Presence and
by His Majesty's Command. |
| Wellington. W. Keppel. |
"George the Fourth, by the Grace of God, of the
United Kingdom of Great Britain and Ireland, King,
Defender of the Faith; To Our right trusty and right
well-beloved the Lords Spiritual and Temporal, and
to Our trusty and well-beloved the Knights, Citizens
and Burgesses, and the Commissioners for Shires and
Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas in Our said
Parliament divers and sundry Acts have been agreed
and accorded on by you Our loving Subjects the Lords
Spiritual and Temporal, and the Commons, in this
Our present Parliament assembled, and endorsed by
you as hath been accustomed, the Titles and Names of
which Acts hereafter do particularly ensue; (that is to
say,) "An Act to apply a certain Sum of Money out
of the Consolidated Fund to the Service of the Year
One thousand eight hundred and thirty:" "An Act to
suspend until the End of the next Session of Parliament the making of Lists and the Ballots and Enrolments for the Militia of the United Kingdom:" "An
Act for taking an Account of the Population of Great
Britain, and of the Increase or Diminution thereof:"
"An Act for reducing the Duty on Malt made from
Bear or Bigg only, in Ireland, to the same Duty as is
now payable thereon in Scotland:" "An Act for
repairing and otherwise improving the Road from
Beverley, by Molescroft, to Kendell House, and the
Road from Molescroft to Bainton Balk, in the County
of York:" "An Act for authorizing Leases to be
granted of such of the Estates in the County of Cornwall as were devised by the Will of Sir Christopher
Hawkins Baronet, deceased, to Christopher Henry
Thomas Hawkins, an Infant, during his Life:" "An
Act for authorizing the granting of Building and other
Leases of Freehold Ground and Hereditaments late
the Property of Dame Mary Evelyn deceased, in the
Parishes of Saint Paul and Saint Nicholas, Deptford, in
the County of Kent:" "An Act for renewing, granting
and confirming certain Powers and Authorities to Sir
Peter Pole Baronet, given or limited by the Will of
Sir Charles Pole Baronet, deceased, and an Indenture
of Release affecting his Estates in the County of Southampton:" "An Act for exchanging the Estates in the
County of Northampton of which The Most Noble
Walter Francis Douglas Montagu Duke of Buccleuch
and Queensberry is Tenant in Tail under the Will of
The Most Noble John late Duke of Montagu, deceased,
for some of his Settled Estates in the Counties of
Lancaster and York of which he is Tenant for Life
under the Will of The Most Noble Elizabeth late
Duchess of Buccleuch and Queensberry, deceased."
And albeit the said Acts, by you Our said Subjects,
the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto,
yet nevertheless the same are not of Force and Effect
in the Law without Our Royal Assent given and put
to the said Acts; And for as much as for divers Causes
and Considerations We cannot conveniently at this
Time be present in Our Royal Person in the Higher
House of Our said Parliament, being the accustomed
Place for giving Our Royal Assent to such Acts as
have been agreed upon by you Our said Subjects, the
Lords and Commons, We have therefore caused these
Our Letters Patent to be made, and have caused
Our Royal Signature to be affixed hereto according to
the Statute in such Case made and provided, and
by the same do give and put Our Royal Assent
to the said Acts, and to all Articles, Clauses and
Provisions therein contained, and have fully agreed
and assented to the said Acts; Willing that the
said Acts, and every Article, Clause, Sentence and
Provision therein contained, from henceforth shall
be of the same Strength, Force and Effect, as if We
had been personally present in the said Higher House,
and had openly and publicly, in the Presence of you
all, assented to the same: And We do by these
Presents declare and notify the same Our Royal
Assent, as well to you the Lords Spiritual and
Temporal, and Commons aforesaid, as to all others
whom it may concern; Commanding also by these
Presents Our well-beloved and faithful Councillor
John Singleton Lord Lyndhurst, Our Chancellor of
that Part of Our United Kingdom of Great Britain
and Ireland called Great Britain, to seal these Our
Letters Patent with Our Great Seal of Our United
Kingdom of Great Britain and Ireland; and also
commanding Our most dear Brothers and faithful
