House of Lords Journal Volume 62
9 July 1830

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'House of Lords Journal Volume 62: 9 July 1830', Journal of the House of Lords: volume 62: 1830, pp. 850-862. URL: http://www.british-history.ac.uk/report.aspx?compid=16387 Date accessed: 25 October 2014.


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Contents

Die Veneris, 9 Julii 1830.
Viscount Anson takes the Oathes. The Amicable Society v. Bolland et al: Decree Reversed. M'Lellan v. M'Leod: Interlocutors Affirmed. Keble et al. v. Templer et al. et e con. M'Donald v. M'Donald: Dobie to enter into a Recog ee on it. Harris v. Kemble et al. Duffy v. Orr et al. Solicitors of Edinburgh v. Smillie et al. Respondents Petition to lodge their Case, referred to Appeal Com ee. J. & S. Johnstone v. Darling: Poole to enter into a Recog ce on it. Legislative Assembly (Canada) Bill. Criminal Laws, Petitions for Revision of: (St. Mary, Newington:) China Terrace Chapel, Lambeth: York St. Chapel, Walworth: Stowmarket: East Bergholt. Beer Bill, Petition from Chester against. Message to H.C. for Evidence on State of the Poor, Ireland. Galway Town Regulation Bill, Petition of J. Joyes against proposed Amendment. Beer Bill reported: To be read 3a. Forgeries Bill reported: To be read 3a. Fees, Common Law Courts, Bill reported: To be read 3a. County Rates) Ireland) Bill reported: To be read 3a. Lunatics Property Bill reported: To be read 3a. Property in Infants Bill reported: To be read 3a. Army Pensions Bill: Message to H.C. that the Lords have agreed to it. Fees Abolition on Demise of the Crown Bill. Surrey Coal Meters Bill. Treasurer of the Navy Bill. Spirits Duties Bill. Sugar Duties Bill. West India Spirits Bill. Custom Duties (Crown Goods) Bill. Diocesan Schools (Ireland) Bill. Wallbeoff's Petition for a Divorce Bill, Report from Com ee: Bill presented: Examination of Witnesses thereon, to be taken in India. Arms (Ireland) Bill. Russell et al. Leave for a Bill: Bill read 1a: To be read 2a: Motion for shortening the Com ee on it. Antigua, Petition of Free Inhabitants, for Removal of Political Disabilities. Message to H.C. for Report, &c. on Affairs of The East India Co. Communications with Canada, Address for. State of Ireland, Petition from Kent for Consideration of. Holyhead, &c. Roads Bill. Consolidaed Fund Bill brought from H.C. & read 1a: Motion to print the Bill, Negatived. Exchequer Bills (£13,607,600) Bill. Warehoused Sugar Bill. Beer & Cyder Duties Bill. Fisheries Bill. Militia Pay Bill. Rother Levels Drainage Bill. Meltham Inclosure Bill. Court of Session Bill. Lords summoned. East Retford Election Bill: Witnesses discharged from further Attendance on it: Witnesses to attend. Illusory Appointments Bill. Real Property Liability Bill. Stage Coach Proprietors Bill. Law of Libel Bill. Witnesses Expences (Ireland) Bill. Adjourn.

Die Veneris, 9 Julii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar
Ds. Lyndhurst,
Cancellarius.
Epus. Londinen.
Epus. Carliol.
Epus. Roffen.
Vicecom. Arbuthnott.
Vicecom. Doneraile.
Vicecom. Melville.
Vicecom. Anson.
Vicecom. Gordon.
Vicecom. Combermere.
Vicecom. Goderick.
Ds. De Clifford.
Ds. Dacre.
Ds. Clinton.
Ds. Clifton.
Ds. Teynham.
Ds. Stafford.
Ds. Gower.
Ds. Saltoun.
Ds. Colville of Culross.
Ds. Napier.
Ds. Belhaven & Stenton.
Ds. Boyle.
Ds. Hay.
Ds. King.
Ds. Monson.
Ds. Sherborne.
Ds. Montagu.
Ds. Selsey.
Ds. Calthorpe.
Ds. De Dunstanville & Bassett.
Ds. Northwick.
Ds. Carbery.
Ds. Ellenborough.
Ds. Barham.
Ds. Lauderdale.
Ds. Ailsa.
Ds. Hill.
Ds. Meldrum.
Ds. Ross.
Ds. Melbourne.
Ds. Ker.
Ds. Ormonde.
Ds. Glenlyon.
Ds. Farnborough.
Ds. Wharncliffe.
Ds. Fife.
Ds. Durham.
Ds. Skelmersdale.
Ds. Wallace.
Ds. Wynford.
Comes Bathurst, Præses.
Comes Rosslyn, C. P. S.
Dux Richmond.
Dux Beaufort.
Dux Leeds.
Dux Wellington.
March. Salisbury.
March. Bute.
March. Bristol.
March. Cleveland.
Comes Denbigh.
Comes Carlisle.
Comes Doncaster.
Comes Shaftesbury.
Comes Jersey.
Comes Dartmouth.
Comes Tankerville.
Comes Cowper.
Comes Stanhope.
Comes Brooke & Warwick.
Comes Hardwicke.
Comes Radnor.
Comes Hillsborough.
Comes Clarendon.
Comes Talbot.
Comes Grosvenor.
Comes Mansfield.
Comes Malmesbury.
Comes Charlemont.
Comes Wicklow.
Comes Caledon.
Comes Limerick.
Comes Charleville.
Comes Manvers.
Comes Grey.
Comes Lonsdale.
Comes Harrowby.
Comes Cathcart.
Comes Beauchamp.
Comes Glengall.
Comes Eldon.
Comes Falmouth.
Comes Vane.
Comes Amherst.
Comes Dudley.
Comes Cawdor.

PRAYERS.

Viscount Anson takes the Oathes.

This Day Thomas William Viscount Anson took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The Amicable Society v. Bolland et al:

The House proceeded to take into further Consideration the Cause wherein The Amicable Assurance Society are Appellants, and James Bolland, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Wednesday the 23rd as on Friday the 25th Days of June last, upon the Petition and Appeal of The Amicable Society for a perpetual Assurance Office, complaining of a Decree of the Master of the Rolls of the 21st of May 1827, made in a certain Cause wherein James Bolland, Joseph Hare and Matthias Koops Knight were Plaintiffs, and James Catherow Disney and Ann Nelson his Wife, Sir Everard Home Baronet, Joseph Birch and The Amicable Society for a perpetual Assurance Office were Defendants, so far as the said Decree declares that the Plaintiffs, as Assignees of Henry Fauntleroy, the Bankrupt in the Pleadings named, since deceased, are entitled to the Policy of Assurance bearing Date the 11th Day of January 1815, in the Pleadings mentioned, upon the Life of the said Henry Fauntleroy, and the Money then payable thereon, and which orders that the Petitioners shall pay to the Plaintiffs, as such Assignees as aforesaid, the Sum of Six thousand and eighty-four Pounds Seven Shillings and Sixpence, so payable upon the said Policy of Assurance as aforesaid; and also to that Part of the said Decree by which His Honor declared that he did not think fit to give any Costs as between the said Plaintiffs and the Petitioners, (and which Decree was passed by the Register of the Court of Chancery on the 8th Day of November 1827, and has been duly signed and enrolled;) and praying, "That the same might be reversed, and that the said Plaintiffs might be ordered to repay to the Petitioners the said Sum of Six thousand and eighty-four Pounds Seven Shillings and Sixpence, so paid by them to the said Plaintiffs, in pursuance of the said Decree and the said Order of the 4th Day of December 1827, or that the Petitioners 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 James Bolland, Joseph Hare and Matthias Koops Knight, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Decree Reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal, be, and the same is hereby Reversed; and that the Respondents do repay to the Appellants the said Sum of Six thousand and eightyfour Pounds Seven Shillings and Sixpence, so paid by them to the said Respondents in pursuance of the said Decree and the said Order of the 4th Day of December 1827.

M'Lellan v. M'Leod:

The House proceeded to take into further Consideration the Cause wherein John M'Lellan is Appellant, and Alexander Norman M'Leod is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Friday the 25th Day of June last as on Friday the 2d Day of this instant July, upon the Petition and Appeal of John M'Lellan, Merchant in Greenock; complaining of Fourteen Interlocutors of the Lord Ordinary in Scotland, of the 16th of May, the 1st of July and the 14th of November 1826, the 16th, 23d and 31st of January, the 6th and 13th of February, the 3d and 7th of March, the 22d of May, the 3d of July, the 24th of November and the 6th of December 1827, in so far as they have the Effect of separating the Two Actions, after they had been conjoined by a previous Interlocutor which expressly formed them into One united Process; also of an Interlocutor of the said Lord Ordinary, of the 12th of December 1827, in so far as it repels the Reasons of Reduction, and assoilzies the Defender, and decerns; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 14th of May 1828; and praying, "That the same might be reversed, varied or amended, so far as complained of, 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 Alexander Norman M'Leod Esquire, of Harris, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutors Affirmed.

It is 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 Interlocutors therein complained of, be, and the same are hereby Affirmed.

Keble et al. v. Templer et al. et e con.

