House of Lords Journal Volume 63: 18 July 1831

Die Lunæ, 18° Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cathcart v. Sir J. Cathcart & Ritchie: (1st Appeal.)

After hearing Counsel fully in the Two Causes wherein John Cathcart Esquire is Appellant, and Sir John Andrew Cathcart Baronet and Henry Ritchie Esquire are Respondents;

The following Orders and Judgments were made:

After hearing Counsel, as well on Wednesday last as this Day, upon the Petition and Appeal of John Cathcart of Carleton and Genoch, Esquire; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 8th (signed 15th) December 1829; and also of Two Interlocutors of the Lords of Session there, of the First Division, dated respectively the 4th (signed 13th) February 1830; and praying, "That the same might be reversed, varied or altered, 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 Sir John Andrew Cathcart Baronet, of Carleton, and Henry Ritchie Esquire, of Busbie, his Curator, put in to the said Appeal; and due Consideration had 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.

Cathcart v. Sir J. Cathcart & Ritchie: (2d Appeal.)

After hearing Counsel, as well on Wednesday last as this Day, upon the Petition and Appeal of John Cathcart of Carleton and Genoch, Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 11th of February 1829; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Sir John Andrew Cathcart Baronet, and Henry Ritchie Esquire his Curator, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutor Affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and the same is hereby dismissed this House, and that the Interlocutor therein complained of, be, and the same is hereby Affirmed: And it is further Ordered, That the Appellant do pay or cause to be paid to the said Respondents the Sum of One hundred and fifty Pounds, for their Costs in respect of the said Appeal.

Burns & Grier v. Stewart.

Ordered, That the Cause wherein John Burns and Robert Grier are Appellants, and Duncan Stewart is Respondent, be heard by Counsel at the Bar on Wednesday next.

Inglis et al. v. Harper.

Ordered, That the Cause wherein William Inglis, and others, are Appellants, and James Harper Esquire is Respondent, be heard by Counsel at the Bar on Wednesday next.

R. & F. Bell v. Gray et al. Petition of 2 Respondents to vacate the Recogce, & for more valid Security, referred to Appeal Com ee.

Upon reading the Petition of Robert and George Gray, Two of the Respondents in a Cause depending in this House, to which Richard Bell and Francis Bell are Appellants; setting forth, "That the Petitioners have been informed that a Person of the Name of Thomas Baker, describing himself as residing at Spring Gardens, London, has entered into Recognizance with the Clerk of the Parliaments for the above-named Appellants, and as their Agent, pursuant to the Standing Order of this House: That Petitioners have caused diligent Enquiries to be made relative to the Residence, Profession and Solvency of said Baker, and have been informed that said Baker is not an Attorney or Solicitor of any of the Courts of Law or Equity either in England or Ireland, and is not at present of any Profession, and that his Residence in Spring Gardens is merely a temporary one; and the Petitioners have not been able to discover that he has any permanent or fixed Place of Abode, or that he has any available Property either in England or Ireland, in case their Lordships should be pleased to award Costs against the Appellants: That Petitioners are convinced that said Baker is wholly unacquainted with the Appellants, and is the mere Nominee of their Irish Agent, who, as Petitioners have been informed, intends conducting and managing said Appeal himself; and that said Baker's Name is merely made use of for that Purpose: That the Appellants are Insolvents, being obliged lately to suspend their Payments, and after entering into a Composition with their Creditors, failed in making same good, and entered into a Second Composition thereon, and have now ceased and are unable to carry on their Business in the City of Dublin as formerly: That the Petitioners have already been put to very considerable Costs and heavy Expence by the vexatious Litigation of said Appellants; and in case their Lordships shall be pleased to order Petitioners the Costs of said Appeal, they would be heavy Sufferers if bad or insufficient Security were given, which they humbly submit that of the said Thomas Baker is;" and therefore praying, "That their Lordships will be pleased to order that the Recognizance of the said Thomas Baker may be vacated, at the Costs and Charges of the said Appellants, and that better and more valid Security for Costs may be given:"

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.

Lords take the Oaths.

