House of Lords Journal Volume 62
23 June 1830

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'House of Lords Journal Volume 62: 23 June 1830', Journal of the House of Lords: volume 62: 1830, pp. 760-767. URL: http://www.british-history.ac.uk/report.aspx?compid=16373 Date accessed: 01 August 2014.


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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.