Ordered, That the further Consideration of the Cause wherein Page Keble Esquire, and others, are Appellants, and The Reverend George Henry Templer junior, and others, are Respondents, et e contra, which stands appointed for this Day, be put off to Monday next.

M'Donald v. M'Donald:

Upon reading the Petition and Appeal of Mrs. Elizabeth Stewart or M'Donald, Spouse of Ranald or Reginald M'Donald of Staffa, Esquire, Advocate, Sheriff Depute of the County of Stirling; complaining of Two Interlocutors of the Commissaries of Edinburgh, of the 23d of October 1829 and the 5th of February 1830; also of an Interlocutor of the Lord Ordinary in Scotland of the 28th of April 1830; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 22d of June 1830; 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 said Ranald or Reginald M'Donald may be required to answer the said Appeal:"

It is Ordered, That the said Ranald or Reginald M'Donald may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 6th Day of August next; and Service of this Order upon the said Respondent, or upon any one of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Dobie to enter into a Recog ee on it.

The House being moved, "That Alexander Dobie of Palsgrave Place, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Mrs. Elizabeth Stewart or M'Donald, on account of her Appeal depending in this House, she residing in Scotland:"

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

Harris v. Kemble et al.

The House being moved, "That the Cause wherein Henry Harris is Appellant, and Charles Kemble, and others, are Respondents, may be heard ex-parte, in so far as respects Francis Const, William Harrison and James Trotter, they not having put in their Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, in so far as respects the said Francis Const, William Harrison and James Trotter, unless they put in their Answer thereto in the mean time.

Duffy v. Orr et al.

The House being moved, "That the Cause wherein Cornelius Duffy is Appellant, and Robert Orr, and others, are Respondents, may be heard ex-parte, in so far as respects Patrick Thomas Duffy, Peter Rorke, Richard Sause and Edward Jones, they not having put in their Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, in so far as respects the said Patrick Thomas Duffy, Peter Rorke, Richard Sause and Edward Jones, unless they put in their Answer thereto in the mean time.

Solicitors of Edinburgh v. Smillie et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Matthew Smillie, and others, Respondents in a Cause depending in this House, to which The Society of Solicitors of Edinburgh, and others, are Appellants; praying their Lordships, "That their Case may be received:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

J. & S. Johnstone v. Darling:

Upon reading the Petition and Appeal of John Johnstone, Farmer at Southfield, and Samuel Johnstone some Time Farmer at Redside, near North Berwick, now residing at Southfield aforesaid, in the County of Edinburgh, in Scotland; complaining of an Interlocutor of the Lord Ordinary in Scotland of the 23d Day of February 1830; and also of Two Interlocutors of the Lords of Session there, of the First Division, of the 10th and 18th of June 1830; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Thomas Darling, Solicitor of Supreme Courts, Edinburgh, may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Darling may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 6th Day of August next; and Service of this Order upon the said Respondent, or upon any one of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Poole to enter into a Recog ce on it.

The House being moved, "That George Woolley Poole of Southampton Street, Bloomsbury, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for John Johnstone and Samuel Johnstone, on account of their Appeal depending in this House:"

It is Ordered, That the said George Woolley Poole may enter into a Recognizance for the said Appellants, as desired.

Legislative Assembly (Canada) Bill.

Ordered, That the Bill, intituled, "An Act to amend so much of an Act of the Thirty-first Year of His late Majesty, for making more effectual Provision for the Government of the Province of Quebec," be read a Second Time on Monday next.

Criminal Laws, Petitions for Revision of: (St. Mary, Newington:)

Upon reading the Petition of the Inhabitants of the Parish of St. Mary, Newington, Surrey, whose Names are thereunto subscribed; praying their Lordships "to make all necessary and useful Alterations in the Criminal Code of these Realms:"

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

China Terrace Chapel, Lambeth:

Upon reading the Petition of the Ministers and certain of the Congregation assembling for Divine Worship in China Terrace Chapel, Lambeth, in the County of Surrey, whose Names are thereunto subscribed:

York St. Chapel, Walworth:

And also, Upon reading the Petition of the Minister and certain of the Congregation assembling for Divine Worship in York Street Chapel, Walworth, in the County of Surrey, whose Names are thereunto subscribed; severally praying for the Attention of their Lordships to the Feeling which appears to be gaining ground in the Kingdom, against the Punishment of Death for Crimes against Property; and that the Criminal Code may be made more in accordance with the merciful and gracious Designs of Him who hath no Pleasure in the Death of the wicked, but that the wicked may turn from his Way and live:"

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

Stowmarket:

Upon reading the Petition of the Ministers and Deputies from the Dissenting Congregations of the Three Denominations in the County of Suffolk, assembled at Stowmarket, whose Names are thereunto subscribed; praying their Lordships, "That the Laws inflicting the Forfeiture of Life for the Crime of Forgery may be repealed, and others enacted by this House, imposing Penalties more mild in Character and more effective in Operation:"

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

East Bergholt.

Upon reading the Petition of the Protestant Dissenters residing at or near East Bergholt, in the County of Suffolk, whose Names are thereunto subscribed; praying, "That their Lordships would substitute some other Punishment than that of Death for Forgery:"

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

Beer Bill, Petition from Chester against.

Upon reading the Petition of the Mayor, Magistrates and other Inhabitants of the City of Chester, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;" and praying, "That their Lordships will not pass the same into a Law without requiring a Test as to the Character of the Party applying, and the Necessity being shewn for an Alehouse in the Neighbourhood where the House proposed to be licensed is situated:"

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

Message to H.C. for Evidence on State of the Poor, Ireland.

Ordered, That a Message be sent to the House of Commons, to request that they will be pleased to communicate to this House, "The Minutes of Evidence taken before the Select Committee appointed by that House on the State of the Poor of Ireland."

Galway Town Regulation Bill, Petition of J. Joyes against proposed Amendment.

Upon reading the Petition of James Joyes, a Merchant and resident Magistrate of Galway; taking notice of a Bill depending in this House, intituled, "An Act to repeal so much of an Act passed in Ireland in the Fourth Year of the Reign of King George the First, for the better regulating the Town of Galway, and for strengthening the Protestant Interest therein, as limits the Franchise created by the said Act to Protestants only;" and praying their Lordships "to re-consider the Amendment made by their Lordships to the same, whereby the Roman Catholics are excluded from the Right of Freedom of the said Town, and also the Protestants are absolutely deprived of a Franchise enjoyed by them in common with the Roman Catholics down to the Enactment of the Penal Code, and since then by Protestants exclusively and without Participation:"

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

Beer Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendment made by the Committee of the Whole House to the Bill, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England."

The said Amendment was read by the Clerk as follows; (viz t.)

"Pr. 9. L. 21. Leave out ("present") and insert ("late")

And the said Amendment, being read a Second Time, was agreed to by the House.

To be read 3a.

Ordered, That the said Bill be read the Third Time on Monday next; and that the Lords be summoned.

Forgeries Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for reducing into One Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery."

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

"Pr. 4. L. ult. Leave out from ("mentioned") to ("And") in Line 1 of Clause A. added to the Bill in Press 6, Line 29."

"In Clause A. added to the Bill:

"Press 1. Line 21. After ("Bill") insert ("or any Will, Testament, Codicil, or Testamentary Writing")

"Line 35. Leave out from ("shall") to the End of the Clause, and insert ("suffer Death as a Felon")

"In Clause B. added to the Bill:

"Pr. 1. L.12. After ("Law") insert ("a Will, Testament, Codicil or Testamentary Writing or")

"Line 31. Leave out from ("and") to the End of the Clause, and insert ("punished with Death accordingly")

"Pr. 7. L. 26. Leave out the Interlineation to the Bill, and insert ("suffer Death as a Felon")

"Pr. 8. L. 29. Leave out the Interlineation to the Bill, and insert ("suffer Death as a Felon")

"Pr. 26. L. 6. Leave out the Interlineation to the Bill.

"Pr. 41. L. 9. Leave out ("present") and in the same Line after ("Reign") insert ("of His late Majesty King George the Fourth")

"L. 36. Leave out ("last") and insert ("Twentieth")

"L.37. Leave out ("June") interlined and insert ("July")

"Pr. 42. L. 6. Leave out ("last") and insert ("Twentieth") and in the same Line leave out ("June") interlined and insert ("July")

"L. 11. Leave out ("last") and insert ("Twentieth")

"L. 12. Leave out ("June") interlined and insert ("July")

"L. penult. After ("the") insert ("Twenty")

And the said Amendments, being read a Second Time, were agreed to by the House.

To be read 3a.

Ordered, That the said Bill be read the Third Time on Tuesday next; and that the Lords be summoned.

Fees, Common Law Courts, Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for regulating the Receipt and future Appropriation of Fees and Emoluments receivable by Officers of the Superior Courts of Common Law."

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

"Pr. 3. L. 3. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

And the said Amendments, being read a Second Time, were agreed to by the House.

To be read 3a.

Ordered, That the said Bill be read the Third Time on Monday next.

County Rates) Ireland) Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to regulate the Applotment of County Rates and Cesses in Ireland, in certain Cases."