This Day George Marquess of Tweeddale, David Earl of Leven and Melville and James Lord Lauderdale took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Mrs. Turton'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 Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned," and for the Lords to be summoned;

Counsel were accordingly called in:

The Counsel stated, "That, according to what he understood to be the Wish of their Lordships, he was prepared to offer further Evidence with respect to the Manner in which the Parties lived together at Calcutta, and upon other Parts of the Case."

Then Elizabeth Petrie was again called in, and further examined as follows:

(By Counsel.) "You are the Wife of Mr. Martin Petrie?"

"I am."

"Did you go out in the Paget, in 1822, with Mr. and Mrs. Turton and Miss Browne?"

"Yes."

"Do you remember Mr. and Mrs. Turton and Miss Browne coming on board the Paget?"

"No, I do not remember their coming on board. They were on board."

"Did you frequently see Mrs. Turton in private?"

"Yes."

"When you saw Mrs. Turton in private, did you ever notice any thing particular about her?"

"Evidently she was very unhappy."

"Will you tell me what you recollect about her?"

"That she had been weeping."

"Were you in the habit of seeing Mrs. Turton in Society?"

"Yes."

"Was the same thing observable in Society?"

"No; she was very lively."

"Do you remember, on one Occasion, Mrs. Turton being ill?"

"She was, on several Occasions."

"Do you remember going to stay with her at any Time when she was ill?"

"Yes."

"Did you see Mrs. Turton and her Sister together upon that Occasion?"

"Yes."

"Do you remember observing any thing particular in Mrs. Turton's Manner, upon that Occasion, to her Sister?"

"It was the first Time it struck me that she rather declined her Attentions that she offered her."

"Do you remember seeing Mrs. Turton a few Days before you left India?"

"I saw her almost daily."

"Do you remember seeing her once when her Sister was with her, when any thing particular happened?"

"I suppose you allude to one Morning, when they had evidently been quarrelling."

"One Morning you found that Mrs. Turton and Miss Browne had been quarrelling?"

"Yes."

"What did Miss Browne do, when you discovered this?"

"She left the Room immediately that I entered."

"Upon that, what did Mrs. Turton do?"

"She was very much distressed; so much so, that I asked her if I could render her any Service."

"Did you ascertain the Cause of the Dispute?"

"She said it was in consequence of her Sister refusing to go Home with her."

"Did you return in the Woodford?"

"Yes."

"Were there any Ladies at Calcutta with whom Mrs. Turton was more intimate than with yourself?"

"No; I do not know that there was. She had a very general Acquaintance."

"Besides your Observation upon Mrs. Turton, did you make any Observation upon the Family in general; upon Mr. Turton and Miss Browne?"

"No; I saw nothing particular."

"As to the State of their Feelings?"

"Not at all."

"Did you make any Enquiry as to the Cause of Mrs. Turton's Uneasiness?"

"Not at all, except on that Occasion."

"Did you observe whether they were a happy or an unhappy Family?"

"I saw that Mrs. Turton was unhappy; but I never saw even an unkind Look between Mr. and Mrs. Turton."

(By a Lord.) "Did you know them before they came on board the Ship?"

"No; I never saw them."

"Had they a Maid on board the Ship?"

"They had one with them."

"Do you know what became of her?"

"She is now married at Calcutta, I have heard."

"You never saw her since?"

"No."

"Miss Browne came on board Ship with them?"

"Yes."

"Did Mr. Turton and Mrs. Turton sleep in the same Room?"

"I do not know; they had Two Cabins, but I do not know what their Arrangements were."

"A Sitting-room and a Bed-room?"

"Yes."

"Had Miss Browne a separate Cabin?"

"No; I understood that Miss Browne slept in Mrs. Turton's Cabin, and that Mr. Turton slept on a Sofa in the other Cabin; I understood that on board."

"Did you ever hear that from Mrs. Turton herself?"

"I think it was Mrs. Turton that told me so."

"Did Miss Browne and Mrs. Turton sleep in the same Bed, or only in the same Cabin?"

"I do not know at all; I never was inside the Room but once."

"Was the Ship crowded?"