Councillors William Duke of Clarence, Ernest Duke of
Cumberland, Augustus Duke of Sussex, Adolphus Duke
of Cambridge; Our most dear Cousin and faithful
Councillor William Frederick Duke of Gloucester; The
Most Reverend Father in God and Our faithful Councillor William Archbishop of Canterbury, Primate and
Metropolitan of all England; Our well-beloved and
faithful Councillor John Singleton Lord Lyndhurst,
Chancellor of that Part of Our United Kingdom of
Great Britain and Ireland called Great Britain; Our
most dear Cousins and Councillors Henry Earl Bathurst,
President of Our Council; James Earl of Rosslyn,
Keeper of Our Privy Seal; James Duke of Montrose,
Chamberlain of Our Household; George William
Frederick Duke of Leeds, Master of Our Horse;
William Duke of Devonshire, William Henry Duke of
Portland, Arthur Duke of Wellington, Henry Marquess
Conyngham, Steward of Our Household; Charles Marquess of Winchester, Groom of Our Stole; Henry
Marquess of Lansdowne, Richard Marquess Wellesley,
John Jeffreys Marquess Camden, Henry William Marquess of Anglesey, John Earl of Westmorland, George
Earl of Carlisle, Cropley Ashley Earl of Shaftesbury,
George Earl of Aberdeen, One of Our Principal Secretaries of State; William Earl Fitzwilliam, George John
Earl Spencer, John Earl of Chatham, John Earl of
Eldon, John William Earl of Dudley, Robert Viscount
Melville, Henry Viscount Sidmouth, Frederick John
Viscount Goderich; Our well-beloved and faithful
Councillors Henry Richard Lord Holland, William
Wyndham Lord Grenville, Edward Lord Ellenborough,
Nicholas Lord Bexley and Charles Lord Tenterden,
or any Three or more of them, to declare and notify
this Our Royal Assent in Our Absence in the said
Higher House, in the Presence of you, the said Lords
and Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms
and Words, in Our Name, as is requisite, and hath
been accustomed for the same, and also to enrol these
Our Letters Patent, and the said Acts, in the Parliament
Roll; and these Our Letters Patent shall be to every
of them a sufficient Warrant in that Behalf: And We
do declare and will, that after this Our Royal Assent
given and passed by these Presents, and declared and
notified as is aforesaid, then and immediately the said
Acts shall be taken, accepted and admitted good, sufficient and perfect Acts of Parliament and Laws, to all
Intents, Constructions and Purposes, and to be put in
due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use,
Custom, Thing or Things to the contrary thereof notwithstanding: And whereas by Our Letters Patent,
bearing Date at Westminster the Third Day of February
last past, We did give and grant unto the said Duke
of Clarence, Duke of Cumberland, Duke of Sussex,
Duke of Cambridge, Duke of Gloucester, Archbishop
of Canterbury, Lord Lyndhurst, Earl Bathurst, Earl
of Rosslyn, Duke of Montrose, Duke of Leeds, Duke
of Devonshire, Duke of Portland, Duke of Wellington,
Marquess Conyngham, Marquess of Winchester, Marquess of Lansdowne, Marquess Wellesley, Marquess
Camden, Marquess of Anglesey, Earl of Westmorland,
Earl of Carlisle, Earl of Shaftesbury, Earl of Aberdeen,
Earl Fitzwilliam, Earl Spencer, Earl of Chatham,
Earl of Eldon, Earl of Dudley, Viscount Melville,
Viscount Sidmouth, Viscount Goderich, Lord Holland,
Lord Grenville, Lord Ellenborough, Lord Bexley and
Lord Tenterden, and any Three of them, full Power,
in Our Name, to hold Our said Parliament, and
to open and declare, and cause to be opened and
declared, the Causes of holding the same; and to
proceed upon the said Affairs in Our said Parliament, and in all Matters arising therein, and to do
every thing which for Us, and by Us, for the good
Government of Our said United Kingdom of Great
Britain and Ireland, and of other Our Dominions
belonging to Our said United Kingdom, should be
therein to be done; and also, if necessary, to continue,
adjourn and prorogue Our said Parliament: We do
hereby further declare that Our said Letters Patent,
and every Clause, Matter and Thing therein contained,
shall be and remain in the same Force and Strength as
if these Presents had not been had or made, and that
nothing herein contained shall be deemed or taken to
affect or invalidate the said recited Letters Patent, or
any of the Powers or Authorities therein contained, or
the Exercise thereof, or of any of them. In Witness
whereof We have caused these Our Letters to be made
Patent.