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

"Pr. 1. L.3. Leave out ("late")

"Pr. 4. L. 13. Leave out ("late")

And the said Amendments, being read a Second Time, were agreed to by the House.

To be read 3a.

Ordered, That the said Bill be read the Third Time on Monday next.

Lunatics Property Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for consolidating and amending the Laws relating to Property belonging to Infants, Femes-Covert, Idiots, Lunatics and Persons of unsound Mind."

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

"Pr. 2. L.21. Leave out ("present") and insert ("late")

"L. 22. After ("Majesty") insert ("King George the Fourth")

"L. 36. Leave out ("present") and insert ("said late")

"Pr. 3. L. 34. Leave out ("present") and insert ("late")

"L.34 & 35. After ("Majesty") and insert ("King George the Fourth")

"Pr. 20. L. 29. After ("contained") insert ("Provided that no Lease be made of the Capital Mansion House, and the Park and Grounds respectively held therewith, for any Period exceeding the Minority of any such Infant")

"Pr. 37. L. 4. After ("Lunatic") insert ("or of the Person reported by the Master to whom the Matter is referred as a proper Person to be such Committee, although such Report shall not have been confirmed")

And the said Amendments, being read a Second Time, were agreed to by the House.

To be read 3a.

Ordered, That the said Bill be read the Third Time on Monday next.

Property in Infants Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for amending the Laws respecting Conveyances and Transfers of Estates and Funds vested in Trustees and Mortgagees; and for enabling Courts of Equity to give Effect to their Decrees and Orders, in certain Cases."

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

"Pr. 1. L. 3. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

"Pr. 2. L.8. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

"Pr. 16. L. 38 & 39. After ("Conveyance") insert ("or Transfer")

"L. penult. After ("Conveyance") insert ("or Transfer")

"Pr. 17. L. 4 & 5. After ("Conveyance") insert ("or Transfer")

"L. 37. Leave out from ("who") to ("Payment") in Press 18, Line 1, and insert ("by Force of any Law for")

"Pr. 18. L. 3. After ("would") insert ("or hereafter may")

And the said Amendments, being read a Second Time, were agreed to by the House.

To be read 3a.

Ordered, That the said Bill be read the Third Time on Monday next.

Army Pensions Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to make further Regulations with respect to Army Pensions."

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

It was resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Cross and Mr. Trower;

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

Fees Abolition on Demise of the Crown Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to abolish certain Fees and Stamp Duties chargeable on the Renewal of all Appointments, Commissions, Grants, Pensions and Patents consequent on the Demise of the Crown."

After some Time, the House was resumed:

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

Surrey Coal Meters Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to continue, until the Fifth Day of July One thousand eight hundred and thirty-one, an Act passed in the Ninth Year of His late Majesty's Reign, to enable His Majesty's Justices of the Peace for the County of Surrey to nominate and appoint Two or more Persons to act as Principal Land Coal Meters within and for the several Places therein mentioned;"

Ordered, That the said Bill be read the Third Time on Tuesday next.

Treasurer of the Navy Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to consolidate and amend the several Acts relating to the Office of Treasurer of His Majesty's Navy."

After some Time, the House was resumed:

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

Spirits Duties Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to impose additional Duties of Excise on Spirits."

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 on Monday next.

Sugar Duties Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty, until the Fifth Day of April One thousand eight hundred and thirty-one, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty."

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 on Monday next.

West India Spirits Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to impose an additional Duty of Customs on Spirits the Produce of the British Possessions in America."

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 on Monday next.

Custom Duties (Crown Goods) Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to subject to Duties of Customs Goods the Property of the Crown, in case of Sale after Importation."

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 on Monday next.

Diocesan Schools (Ireland) Bill.

Ordered, That the Bill, intituled, "An Act to amend an Act of the Fifty-third Year of King George the Third, for the Appointment of Commissioners for the Regulation of the several Endowed Schools of public and private Foundation in Ireland," be read a Second Time on Monday next.

Wallbeoff's Petition for a Divorce Bill, Report from Com ee:

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Petition of John Wallbeoff Esquire, (of His Majesty's Ceylon Civil Service,) of Colombo, now residing within the said Island of Ceylon; praying their Lordships, "That Leave may be given to bring in a Bill to dissolve his Marriage with Adriana Cornelia his Wife, and to enable him to marry again; and that their Lordships will be pleased to direct the Speaker of this House to issue his Warrant or Warrants, to be directed to the Judges of the Supreme Court of Judicature of the Island of Ceylon, and to the Recorder of the Presidency of Bombay, for the Examination of the Petitioner, and the Witnesses resident in India, touching the Allegations necessary to support the said Bill, in manner directed by an Act of Parliament passed in the First Year of the Reign of His late Majesty George the Fourth, intituled, "An Act to enable the Examination of Witnesses to be taken in India in support of Bills of Divorce on account of Adultery committed in India;" and that the Petitioner may have such other Relief in the Premises as from the particular Circumstances of the Case this House shall think proper;" and to report to the House; That the Committee had met, and considered the said Petition, and also the Standing Orders of this House relative to Divorce Bills, and find that the Standing Order No. 141, requiring that an Official Copy of the Proceedings, and of a Definitive Sentence of Divorce a Mensâ et Thoro, in the Ecclesiastical Court, should be delivered in, upon Oath, at the Bar of this House, at the Time of presenting a Petition for a Divorce Bill, has not been complied with in this Case, but that there have been delivered in to this Committee authenticated Copies of the Proceedings, and of the Definitive Sentence of Divorce a Mensâ et Thoro, on the Ecclesiastical Side of the Supreme Court of Judicature at Ceylon, under the Seal of the said Court, in a Cause, intituled, "Wallbeoff against Wallbeoff," and like Copies of the Record and Proceedings on the Plea Side of the said Court, in an Action brought by the said John Wallbeoff against John Mitchell, for Criminal Conversation with the said Adriana Cornelia his Wife, (which Copies are annexed to this Report;) and that the Committee are of Opinion, That Leave should be given, if their Lordships shall think fit, to bring in a Bill according to the Prayer of the said Petition, and that the said Bill should be read the First Time; and also that the following Orders should be made upon the First Reading of the said Bill, if their Lordships shall so think fit, instead of the usual Orders made on Divorce Bills; viz t That of the Witnesses necessary to substantiate the Allegations of a Bill depending in this House, intituled, "An Act to dissolve the Marriage of John Wallbeoff Esquire with Adriana Cornelia his now Wife, and to enable him to marry again, and for other the Purposes therein mentioned," shall be taken in India, by virtue and in pursuance of an Act passed in the First Year of the Reign of His late Majesty, intituled, "An Act to enable the Examination of Witnesses to be taken in India in support of Bills of Divorce on account of Adultery committed in India;" and that The Lord Chancellor do issue his Warrant to the Judges of the Supreme Courts of Judicature of Ceylon and of the Presidency of Bombay accordingly: That Adriana Cornelia, the Wife of the said John Wallbeoff, shall have a Copy of the Bill, and that Notice be given her of the Time to be appointed by the Judges of the said Supreme Courts of Judicature at Ceylon and Bombay, in pursuance of the said Act, for the Examination of Witnesses touching the Allegations of the Bill, and that she be at liberty to be heard, and to have Witnesses examined, and Evidence produced of such Matters and Things as she may have to offer against the said Bill at the same Time: That if the said Adriana Cornelia shall have ceased to reside within the said Island of Ceylon or within the said Presidency of Bombay before such Notice and Copy of the Bill, as are Ordered as aforesaid to be given, can be served upon her, or if it shall appear, to the Satisfaction of the said Judges, that diligent Enquiry has been made after the said Adriana Cornelia, and that she cannot be found, or there is, in their Judgment, Reason to apprehend that she secretes herself to evade the personal Service of the same, then the Delivery of this present Order, and such Notice as aforesaid, and of a Copy of the said Bill, to the Proctor or Agent of the said Adriana Cornelia, and at the last or usual Place of Abode of the said Adriana Cornelia within the said Island or Presidency, shall be deemed as effectual Notice to the said Adriana Cornelia of the said Bill, and of the Time of the Examination aforesaid, as if she had been personally served with the said Notice and Bill; and that the Judges of the said Supreme Courts respectively, at the Time to be appointed by them for the Examination of Witnesses, pursuant to the said Act, shall examine, upon Oath, such Witnesses as shall be produced before them, or as they shall think proper and necessary to be produced, touching the Residence of the said Adriana Cornelia, and the Endeavours which shall have been made to serve her with such Notice and Bill as aforesaid: That at the Time which shall be appointed by the Judges of the said Supreme Court of Judicature in Ceylon for the Examination of Witnesses as aforesaid, the said John Wallbeoff shall attend the said Court, in order to his being examined in the said Court, if the Judges thereof shall think fit; and they shall accordingly, if they shall think proper, examine him, upon Oath, whether there has or has not been any Collusion, directly or indirectly, on his Part, relative to any Act of Adultery that may have been committed by the said Adriana Cornelia his Wife, or whether there be any Collusion, directly or indirectly, between him and his said Wife, or any other Person or Persons, touching the said Bill of Divorce, or touching the Proceedings or Sentence of Divorce had on the Ecclesiastical Side of the said Supreme Court of Ceylon at his Suit, or touching the Action at Law on the Plea Side of the same Court, brought by the said John Wallbeoff against John Mitchell for Criminal Conversation with the said Adriana Cornelia, and also whether, at the Time of such Adultery, the said Adriana Cornelia was, by Deed, or otherwise with the Consent of the said John Wallbeoff, living separate and apart from him, and released by him, as far as in him lies, from her conjugal Duty, or whether she was, at the Time of such Adultery, cohabiting with him, and under the Protection and Authority of him as her Husband: That the Judges of the said Supreme Courts shall, at the Time to be appointed by them in pursuance of the said Act, in addition to the Examinations directed to be taken by the said Act, examine, upon Oath, all such Witnesses as shall be produced before them, and such other Witnesses as shall appear to them fit and necessary to be produced, whether the general Conduct and Behaviour of the said John Wallbeoff towards the said Adriana Cornelia has or has not been affectionate and proper; and also to examine, upon Oath, all such Witnesses as shall be produced before them, and such other Witnesses as shall appear to them proper and necessary to be produced, in support of, or in answer to, or otherwise touching or concerning any Acts of Adultery which may be charged to have been committed by the said John Wallbeoff, or other Recrimination, if any, which may be made by or on the Behalf of the said Adriana Cornelia, and in support of, or in answer to, or otherwise touching or concerning any other Matters and Things whatsoever which may be alleged by or on the Behalf of the said Adriana Cornelia against the passing of the said Bill."