"Exceedingly so."

"Did you ever, during the Voyage, perceive any peculiar Intimacy between Mr. Turton and Miss Browne?"

"Not at all."

"Did Mrs. Turton and Miss Browne seem to be on good Terms together?"

"I never observed otherwise."

"Did they pass much of their Time together, in the Day?"

"They were always together; I never saw them separate, I believe."

"How long were you upon the Voyage?"

"I do not exactly recollect; I think about Five or Six Months."

"Were Mrs. Turton and Miss Browne often alone together in the course of the Day?"

"They were almost always on Deck alone; and Mr. Turton was in the Cabin, studying."

"Did you observe any thing particular in the Shape of Miss Browne before she went ashore at Calcutta?"

"No, I did not."

"Were you aware, at Calcutta, that she had had a Child?"

"No."

"Did you ever observe any thing in Miss Browne's Shape at Calcutta unlike that of an unmarried Girl?"

"Yes; but I did not believe it was the Case. I heard so; but I did not believe the Report."

"How long after was that?"

"I do not recollect."

"Did Mrs. Turton ever mention that Subject to you?"

"Never."

"When they lived together in the same House, did you visit them frequently?"

"Almost daily, at one Time."

"Did they visit you?"

"Yes."

"Did Mrs. Turton and Miss Browne, with the Exception you have mentioned, appear to be on an intimate and cordial Footing?"

"I thought so."

"You say you never observed an unkind Look between Mr. and Mrs. Turton; did you ever observe any kind Looks between Mr. Turton and Miss Browne?"

"No, I never did."

"You never observed any particular Attention?"

"Never."

"You say that Mrs. Turton complained that her Sister refused to come Home to Europe; did she say why she wanted her to come Home?"

"No, she did not."

"Did she seem much agitated?"

"Exceedingly so."

"Did she make no Allusion to any Reason?"

"She did not."

"Neither upon that nor upon any other Occasion?"

"Never."

"Did Miss Browne ever say any thing to you?"

"No."

"Did you come Home with Mrs. Turton?"

"No; I came before."

"What Month did you leave India?"

"I do not recollect."

"Do you know now that Miss Browne was brought to bed of a Child before you came away?"

"I have heard of it."

"Could Mrs. Turton have come away at the Time you did?"

"She wished it."

"What prevented her?"

"Mr. Turton's Illness, she told us."

"When you were at Calcutta, were there any Men in Company with the Two Sisters and Mr. Turton?"

"There were Gentlemen daily visiting at the House."

"Young Men?"

"Both young and old."

"Did you ever observe any Levity, or Flirting, or Love-making, between Mrs. Turton and any Men?"

"Never."

"All her Conduct appeared to be quite correct?"

"Perfectly so."

"How did Mr. and Mrs. Turton conduct themselves towards each other?"

"Always with the greatest Attention and Kindness, when I saw them."

"Did he speak to her with apparent Affection, and did she seem to return that Affection?"

"Both."

"And you observed no Difference all the Time you were in India in that respect?"

"Never; I never saw an unkind Look between them."

"You have been with them together when no other Person has been present?"

"Very often."

"Have they appeared to you to be living together upon Terms of Affection?"

"They have."

"Had you any Conversation with her when she came to England, about her coming away?"

"She spoke to me that Morning about her coming Home."

"Did she express any Wish to come Home?"

"She always expressed a Wish to come Home."

"Did she state any Reason?"

"Except that she wished to return to her Family; that the Climate disagreed with her."

"As you were much in her Confidence, did she consult you about her Family?"

"I was not at all in her Confidence."

"But you were together most Days?"

"As we are in India; we are more together in India than Persons in England are."

"How long did you remain in India after you landed there with Mr. and Mrs. Turton?"

"I think about Ten Months."

"And you came away about Two Months before Mrs. Turton?"

"I think it was about that Time."

"Do you recollect Miss Browne being not able to attend Parties during any Part of that Time?"

"She always was with Mrs. Turton, wherever Mrs. Turton went."

"Was that very frequently?"

"Latterly, I think, it was; but at first it was not."