"Witness Ourself at Westminster, the Twentythird Day of June, in the Eleventh Year of Our
Reign.
"By the King Himself, His Majesty's Royal Signature being affixed hereto according to the Statute
in such Case made and provided.
"Bathurst."
Then The Lord Chancellor said,
"In obedience to His Majesty's Commands, and by
virtue of the Commission which has been now read, We
do declare and notify to you, the Lords Spiritual and
Temporal, and Commons, in Parliament assembled,
That His Majesty hath given His Royal Assent to the
several Acts in the Commission mentioned; and the
Clerks are required to pass the same in the usual Form
and Words."
Then the Clerk Assistant, having received the Money
Bill from the Hands of the Speaker, brought it to the
Table, where the Assistant Reading Clerk read the
Titles of that and the other Bills to be passed, severally,
as follow; (vizt.)
1. "An Act to apply a certain Sum of Money out of
the Consolidated Fund to the Service of the Year One
thousand eight hundred and thirty."
To this Bill the Royal Assent was pronounced by the
Clerk Assistant in these Words; (vizt.)
"Le Roy remercie ses bons Sujets, accepte leur
Benevolence, et ainsi le veult."
2. "An Act to suspend until the End of the next
Session of Parliament the making of Lists and the
Ballots and Enrolments for the Militia of the United
Kingdom."
3. "An Act for taking an Account of the Population
of Great Britain, and of the Increase or Diminution
thereof."
4. "An Act for reducing the Duty on Malt made
from Bear or Bigg only, in Ireland, to the same Duty as
is now payable thereon in Scotland."
5. "An Act for repairing and otherwise improving
the Road from Beverley, by Molescroft, to Kendell
House, and the Road from Molescroft to Bainton Balk,
in the County of York."
To these Bills the Royal Assent was pronounced,
severally, by the Clerk Assistant, in these Words; (vizt.)
"Le Roy le veult."
6. "An Act for authorizing Leases to be granted of
such of the Estates in the County of Cornwall as were
devised by the Will of Sir Christopher Hawkins Baronet,
deceased, to Christopher Henry Thomas Hawkins, an
Infant, during his Life."
7. "An Act for authorizing the granting of Building
and other Leases of Freehold Ground and Hereditaments late the Property of Dame Mary Evelyn
deceased, in the Parishes of Saint Paul and Saint
Nicholas, Deptford, in the County of Kent."
8. "An Act for renewing, granting and confirming
certain Powers and Authorities to Sir Peter Pole
Baronet, given or limited by the Will of Sir Charles
Pole Baronet, deceased, and an Indenture of Release
affecting his Estates in the County of Southampton."
9. "An Act for exchanging the Estates in the County
of Northampton of which The Most Noble Walter
Francis Douglas Montagu Duke of Buccleuch and
Queensberry is Tenant in Tail under the Will of The
Most Noble John late Duke of Montagu, deceased, for
some of his Settled Estates in the Counties of Lancaster
and York of which he is Tenant for Life under the
Will of The Most Noble Elizabeth late Duchess of
Buccleuch and Queensberry, deceased."
To these Bills the Royal Assent was pronounced,
severally, by the Clerk Assistant, in these Words; (vizt.)
"Soit fait comme il est desire."
Then the Commons withdrew.
The House was adjourned during Pleasure.
The House was resumed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Jovis, vicesimum
quartum diem instantis Junii, horâ undecimâ Auroræ,
Dominis sic decernentibus.