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

Bill presented:

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act to dissolve the Marriage of John Wallbeoff Esquire with Adriana Cornelia his now Wife, and to enable him to marry again; and for other the Purposes therein mentioned."

The said Bill was read the First Time.

Examination of Witnesses thereon, to be taken in India.

Ordered, That the Examinations of the Witnesses necessary to substantiate the Allegations of a Bill depending in this House, intituled, "An Act to dissolve the Marriage of John Wallbeoff Esquire with Adriana Cornelia his now Wife, and to enable him to marry again; and for other the Purposes therein mentioned," shall be taken in India, by virtue and in pursuance of an Act passed in the First Year of the Reign of His late Majesty, intituled, "An Act to enable the Examination of Witnesses to be taken in India in support of Bills of Divorce on account of Adultery committed in India;" and that The Lord Chancellor do issue his Warrant to the Judges of the Supreme Courts of Judicature of Ceylon and of the Presidency of Bombay accordingly.

Ordered, That Adriana Cornelia, the Wife of the said John Wallbeoff, shall have a Copy of the Bill, and that Notice be given her of the Time to be appointed by the Judges of the said Supreme Courts of Judicature at Ceylon and Bombay, in pursuance of the said Act, for the Examination of Witnesses touching the Allegations of the Bill, and that she be at liberty to be heard, and to have Witnesses examined, and Evidence produced of such Matters and Things as she may have to offer against the said Bill, at the same Time.

Ordered, That if the said Adriana Cornelia shall have ceased to reside within the said Island of Ceylon or within the said Presidency of Bombay before such Notice and Copy of the Bill, as are Ordered as aforesaid to be given, can be served upon her, or if it shall appear, to the Satisfaction of the said Judges, that diligent Enquiry has been made after the said Adriana Cornelia, and that she cannot be found, or there is, in their Judgment, Reason to apprehend that she secretes herself to evade the personal Service of the same, then the Delivery of this present Order, and such Notice as aforesaid, and of a Copy of the said Bill, to the Proctor or Agent of the said Adriana Cornelia, and at the last or usual Place of Abode of the said Adriana Cornelia within the said Island or Presidency, shall be deemed as effectual Notice to the said Adriana Cornelia of the said Bill, and of the Time of the Examination aforesaid, as if she had been personally served with the said Notice and Bill; and that the Judges of the said Supreme Courts respectively, at the Time to be appointed by them for the Examination of Witnesses pursuant to the said Act, shall examine, upon Oath, such Witnesses as shall be produced before them, or as they shall think proper and necessary to be produced, touching the Residence of the said Adriana Cornelia, and the Endeavours which shall have been made to serve her with such Notice and Bill as aforesaid.

Ordered, That at the Time which shall be appointed by the Judges of the said Supreme Court of Judicature in Ceylon for the Examination of Witnesses as aforesaid, the said John Wallbeoff shall attend the said Court, in order to his being examined in the said Court, if the Judges thereof shall think fit; and they shall accordingly, if they shall think proper, examine him, upon Oath, whether there has or has not been any Collusion, directly or indirectly, on his Part, relative to any Act of Adultery that may have been committed by the said Adriana Cornelia his Wife, or whether there be any Collusion, directly or indirectly, between him and his said Wife, or any other Person or Persons, touching the said Bill of Divorce, or touching the Proceedings or Sentence of Divorce had on the Ecclesiastical Side of the said Supreme Court of Ceylon at his Suit, or touching the Action at Law on the Plea Side of the same Court, brought by the said John Wallbeoff against John Mitchell for Criminal Conversation with the said Adriana Cornelia; and also whether, at the Time of such Adultery, the said Adriana Cornelia was, by Deed, or otherwise with the Consent of the said John Wallbeoff, living separate and apart from him, and released by him, as far as in him lies, from her conjugal Duty, or whether she was, at the Time of such Adultery, cohabiting with him, and under the Protection and Authority of him as her Husband.

Ordered, That the Judges of the said Supreme Courts shall, at the Time to be appointed by them in pursuance of the said Act, in addition to the Examinations directed to be taken by the said Act, examine, upon Oath, all such Witnesses as shall be produced before them, and such other Witnesses as shall appear to them fit and necessary to be produced, whether the general Conduct and Behaviour of the said John Wallbeoff towards the said Adriana Cornelia has or has not been affectionate and proper; and also to examine, upon Oath, all such Witnesses as shall be produced before them, and such other Witnesses as shall appear to them proper and necessary to be produced, in support of, or in answer to, or otherwise touching or concerning any Acts of Adultery which may be charged to have been committed by the said John Wallbeoff, or other Recrimination, if any, which may be made by or on the Behalf of the said Adriana Cornelia, and in support of, or in answer to, or otherwise touching or concerning any other Matters and Things whatsoever which may be alleged by or on the Behalf of the said Adriana Cornelia against the passing of the said Bill.

Arms (Ireland) Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to regulate for One Year the Importation of Arms, Gunpowder and Ammunition into Ireland, and the making, removing, selling and keeping of Arms, Gunpowder and Ammunition in Ireland;"

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

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was 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 on Monday next.

Russell et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of William Russell Esquire, and others; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read 1a:

Hodie 1a vice lecta est Billa, intituled, "An Act to effect an Exchange of Part of the Estates in the County of Durham devised by the Will and Codicil of William Russell Esquire, deceased, for Part of the Estates comprised in the Settlement made in pursuance of the Articles upon the Marriage of The Most Honorable Charles William Vane Marquess of Londonderry with The Most Honorable Frances Anne Vane Marchioness of Londonderry."

To be read 2a:

Ordered, That the said Bill be read a Second Time on Monday next.

Motion for shortening the Com ee on it.

The House was moved, "That the Standing Order No. 94, directing that no Committee shall sit upon any Private Bill until Ten Days after the Second Reading thereof, may be so far dispensed with as relates to the last-mentioned Bill."

Ordered, That the said Motion be taken into Consideration on Monday next; and that the Lords be summoned.

Antigua, Petition of Free Inhabitants, for Removal of Political Disabilities.

Upon reading the Petition of the Persons whose Names are thereunto subscribed, for themselves and on behalf of the other Free Inhabitants of Antigua, not being Whites; praying, "That their Lordships will be pleased to take the Subject of their Political Disabilities into their earnest Consideration, and that they will grant such Relief to the Petitioners as will enable them to participate in all the Rights and Immunities which are enjoyed by others of His Majesty's Subjects:"

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

Message to H.C. for Report, &c. on Affairs of The East India Co.

Ordered, That a Message be sent to the House of Commons, to request that they will be pleased to communicate to this House, "The Report, together with the Minutes of Evidence taken before the Select Committee appointed by that House on the Affairs of The East India Company."

Communications with Canada, Address for.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "Copies or Extracts of any Communications between the Colonial Office and the Governors of Upper and Lower Canada, in pursuance of the Recommendations of the Canada Committee."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

State of Ireland, Petition from Kent for Consideration of.

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

A Petition of the Owners and Occupiers of Land in the County of Kent, whose Names are thereunto subscribed, was presented and read; praying their Lordships to take the unhappy Situation of Ireland, which is menaced with the Calamity of Famine, into their immediate Consideration, and to grant such Relief as the Exigency of the Case may require."

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

Holyhead, &c. Roads Bill.

Ordered, That the Bill, intituled, "An Act to alter and amend several Acts for the Improvement of the Roads from London to Holyhead, and from London to Liverpool; and for the further Improvement of the said Roads," be read a Second Time on Monday next.

Consolidaed Fund Bill brought from H.C. & read 1a:

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

With a Bill, intituled, "An Act to apply the Sum of One million five hundred thousand Pounds out of the Consolidated Fund to the Service of the Year One thousand eight hundred and thirty; and to appropriate the Supplies granted in this Session of Parliament;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Motion to print the Bill, Negatived.