"When they visited, she was out, constantly, was she?"

"Yes, constantly."

"When she was out with Mrs. Turton, did they appear friendly together?"

"Yes; perfectly so."

"Did you ever, upon any Occasion except the one to which you have alluded, observe any Difference of Opinion between them, or any Shyness towards one another?"

"No, I did not."

"Have you seen Mrs. Turton lately; since you came to this Country?"

"I have not seen Mrs. Turton the last Three or Four Years. I think it was in 1827."

"Did you ever have any Conversation with her upon the Subject of this unhappy Intrigue?"

"Never."

(By Counsel.) "You have not seen Mrs. Turton since 1827?"

"Not since 1827 or 1828."

"Do you know where the Maid slept on board the Paget?"

"I do not; I believe, in Mrs. Turton's Cabin."

"When Mrs. Turton and Miss Browne were together on Deck, without Mr. Turton, who was below, were they in a Position where every body could see them?"

"Yes."

(By a Lord.) "You say you saw them most Days; do you ever recollect Miss Browne being ill, so as not to appear in Society for Weeks?"

"Not for Weeks; but for some Days."

"For how long?"

"For some Days, I understood."

"Did you understand what the Cause of the Illness was?"

"No; they said it was a bilious Attack, or something."

"How long was it before you quitted India?"

"I do not recollect."

"Do you recollect seeing Mr. and Mrs. Turton together, after that short Illness of Miss Browne?"

"Yes."

"As before?"

"Yes."

"Did you observe whether there was any Want of Kindness between Mr. and Mrs. Turton then, after Miss Browne's Illness?"

"None whatever."

"Was Mrs. Turton as kind to Mr. Turton as ever?"

"Quite so."

"And he as kind to her?"

"Yes."

"Did you ever observe any Distress in Mrs. Turton after that Time?"

"It was after that Time I did observe it."

"Not before?"

"Not before; I did not know her intimately enough before."

"When she was in a State of Distress, did she say any thing to you?"

"No; she always wished to avoid any Question, and wished me not to take any Notice of it."

"Did she always appear to cry when you were alone with her?"

"No; but generally."

"She was sometimes in good Spirits?"

"Not ever in good Spirits when alone."

"But she was, apparently, when in Company?"

"Decidedly."

"And Miss Browne also?"

"Yes."

"Did you observe her Behaviour to Miss Browne after Miss Browne's Illness?"

"Yes."

"Was the Quarrel after that?"

"It was a few Days before I left India that the Difference arose."

"Except upon that Occasion, did you observe any Quarrelling or any Coldness between her and Miss Browne, after Miss Browne's Illness?"

"No, I did not."

(By Counsel.) "You say that Miss Browne went out with Mrs. Turton more frequently latterly in India; was that after the Time when you had heard the Reports you mentioned?"

"Yes."

(By a Lord.) "You say that you saw Mrs. Turton frequently crying; in what State of Grief did she appear to you to be at those Times?"

"Sometimes very much distressed; at other Times not."

"Did you never think of asking her what weighed upon her Mind?"

"No; I saw she evidently avoided it. She always said she was ill."

The Witness was directed to withdraw.

Then Martin Petrie was again called in, and further examined as follows:

(By Counsel.) "You remember Mr. and Mrs. Turton and Miss Browne coming on board the Paget off the Isle of Wight?"

"I do."

"I think you said it was the Back of the Isle of Wight?"

"It was."

"Is that a Place where Passengers are usually taken on board Indian Ships?"

"No."

"Do you remember in what Dress Mr. Turton was?"

"He was dressed like a Seaman."

"How did they come off?"

"Apparently in a Smuggling Vessel."

"Was any thing done before they came off in the small Vessel?"

"We fired a Gun from the Paget."

"Do you remember whether, besides Mr. and Mrs. Turton and Miss Browne, any Person came on board with them?"

"No, I do not remember."

"Do you remember the Servants they had with them?"

"Yes; they had an English Female Servant and a Black Man."

"Do you remember whether that English Female Servant came on board with Mrs. Turton, or whether she was on board before?"

"I do not remember."

"After Mrs. Turton's Passage was given up in the Woodford, do you remember taking a Passage for her in the Minerva?"

"I do."

"Do you remember any thing passing at that Time between Mr. and Mrs. Turton relating to Miss Browne's Return to England?"

"I remember Mrs. Turton saying that Adeline would go Home with her; and Mr. Turton said, "No; she says she will stop to take care of me, as I have been ill."

"When was that?"

"That was a Fortnight before I left Calcutta in the Woodford."

"Do you know what Maid came Home with Mrs. Turton in the Minerva?"

"No, I do not."

"What became of the Maid that Mrs. Turton took out with her?"

"She was in Calcutta when I left."

(By a Lord.) "You were not Captain of the Ship?"

"No, I was not."

"Are you a Medical Man?"

"No."

(By Counsel.) "You were the Purser of the Woodford?"

"Formerly I was."

(By a Lord.) "How did you observe that they behaved to each other during the Voyage?"

"Mrs. Turton and Miss Browne were constantly on Deck during the Daytime."

"Did they appear intimate together?"

"Yes; Mrs. Turton appeared never to leave her. Mr. Turton used to be studying sometimes on Deck, but more frequently in the Cabin; and Mrs. Turton and Miss Browne used to be on the Poop; and they generally dined there."

"Did Mrs. Turton appear to be watching her?"

"I had no Suspicion of any thing wrong, and I did not observe; but they were always together working."

"Did they appear upon good Terms?"

"As far as I could observe, they did."

"Did they seem cheerful?"

"Mrs. Turton did not appear cheerful; not always, at least."

"But sometimes she did?"

"Occasionally she did."

"But, generally speaking, she did not appear cheerful?"

"Not to me."

"Have you seen Mr. and Mrs. Turton speak to each other?"

"Yes."

"Did Mrs. Turton appear in good Spirits when she was talking to Mr. Turton?"

"Always, in Society, she appeared in good Spirits."

"Have you ever seen them together with no Person but yourself present?"

"I cannot say that I have."

"Where did Mr. Turton dine?"

"In the Cuddy, with the Passengers."

"Were there Ladies dining in the Cuddy?"

"Yes."

"Do you know why Mrs. Turton and Miss Browne did not dine in the Cuddy?"

"I do not know. There was not Room for all in the Cuddy; I did not dine in the Cuddy myself."

The Witness was directed to withdraw.

Then William Bower was called in; and having been sworn, was examined as follows:

"Were you Clerk to Mr. Turton in 1822, before he went to India?"

"I was."

"Do you remember going down with him to Portsmouth?"

"I went down by myself, for the Purpose of shipping his Goods at Portsmouth."

"Do you remember, when you were there, seeing General Browne?"

"Yes."

"Did you tell General Browne where Mr. Turton was?"

"I told him that he was gone to Plymouth, I believe."

"By whose Directions did you tell him that?"

"By Mr. Turton's Directions."

(By a Lord.) "Did you go out to India with them?"

"No."

"Was any Reason given why you were to tell what was not true?"

"Yes; that Miss Browne wished to go out as Companion to her Sister Mrs. Turton, and Mrs. Turton wished her to go, but that General Browne wished her not to go; but as it was her Wish to go, Mr. Turton had a Desire to take her."

"Did you ever hear Mrs. Turton say that she wished her to go?"

"No."

"That was the Reason that Mr. Turton gave to you?"

"Yes."

The Witness was directed to withdraw.

Then George Henry Brown was called in; and having been sworn, was examined as follows:

"You are a Clerk in the India House?"

"I am."

"Have you any Book kept in the India House relating to the Minerva?"

"Yes."

"Have you the Book with you?"

"No."

"Have you Extracts from the Book?"

"I have made a few Memoranda."

The Counsel was informed, "That the Extracts could not be received in Evidence, but that the Book itself must be produced."

"Who is the Captain of the Minerva?"

"Captain Probyn."

"Do you know whether he is in this Country?"

"No, certainly not."

"When did he leave this Country?"

"In May."

"Is he gone out in the Minerva?"