It was moved, "That the said Bill be printed."

The Question was put thereupon?

It was resolved in the Negative.

Exchequer Bills (£13,607,600) Bill.

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

With a Bill, intituled, "An Act for raising the Sum of Thirteen millions six hundred and seven thousand six hundred Pounds by Exchequer Bills, for the Service of the Year One thousand eight hundred and thirty;" to which they desire the Concurrence of this House.

Warehoused Sugar Bill.

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

With a Bill, intituled, "An Act to allow, before the Fifth Day of July One thousand eight hundred and thirty-one, Sugar to be delivered out of Warehouse to be refined;" to which they desire the Concurrence of this House.

Beer & Cyder Duties Bill.

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

With a Bill, intituled, "An Act to repeal certain of the Duties on Cyder in the United Kingdom, and on Beer and Ale in Great Britain, and to make other Provisions in relation thereto;" to which they desire the Concurrence of this House.

Fisheries Bill.

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

With a Bill, intituled, "An Act to revive, continue and amend several Acts relating to the Fisheries;" to which they desire the Concurrence of this House.

Militia Pay Bill.

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

With a Bill, intituled, "An Act to defray the Charge of the Pay, Clothing and contingent and other Expences of the Disembodied Militia in Great Britain and Ireland; and to grant Allowances, in certain Cases, to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates and Serjeant Majors of the Militia, until the Twentyfifth Day of June One thousand eight hundred and thirty-one;" to which they desire the Concurrence of this House.

The said Five Bills were, severally, read the First Time.

Rother Levels Drainage Bill.

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

To return the Bill, intituled, "An Act to amend an Act of the Seventh Year of His present Majesty, for more effectually draining and preserving certain Marsh Lands or Low Grounds in the Parishes of Sandhurst, Newenden, Rolvenden, Tenterden, Wittersham, Ebony, Woodchurch, Appledore and Stone, in the County of Kent, and Ticehurst, Salehurst, Bodiam, Ewhurst, Northiam, Beckly, Peasmarsh, Iden and Playden, in the County of Sussex;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Meltham Inclosure Bill.

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

To return the Bill, intituled, "An Act to amend an Act of King George the Third, intituled, "An Act for inclosing Lands in the Manor of Meltham, in the Parish of Almondbury, in the West Riding of the County of York;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto.

Court of Session Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for uniting the Benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments of Scotland;" and for the Lords to be summoned;

Ordered, That the said Bill be read a Second Time on Monday next; and that the Lords be summoned.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Monday next, at Ten o'Clock in the Forenoon.

East Retford Election Bill:

The Order of the Day being read for the further Consideration and Second Reading of the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford;" and for the Lords to be summoned; and for permitting Counsel to examine Witnesses in support of the Bill; and for hearing Counsel on the Petition of the Burgesses of the Borough of East Retford, in the County of Nottingham, whose Names are thereunto subscribed, praying their Lordships, "That the said Bill may not pass into a Law;"

Counsel were accordingly called in.

Mr. Adam stated, "That Endeavours had been made, since the Counsel were last at the Bar, to summon Mr. Ogilvy, but that the Messenger had not been able to find him; but that the Answer given was that he was expected in a Day or two in London."

The Counsel were directed to proceed in the mean time with the Examination of the Witnesses who were in attendance.

Then William Dennett was again called in.

It was moved, "That the Evidence of the said William Dennett, taken on Tuesday last, be now read:"

The same was accordingly read by the Clerk.

Then the Witness was further examined as follows:

(Mr. Alderson.) "You say Mr. Ogilvy owed Seventy Pounds?"

"I cannot say to the Amount exactly, but about Seventy Pounds."

"In what Way was it paid?"

"He gave me a Check on his Banker in London."

"You say he seemed to be much put about in consequence of his Solicitor not coming to the Town?"

"He did."

"In what Way did he pay you; by his Check upon the Banker?"

"He gave me a Check on the Banker, which Check I sent by the Guard of the Coach."

"Did he make any Deposit?"

"No, he did not."

"Not a Deposit of any sort?"

"No."

"You sent the Check by the Guard of the Coach?"

"Yes; and he brought the Money down. He brought the Check to London, and brought the Money back."

"Did he not leave any thing in your Possession?"

"Nothing at all."

"No Goods of any sort?"

"No."

"In what Way did he go away?"

"He went by the Coach."

"At what Time of the Day?"

"I should think about Half past Two or Three o'Clock."

"In the Middle of the Day?"

"Yes."

"Did you afterwards pay the Bill?"

"I did."

"He did not go away in the Night?"

"No; it was about Half past Two, or from that to Three."

"Was there any body waiting for him at the Time he set off?"

"Nobody at all. I beg your Pardon, there were several waiting for their Bills to be paid."

"Did he see them?"

"No, he did not."

"How came he not to see the People to whom he owed the Bills?"

"He wanted to evade seeing them."

"What did he say, which induces you to say that he wanted to avoid seeing them?"

"He had no Money to pay them."

"Did he say so?"

"Yes, he did."

"What did he say about going away without seeing them?"

"He asked me if I would pay his Bills, and get him away; and I promised him I would, if he would give me a Check upon his Banker, which he did; and when the Money came back in return by the Coach, I paid the Bills."

"In what Way did he evade seeing the People?"

"I told him I would contrive to get him away, so that they would not see him."

"In what Way was it done?"

"I told him that there would be a Coach very soon, and I told him to be ready, and when the Coach came up I would enquire whether there was Room Inside; and I enquired, and there was Room. I ran up Stairs, and told Mr. Ogilvy that the Coach was just come up, and there was Room; and if he followed me down the Stairs, I would take him down, and put him into the Coach, unperceived by those waiting for Payment."

"They were waiting in your House while he was up in this Room?"

"Yes."

"In what Room was he?"

"The top Dining-room; it is only up One Flight of Stairs."

"Was he by himself there?"

"Yes."

"Waiting 'till the Coach arrived?"

"Yes."

"Do you know whether the Door was locked?"

"No; the Door was not locked."

"When the Coach arrived, you went up Stairs and told him he might get away secretly?"

"I did."

"And he came down immediately after that?"

"Yes."

"How long was the Coach standing at your Door?"

"Only Two or Three Minutes."

"That was a Coach going by?"

"Yes; going up to London."

"Did it stop to change Horses there?"

"No; it only stopped."

"That was the Way in which he escaped?"

"Yes."

"That is all you know about it?"

"Yes."

"Did the Guard bring you back the Money?"

"Yes, he did."

"Did you send up the Check by the same Coach that he went by?"

"No; by a Coach that followed Half an Hour afterwards."

"Would that be in Town as soon as the other?"

"Nearly; about the same Time."

"At what Time would it arrive in London; in the Day or the Night?"

"I should think from Eleven 'till Twelve o'Clock at Noon."

The Witness was directed to withdraw.

Then John Richardson was called in; and having been sworn, was examined as follows:

(Mr. Adam.) "What are you?"

"A Cordwainer."

"Living at Retford?"

"Yes."

"Did you live there in the Year 1826?"

"Yes."

"Are you a Freeman?"

"Yes."

"Do you know Mr. Hornby?"

"Yes."

"How long have you known Mr. Hornby?"

"Only a few Years; about a Year before the Election of 1826."

"Had you known him well, or only to know his Person?"

"I know his Person perfectly well."

"Did you know a Person of the Name of William Jackson, a Blacksmith?"

"I did."

"Was Jackson the Blacksmith a Freeman?"

"Yes."

"Do you know where he is now?"

"I believe he is Abroad; I have heard so."

"Why do you believe he is Abroad?"

"I have been told so."

"When did you come from Retford?"

"About a Fortnight ago."

"Did you leave Jackson there?"

"No; I have not seen him for some Time."

"What do you call some Time?"

"I should think nearly Twelve Months."

"You have not seen him for Twelve Months?"

"No."

"Have you heard in the Town that he is gone Abroad?"

"Yes."

"Did you know Jackson at the Time of the Election in 1826?"

"Yes."

"Did you vote at the Election of 1826?"

"Yes."

"On which Day?"

"The first Day."

"Do you know whether Jackson voted on that Day?"

"He voted nearly at the same Time as I did."

"Did you go up to vote with Jackson?"

"Yes."

"Were you with Jackson in the early Part of the Day?"

"I was with him from Seven o'Clock in the Morning 'till nearly Four."

"Before the polling began you were together?"

"Yes."

"Whereabouts were you; in the Market Place, or where?"

"We left his Brother's, and went to the Poll."

"You did not go to the Poll at Seven in the Morning?"

"No; we remained at his Brother's 'till Nine."

"Where did you go then?"

"We went to the Moot Hall."

"At what Time did you get there?"

"A little after Nine."

"How long did you remain there?"

"'Till nearly Four."

"'Till the Close of the Poll?"

"'Till near the Close."

"Do you remember seeing Mr. Hornby at any Time that Day?"

"Yes, I did."

"When you saw Mr. Hornby, were you in company with Jackson?"

"Yes."

"How near were you to Jackson at that Time?"