"Yes."

"Do you know whether Native Servants usually return to India?"

"Yes."

The Witness was directed to withdraw.

The Counsel was directed to withdraw.

Ordered, That the further Consideration of the said Bill be put off to Monday the 8th of August next; and that the Lords be summoned.

Evidence to be printed.

Ordered, That the Evidence taken on the said Bill be printed.

E. of Mulgrave's Claim to vote at Elections of Peers for Ireland, referred to Com ee for Privileges.

Upon reading the Petition of The Right Honorable Constantine Henry Earl of Mulgrave in England and Baron Mulgrave in Ireland; setting forth, "That on the 4th Day of July 1811 their Lordships were pleased to order and adjudge that Henry Lord Mulgrave had made out his Claim to be admitted to vote at the Election of the Lords Temporal to represent the Peerage in Ireland in the Parliament of the United Kingdom: That the said Henry Lord Mulgrave departed this Life in the Month of April 1831: That the Petitioner is the eldest Son of the said Henry Lord Mulgrave, and claims a Right to vote at Elections of Peers of Ireland to sit in the Parliament of the United Kingdom;" and therefore praying, "That his said Right may be admitted by their Lordships:"

It is Ordered, That the said Petition be referred to the Lords Committees for Privileges, to consider and report; and that their Lordships do meet to consider thereof on Wednesday next.

Gorbals Statute Labour Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to alter and amend an Act passed in the Sixth Year of the Reign of His late Majesty King George the Fourth, for regulating the Conversion of the Statute Labour within the Barony of Gorbals, in the City of Glasgow and County of Lanark," 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 directed him to report the same to the House, without any Amendment."

Assessed Taxes Composition Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act to continue Compositions for Assessed Taxes until the Fifth Day of April One thousand eight hundred and thirty-three; and to grant Relief in certain Cases;" to which they desire the Concurrence of this House.

Militia Ballots Suspension Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "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;" to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time:

Carvalho's Naturalization Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

To return the Bill, intituled, "An Act for naturalizing Custodio Pereira de Carvalho;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Woolvercot Inclosure Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act for inclosing Lands in the Parish of Woolvercot, in the County of Oxford, and for commuting the Tithes of the said Parish;" to which they desire the Concurrence of this House.

Rothbury Inclosure Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act for inclosing Lands in the Parish of Rothbury, in the County of Northumberland;" to which they desire the Concurrence of this House.

Liverpool & Prescot Roads Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act for more effectually repairing, amending and improving the Roads from Liverpool to Prescot, Ashton and Warrington, in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.

Vale of Blackmoor Roads Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act to continue and amend an Act of the Fifth Year of His late Majesty, for repairing the Roads from Durweston Bridge to Caundle Bishop, and other Roads, in the Counties of Dorset and Somerset, so far as relates to the Vale of Blackmoor Turnpike Roads;" to which they desire the Concurrence of this House.

Manchester, Bolton & Bury Railway Bill.

A Message was brought from the House of Commons, by Mr. Bernal and others;

With a Bill, intituled, "An Act to enable the Company of Proprietors of the Canal Navigation from Manchester to Bolton and to Bury to make and maintain a Railway from Manchester to Bolton and to Bury, in the County Palatine of Lancaster, upon or near the Line of the said Canal Navigation, and to make and maintain a Collateral Branch to communicate therewith;" to which they desire the Concurrence of this House.

Writers to the Signet Widows Fund Bill.

A Message was brought from the House of Commons, by Mr. Campbell and others;

With a Bill, intituled, "An Act for better raising and securing the Fund established for making Provision for the Widows of the Writers to His Majesty's Signet in Scotland;" to which they desire the Concurrence of this House.

Rothesay Harbours & Gaol Bill.

A Message was brought from the House of Commons, by Mr. Campbell and others;

With a Bill, intituled, "An Act for improving, repairing and maintaining the Harbours of the Burgh of Rothesay, in the County of Bute, and for building and maintaining a Gaol, Court House and Offices for the said Burgh and County;" to which they desire the Concurrence of this House.

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

Corporation of Galway v. Attorney General for Ireland.