"We stood together."

"Did you hear Mr. Hornby and Jackson have any Conversation?"

"No; Mr. Hornby and I had a little Conversation."

"Recollect, and tell me, whether you are sure whether Hornby and Jackson had any Conversation."

"I did not hear them speak to one another."

"How long was Hornby present at the Time he was speaking to you?"

"Nearly a Quarter of an Hour."

"Did Hornby come up to where you and Jackson were standing?"

"Yes."

"After that Conversation, did he go away?"

"Yes."

"Did you see Hornby more that once on that Occasion?"

"No."

"That was for about a Quarter of an Hour?"

"Yes."

"Is it possible that Hornby and Jackson should have had a Conversation in that Quarter of an Hour without your hearing them?"

"No."

"Hornby had Conversation with you, but he never had any with Jackson?"

"Yes, just so."

"Did you not state that Hornby had Conversation with you?"

"Yes."

"Did you not tell me that Hornby had no Conversation with Jackson on that Occasion?"

"Yes."

"Do you say so again?"

"Yes."

"He could not have had it without your hearing it?"

"No."

"Is it true that Jackson, on the Morning of the Election, promised to give his Vote to Hornby for Sir Henry Wilson, but that he would not vote unless he was sure of being paid?"

"He never said any thing of the kind in my Presence."

"Could he have said any thing of that kind, during that Time that Hornby was in your Presence and in Jackson's Presence, without your hearing it?"

"No."

"You say you were with Jackson from Seven to Four?"

"Yes."

"And that Hornby was in his Presence and in your Presence only for a Quarter of an Hour that Day?"

"That is perfectly true."

"During that Quarter of an Hour no such Conversation took place?"

"No."

"Do you remember having any Conversation with Hornby about beating Hornby's Side?"

"I told him we should beat him; that we should soon have polled a Majority."

"What did Hornby say to that?"

"He said, if we did poll a Majority our Members should not sit."

"Had you any further Conversation with him as to the Election?"

"No; that was all that passed."

The Counsel and Witness were directed to withdraw.

The Counsel and Witness were again called in.

"On the Morning of the Election, did Jackson say to Hornby that he had promised to give a Vote for Sir Henry Wilson, but he would not vote unless he was sure to be paid?"

"There was no such Question put."

"And no such Observation made?"

"Nothing of the kind."

"Did Hornby then make any Answer to the Observation about being paid; did he say he would not make him any Promise whatever?"

"He never asked him for a Vote."

Cross-examined by Mr. Law.

"You have a Father who is a Burgess of East Retford?"

"Yes."

"What is his Christian Name?"

"John Richardson."

"Do you know from him whether he has been many Years a Burgess?"

"He has been a Burgess for many Years."

"Do you not know from him that the Burgesses have been in the custom of receiving Twenty Guineas, having promised their Votes, after the Election has taken place?"

"I never heard him say any thing of the kind."

"Do you mean to represent to their Lordships, that you never heard your Father say that the Burgesses had been in the habit of receiving Twenty Guineas after the Elections?"

"I mean to state, positively, that he never stated any thing of the kind to me."

"Did not your Father say to you, that he had received Twenty Guineas after several Elections?"

"He never told me that he had received any in his Life."

"Did he ever mention to you the Receipt of Packets?"

"No."

"Did you live with him in Retford?"

"I lived in Retford, but not with him."

"Did you mention to your Father the Packets which you have already sworn you received yourself?"

"No."

"When you were examined before, perhaps you forget having told their Lordships that you had received Packets yourself?"

"Yes, I did state that."

"Has not your Father told you that he has received Packets after the Elections?"

"He never told me any thing of the kind."

"Did you not know of it?"

"No."

"Have you not heard from your Father that he received Forty Guineas after Mr. Osbaldeston's Election?"

"No."

"That you swear?"

"Yes."

The Witness was directed to withdraw.

Then Benjamin Scott was called in; and having been sworn, was examined as follows:

(Mr. Alderson.) "What are you?"

"A Blacksmith and Farrier."

"At East Retford?"

"Yes."

"Are you a Voter?"

"Yes."

"You have been examined already?"

"Yes; a few Weeks back."

"In this House?"

"Yes."

"Do you know Mr. Hornby?"

"Yes."

"Do you remember ever seeing him at Retford?"

"Oh yes."

"Did you ever apply to him, before the last Election, for any Loan of Money?"

"No; I applied to him there, after Money that was due to me for a Club I was a Steward to."

"How came Mr. Hornby to have that Money?"

"He had got it from a Man that had robbed the Box of it."

"He received it?"

"Yes, he received it."

"What occurred upon that?"

"He told me to come over to his Office, and he would pay the Money; and I went several Times."

"What was the Man's Name who had robbed the Box?"

"William Parker."

"What had he to do with Hornby?"

"He had nothing to do with Hornby. I was Steward of the Club, and I engaged Hornby as the Solicitor; he offered to get it for the Club for nothing, but he charged I think £1 7s. 8d."

"Have you ever got the Money?"

"I received the Remainder, after that Charge was deducted."

"How much was the whole Money?"

" £5 was the Money he paid"

"You would receive somewhat about £3?"

" £3 11s. 8d., I think."

"How many Times had you to call for that Money?"

"I am sure I cannot tell you; a many Times."

"Was that the only Occasion on which you called upon Mr. Hornby before the last Election?"

"Only for shoeing some Horses I shoed for him. I never called upon him for any other; for I knew very well he was not able to advance any thing."

"Did you ever ask him to lend you any Money?"

"Never to my Knowledge. I could have as soon lent him Money as he me."

"Could you have done it without knowing it?"

"No, I am sure I could not."

"Did you ever say to him that you wanted some Money, and you would be very much obliged to him if he would let you have a little; £10, or so?"

"I never could mention such a Word to him."

"And that you would vote for Sir Henry, if he, Mr. Hornby, would guarantee that you should have that Money?"

"Never."

"Is that true or false?"

"It is true I never asked him any such a thing."

"Is that which he states true or false?"

"It is false."

"Did you ever agree to repay him the Sum of £10 out of the Voting Money you were to get from Sir Henry?"

"I never asked him for it."

"Is that true or false?"

"If I understand the Question right, it is not true."

"Is it true or false that you said you would repay him the Sum of £10 out of the Voting Money you were to get from Sir Henry?"

"I never said such a thing; it is false."

"Is all that I have read to you, if Mr. Hornby has said it, false, upon your Oath?"

"Upon my Oath, I never could ever ask Mr. Hornby a Question of the kind. I never had no Correspondence with him further than asking him for the Money that was due to me. He made a Proposal to me; he offered a Proposal to me, saying, if I would give him Leave to put my Name on Sir Henry Wright Wilson's

"List, he would give a Note, on a Stamp, of his own, for Twenty Pounds. I said, "I do not come upon that Business; but I am come on the Business of the Club; and if you mention that to me any more we shall fall out."

(By a Lord.) "How came Hornby to fix Twenty Pounds?"

"That I am not able to say; but it was, perhaps, thinking it would be for a Vote, I should suppose; but I do not know what he meant by it."

(Mr. Alderson.) "Did you receive, directly or indirectly, any Promise or any Money in respect of voting at the last Election?"

"No, I had no Promise; I never asked any such a Question of any Candidate or any Person, whoever canvassed me."

Cross-examined by Mr. Law.

"Did you happen to be at Mr. Foljambe's Bank in the Month of May 1826?"

"I cannot say. I have been many Times at Mr. Foljambe's Bank."

"In the Month of May 1826; that was before the Election, you know?"

"Perhaps I might."

"Perhaps you might?"

"Yes."

"Did you happen to receive there £10 in the Month of May 1826?"

"No; to my Knowledge I never received any such a Sum."

"I do not ask you in that Way you qualified, by saying with your Knowledge. Recollect, whether you did not receive £10 from the Hands of Mr. Foljambe in Two £5 Notes in the Month of May 1826?"

"Never in my Life."

"Did not Mr. Foljambe give you £10 on Condition expressly of your giving your Vote for Dundas and Wrightson; and the £10 composed of Two £5 Notes?"

"No, he never did."

"Take care, for I have a Person who was present?"

"I am certain he never did."

"Did you on any Account receive Two £5 Notes which had been previously handed over in your Presence to Mr. Foljambe; and did Mr. Foljambe return you the same £5 Notes?"

"No; I never had any Correspondence with Mr. Foljambe on any Account."

"Then, dropping Mr. Foljambe, did you, from any other Person in Mr. Foljambe's Bank, receive £10 in Two £5 Notes?"

"No, I do not know that ever I did in my Life; I have received a deal of Money there on my Master's Account; but never, upon my own Account, when I was at Markham Moor, did I receive any thing in any other Way."

"I am speaking, not as to the Time to which you are now referring, but the Month of May 1826; the Transaction I am referring to is one at Mr. Foljambe's Bank in the Month of May 1826, the Year of the Election; and take care what you say, for I give you notice I have a Person who was present."

"My Lords, I never received £10 at Mr. Foljambe's Bank at any One Time of my Life."

"Did you receive any Sum of Money at Mr. Foljambe's Bank in the Month of May 1826?"

"I can hardly call to mind just now; I did receive a Trifle there, as being one of the Ringers, to be distributed amongst the Ringers, I believe; but not in no other Way."

"When was it you received some Money there, as one of the Ringers?"

"I cannot speak to the Time."

"In what Year?"

"I cannot say."

"Was it before the last Election?"

"Yes, I think it was; I think it was on the Canvass."

"How long before the Election?"

"Oh, perhaps it might be a Year, or Two Years; I cannot speak to that."

"On whose Canvass?"

"Well, I do not know now."

"You do not even know the Canvass?"

"No."

"Do you know the Sum?"

"I do not know what the Sum was; whether it was Three Pounds or Three Guineas, or what it was."

"Was it in the Bank?"

"I do not know whether I received it in the Bank or not."

"From whom did you receive it?"

"I think it was one of the Clerks paid it; there was Four or Five of us went together to receive it."

"Who were the others who went with you?"

"The Ringers."

"What were their Names?"

"I think Charles Hodson was one."

"Was he a Burgess?"

"No."

"Who else?"

"I think Richard Okester."

"Was he a Burgess?"

"No."

"Who else was there?"

"I cannot exactly say; it is so long since, I cannot call it to my Mind."

"Were they all present in the Bank at the Time you received their Three Guineas?"

"They went there at the same Time along with me; we were all together. I do not know whether I drew the Money out or not, but we went together, and took the Money that was given for the ringing."

"Was it Three Guineas apiece, or that to be divided among you?"

"We divided it, Four or Five Shillings apiece, when we had spent what we had for drinking."

"Are you quite sure it was not £10 in Two £5 Notes?"

"It was not."

"You will swear that?"

"I will."

"Do you know a Person of the Name of Alice Tomlinson?"

"Yes."

"Have you not a Son of hers apprenticed to you?"

"I have, I expect, now."

"I ask you, whether, at the Time the Bargain was made for his Apprenticeship, you did not state to her that you would insure her Son Forty Guineas after every Election?"

"No; I could not insure him any such thing."

"Did you say so; that is my Question?"

"I never could say such a thing."

"Did you not tell her, upon your Oath, that you could insure her Forty Guineas for her Son after every Election?"

"No; I could never tell her such a thing. I might say that there had been such a thing done at former Elections."

"We will drop the Insurance?"

"I told her there had been Presents sent, but I did not know from whom."

"Did you tell her they were Presents of Forty Guineas?"

"I have told her there have been Presents sent."

"Did you tell her there were Presents of Forty Guineas?"

"I do not know; perhaps I might; but I never said that I could insure her that, or any thing of the kind."

"Did you tell her there were Forty Guineas after the Elections?"

"I am sure I do not know whether I told her that there were Forty Guineas."

"Did you not tell Alice Tomlinson that the Burgesses were in the habit of receiving Forty Guineas after the Elections?"

"Perhaps I might say that there were Presents made sometimes after the Elections; but I had not been in the habit of receiving them."

"Did you tell Alice Tomlinson so; that you were in the habit of receiving it, or not?"

"I cannot undertake to say, indeed."

"You cannot undertake to say, whether you did not tell Alice Tomlinson that the Burgesses were in the habit of receiving Forty Guineas after the Elections?"

"I do not recollect that I told her any such thing."

"At the Time that she apprenticed her Son to you?"

"At the Time she apprenticed her Son to me? I cannot say whether I did tell her any thing of that kind or not at the Time; but I think that is quite wrong. She applied to me to take the Boy."

"Did you not make a Bargain with her?"

(Mr. Alderson.) "Was the Bargain with her, to take her Son, in Writing?"

"Neither her nor me has no Writing at all to show."

(Mr. Law.) "Did you not make a Bargain that you should have a Year's Board and Ten Pounds with the Boy if the Borough remained as it was, but only Five Pounds if it was disfranchised?"

"I made a Bargain with her as I was to have Ten Pounds and a Year's Board."

"If the Borough remained as it was?"

"I have only received Five Pounds of the Money."

"Did you not make a Bargain with her to receive a Year's Board and Ten Pounds if the Borough remained as it was?"

"What there was I cannot exactly recollect; whether there was any Bargain, I cannot remember."

"Do you mean to say that any Part of that Conversation was reduced into Writing?"

"Yes."

Mr. Alderson objected to Parol Evidence of the Bargain, it being reduced into Writing.

Mr. Law submitted, "That he was entitled to ask whether the Witness held out other Inducements."

The Counsel were informed, "That the Bargain must appear from the Indenture."

(Mr. Law.) "Did you not state to Alice Tomlinson, that if the Borough was disfranchised you were to receive only Five Pounds?"

"The Statement is on the Indenture, and I cannot say further."

"Did you not state to Alice Tomlinson, that if the Borough was disfranchised you were to receive only Five Pounds?"

"Well, I believe that might be the Case; there was some further Consideration after that; but I know very well they will never be able to pay any thing more, for her Husband is dead, and she is left with a very large Family."

"Do you know a Person of the Name of Thomas Bailey, a Saddler, at Retford?"

"Oh yes, I know him very well."

"Is he a Friend of yours?"

"He is a Customer of mine; I do not think he is an Enemy of mine."

"Did you not tell him that you were guaranteed by the Purple Party for the last Election?"

"My Lords, I have been asked that Question before, and I can answer it the same again - He is a Man very full of Nonsense."

"Answer the Question."

"He said so and so. Oh, you will be sure of this and the other; and I said, "Oh yes, to be sure." I found he was fond of fishing, and I thought I would give him an Answer to suit his Purpose; but I never was guaranteed by any body,"

"Did you not tell Thomas Bailey, the Saddler, of Retford, that you were guaranteed by the Purple Party for the last Election?"

"Perhaps I might tell him so; we have had much Discourse together."

"Did you, or not, tell him so?"

"I cannot say whether I did, or not; but I might tell him so, or I might not; I cannot speak to that."

"Will you venture to say you did not tell Thomas Bailey you were guaranteed by the Purple Party for the last Election?"

"If I told him so I told him a great Story."

"I have no doubt you might do that without any great Difficulty; but did you, or not?"

"I do not know; perhaps I might."

(By a Lord.) "Did you, or did you not, give that Answer?"

"Perhaps, my Lord, I might tell him so; but if I did I was telling him a Story."

"Did you, or did you not; or have you any Recollection of it?"

"I have no Recollection of it."

"You swear you have no Recollection of it?"

"I am sure I have no Recollection of it."

(Mr. Law.) "Do you know Mr. Burrows of West Retford?"

"No."

"You do not know Mr. Burrows of West Retford?"

"Oh yes."

"Did you tell him that you had got Five Pounds of Hornby, and was made all right for the other from the Purples?"

"No, I never did; if I told him of Five Pounds from Hornby it was the Five Pounds belonging to the Club."

"Did you tell him you were made all right for the other from the Purples?"

"No, never, to my Recollection; I never told him such a thing. I do not recollect that he said any thing to me about it."

"Will you undertake to swear, upon your Oath, that you did not so state to Burrows? Take care what you are about."

"I do take care what I am about; I should be sorry to say a wrong Word."

"Did you not tell Burrows you were made all right for the other from the Purples?"

"I never could mention such a thing. I do not remember that we had no Conversation on the Subject."

"Will you take upon yourself to swear you did not so state to Burrows?"

"I cannot think that I ever mentioned such a Word to him."

"Will you venture to state that upon your Oath?"

"I will venture to state upon my Oath as I never said such a Word to him; only the Five Pounds for the Club."

"Did you tell Burrows you were made all right from the Purples?"

"No, I never told him that."

"That you abide by?"

"Yes, I will abide by that; I cannot recollect having said such a Word."

"Do you know Cusworth; Mr. Wrightson's?"

"Yes."

"Did you go there with a Party of Freemen?"

"Yes."

"Was Mr. William Palmer of the Party, and a Man of the Name of Newborn?"

"I think Palmer was, but I think Newborn was not."

"Did you go with Mr. Wrightson, the Candidate, into a Room?"

"Yes."

"Alone - you and he alone?"

"No; there was several there."

"Did you go into a Room with Mr. Wrightson apart, upon your Oath?"

"I never went alone with Mr. Wrightson into a Room in my Life."

"Not at Cusworth?"

"No."

"Who was with you at the Time?"

"I think there is one in the House who was there at the Time."

"What is his Name?"

"Leadbeater."

"Did you not tell Mr. Wrightson that you were short of Money, and you hoped he would lend you a little?"

"No, I did not."

"Did you not receive from the Servant at Mr. Wrightson's Three Pounds?"

"No; nor Three Farthings."

"Not in that House at Cusworth?"

"No."

"Do you know Mr. William Burrows; that same Person of whom I spoke before?"

"Yes."

"Did you not tell him so at Dawber's Public House at Retford?"

"No, I never did; I never could have told him such a thing."

"I do not ask you whether you could, but whether you did?"

"No, I never did tell him so."

Re-examined by Mr. Alderson.

"Who is this Gentleman, Burrows, who goes about getting Persons to speak with him?"

"He is a Blacksmith."

"Is he One of the People who has no Vote?"

"He has no Vote."

"Is he One of the People who wants to have a Vote?"

"Yes."

"Is he not One of the Persons living within the Hundred?"

"Yes."

"Is he a Freeholder in the Hundred?"

"I do not know whether he is, or whether his Grandfather had any thing in the Hundred."

"Has he taken a very active Part in the pumping of Witnesses?"

"I do not know; he has had as much Discourse with me, perhaps, as any one; he was One of the Ringers."

"Was he One of the Ringers who went to Mr. Foljambe's about this £5?"

"He was One of them."

"He was One of the Persons that went to Mr. Foljambe's Bank with you when you were paid?"

"Very likely he might; there were Four or Five of us went."

"He also went to Cusworth; or did he only ask you what passed at Cusworth?"

"I never saw him there."

"Did he begin to talk to you about what had taken place at Cusworth?"

Mr. Law objected to this Mode of Examination.

(Mr. Alderson.) "Who is Mr. Bailey, the other Person?"

"He keeps a Public House in Retford."

"Where does he live?"

"At the Horse and Jockey in Retford."

"In what Part of Retford?"

"In Carrol Gate."

"Is that in the Borough?"

"Yes."

"Is he a Freeman?"

"No; he has wanted to be One a long Time."

"Is he a Freeholder?"

"I believe he is."

"When was it he had this Conversation with you which my Learned Friend has been asking you to?"

"I am sure I cannot mention; for we have been so intimate together, we have had a deal of Nonsense and Joke about it. I cannot speak to the Time. I frequently go to his House, when I go any where. I go there to get my Glass in an Evening, when I have done my Work."

"Do you recollect my Learned Friend asking you this Question when you were here last: "Have you never, by way of Nonsense, told Thomas Bailey you had a Promise?" To which you answered, "Not that I recollect any such a thing; he has told me of it, but I do not know any thing of such a thing." Was that the Question my Learned Friend put to you, and your Answer to it, when you were here last?"

"I believe there was something of that kind."

Mr. Law objected to this Examination.

(Mr. Alderson.) "Did you, on the former Occasion, tell their Lordships that the Conversation with Thomas Bailey was a joking Conversation?"

"Yes."

"What was the Name of this Woman-Alice Tomlinson?"

"She is a Widow Woman, now living at a little Distance from Retford."

"When did she apply to you to take her Son?"

"She applied to me about, I think, Three Years ago; Three Years this Month."

"Is the Conversation my Learned Friend has been asking you to a Conversation Three Years ago?"

"Yes."

"This Conversation about what you would do if the Borough was disfranchised?"

"Yes; it was when I returned from London, after the Petition; in a few Weeks after the Petition."

"That was the Conversation at that Time?"

"Yes."

The Witness was directed to withdraw.

Then Sarah Barlow was called in and sworn.

The Counsel was asked as to what Point he proposed to examine this Witness.

Mr. Adam stated, "That he proposed to prove that Mr. Hornby, having been trusted by her with a Variety of Tickets given for a Dinner at this Election, which he was to account for to the Witness, he purloined the Produce, and did not account for them."

The Counsel was directed to point out how he made that Evidence.

Mr. Adam stated, "That he applied it with a view of showing that Hornby was not a Witness on whose Evidence the House could rely."

The Counsel was informed, "That this did not appear to be within the Rule of Evidence; that he might ask the Witness whether, from the Knowledge she had of him, she would believe him upon his Oath."

Mr. Adam stated, "That after this Intimation he did not propose to examine the Witness."

Sarah Barlow was directed to withdraw.

Then Robert Rushby was called in; and having been sworn, was examined as follows:

(Mr. Adam.) "Where do you live?"

"At Staveley."

"Where did you live in 1826?"

"At Norbridge."

"Is Norbridge near Retford?"

"It is Twenty-one Miles from Retford."

"What Business do you carry on?"

"A Boatman."

"Are you a Freeman of Retford?"

"I am."

"Does your Business take you much to Retford?"

"It does at this Time."

"Do you know Mr. Hornby, an Attorney at Retford?"

"I do."

"How long have you known him?"

"I have known him better than Four Years."

"How long before the last Election did you know him?"

"I knew him about Three or Four Weeks before the last Election."

"Where did you see him?"

"The first Time I had ever any Conversation with Mr. Hornby was on the 8th of June 1826."

"Where was that?"

"At the White Hart."

"Do you mean the House kept by Dennett?"

"Yes."

"How came you to go to him there?"

"He came to me about Eight o'Clock at Night, and asked me if I knew one Henry Buckley of Staveley Ford."

"Who is this Henry Buckley?"

"He is a Gentleman, and lives at Staveley retired. They said he had a Right to give a Vote; I did not know any thing of that. But he axed me, whether I knew the Gentleman, and I said I did. They axed me whether I would go to his House, and they would order a Chaise for me; I said I would go; and they ordered a Chaise, and when I got to Worksop I had another Chaise to call, from Mr. Gilbert."

"Did they say what you were to say when you arrived at Staveley?"

"They told me I was to give Henry Buckley a Letter; and they gave me a Letter; and I was to bring him back with me."

"Did you take the Letter?"

"I did."

"Did you deliver it to him?"

"He was gone to London when I went there."

"Did you tell Mr. Hornby what had passed?"

"Yes; when I came back, I told him what had passed; that I had not seen Mr. Buckley, and I had paid for the Chaise of Mr. Gilbert's; and I axed him for the Money."

"Did he give it you?"

Mr. Law submitted, "That this was not Evidence, not being a Contradiction to the Evidence of Mr. Hornby."

The Counsel was informed, "That he might ask the Witness whether he had stated that which Hornby had imputed to him."

(Mr. Adam.) "Did you see Hornby after your Return from this Journey to Staveley?"

"I did."

"Did you ever ask Hornby, upon that Occasion, whether Sir Henry Wilson would pay the Burgesses?"

"Never."

"Did you ever ask him, upon any other Occasion, whether Sir Henry Wilson would pay the Burgesses?"

"Never."

"If Mr. Hornby has said so, is it true, or is it false?"

"It is false."

"Have you ever had any Conversation with Mr. Hornby whatever about the Burgesses having Money?"

"None whatever; I never spoke to him before that Time."

"Had you ever any Conversation with Mr. Hornby about the Election, except in reference to your going to Staveley for Mr. Buckley?"

"None at all, whatever."

"That was all that ever passed upon the Subject of the Election?"

"That was all that passed between me and Mr. Hornby."

The Witness was directed to withdraw.

The Counsel were informed, "That the House proposed proceeding on this Bill on Monday Morning at Ten o'Clock; and that if the Evidence should be closed in the course of the Sitting, the House would expect the summing-up of the Evidence to take place in the course of the Forenoon."

Mr. Adam submitted, "That if any Evidence was proposed to be given in Reply, that should be given before the summing-up of the Evidence in Opposition to the Bill."

The Counsel were informed, "That the Evidence in Reply must be given before the summing-up; but that the House would expect the Counsel to be prepared to sum up immediately on the Close of the Evidence, if that should occur on Monday Morning."

The Counsel were directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off to Monday next, at Ten o'Clock in the Forenoon; and that the Lords be summoned.

Witnesses discharged from further Attendance on it:

Ordered, That William Dennett, John Richardson, Benjamin Scott, Sarah Barlow and Robert Rushby, be discharged from further Attendance on this House upon the last-mentioned Bill.

Witnesses to attend.

Ordered, That Alice Tomlinson, Thomas Bailey, William Burroughs and Mr. Bagshaw, do attend this House forthwith, in order to their being examined as Witnesses upon the Second Reading of the last-mentioned Bill.

Illusory Appointments Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to alter and amend the Law relating to Illusory Appointments;" and for the Lords to be summoned;

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 on Monday next.

Real Property Liability Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for consolidating and amending the Laws for facilitating the Payment of Debts out of Real Estate;" and for the Lords to be summoned;

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 on Monday next.

Stage Coach Proprietors Bill.

A Message was brought from the House of Commons, by Sir Thomas Dyke Acland and others;

With a Bill, intituled, "An Act for the more effectual Protection of Mail Contractors, Stage Coach Proprietors and other common Carriers for Hire, against the Loss of or Injury to Parcels or Packages delivered to them for Conveyance or Custody, the Value and Contents of which shall not be declared to them by the Owners thereof;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Law of Libel Bill.

A Message was brought from the House of Commons, by Sir Thomas Dyke Acland and others;

With a Bill, intituled, "An Act to repeal so much of an Act of the Sixtieth Year of His late Majesty King George the Third, for the more effectual Prevention and Punishment of Blasphemous and Seditious Libels, as relates to the Sentence of Banishment for the Second Offence; and to provide some further Remedy against the Abuse of publishing Libels;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Witnesses Expences (Ireland) Bill.

A Message was brought from the House of Commons, by Sir Thomas Dyke Acland and others;

With a Bill, intituled, "An Act to explain and amend an Act of the Fifty-fifth Year of King George the Third, for the Payment of Costs and Charges to Prosecutors and Witnesses in Cases of Felony in Ireland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, duodecimum diem instantis Julii, horâ decimâ Auroræ, Dominis sic decernentibus.