The House being informed, "That Mr. Andrew John Martin attended, in order to deliver in Pleadings and Proceedings in the Cause wherein The Corporation of Galway are Appellants, and The Attorney General for Ireland, at the Relation of Valentine Blake and Thomas Blakeney Esquires, is Respondent;"

He was called in, and delivered the same at the Bar, and attested upon Oath they were true Copies, he having examined them with the Originals in the proper Offices in Ireland:

And then he withdrew.

Kinkaid's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain detached Portions of the Lands and Estates entailed by the deceased John Buchanan Esquire, of Carbeth, in the County of Stirling, in Trustees to sell the same, and to apply the Price arising therefrom in the Purchase of other Lands near to the Mansion House of Carbeth and the Remainder of the said Entailed Lands."

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

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by Mr. Wingfield and Mr. Farrer;

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

Thornset Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and maintaining a Road from Thornset, in the County of Derby, to Furnace Colliery within Disley, in the County of Chester, and Two several Branches therefrom."

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

It was resolved in the Affirmative.

Monmouth Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving several Roads therein mentioned, leading to, through and from the Town of Monmouth; and for making several new Lines and Diversions of Road to communicate therewith, in the Counties of Monmouth, Gloucester and Hereford."

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

It was resolved in the Affirmative.

Barton Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road from the Bridge on the old River at Barton to Brandon Bridge, in the County of Suffolk."

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

It was resolved in the Affirmative.

Grosvenor Chapel Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Establishment of a Chapel of Ease to be called Grosvenor Chapel, in the Parish of Saint George Hanover Square, in the County of Middlesex, and for providing for the Maintenance of the said Chapel, and a Stipend for the Minister thereof."

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

It was resolved in the Affirmative.

Lynn (South Gate) Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually repairing and otherwise improving the several Roads from the South Gate in the Borough of King's Lynn into the Parishes of East Walton, Narborough, Stoke Ferry and Downham Market, in the County of Norfolk."

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

It was resolved in the Affirmative.

Lynn (East Gate) Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Roads from the Borough of King's Lynn, and other Roads therein mentioned; and for making a new Line of Road at Castle Rising, all in the County of Norfolk."

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

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 6 preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers;

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

Wooler & Breamish Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for consolidating the Trusts of certain Roads called the Breamish and Wooler Turnpike Roads, in the County of Northumberland, and for more effectually improving and maintaining the same."

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

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

Durham Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road between the City of Durham and the Village of Shotley Bridge, in the County of Durham."

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

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

Abergavenny Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing certain Roads leading to and from the Town of Abergavenny, in the County of Monmouth; and for making and maintaining several new Branches of Road to communicate therewith."

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

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

Belfast Bridge Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for erecting and maintaining a Bridge over the River Lagan at Belfast, and for making suitable Approaches thereto."

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

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

Forfarshire Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually making, amending, widening, repairing, and keeping in Repair certain Roads in the County of Forfar."

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

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

Kinross-shire, &c. Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually making and repairing certain Roads in the Counties of Fife, Kinross, Perth and Clackmanan."

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

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

Poor Laws, Petitions from Halifax, & Society for Encouragement of Industry, &c. for Introduction of, into Ireland.

Upon reading the Petition of the Inhabitants of the Town of Halifax, in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "to institute such Enquiries into the Cause of the recurring Periods of Distress in the Western Parts of Ireland as may lead to speedy Measures for their Prevention, and especially to the Introduction of a legal Provision for the Poor, under such Modifications as the peculiar Condition of that Portion of the Empire may suggest; and for Legislative Encouragements to drain and redeem the extensive Bogs and Wastes; or of some such System of legal permanent Relief as the Wisdom of the Legislature may approve:"

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

A Petition of the Society for Encouragement of Industry and Reduction of Poor's Rates, King's Head Tavern, Poultry, London, was presented and read; praying their Lordships, "That for the Purposes of Justice, Humanity and sound Policy, they will conciliate Subjects entitled, by the Union with Great Britain, to a Participation of our best Institutions; and for the universal Benefit of the United Kingdom their Lordships will be pleased to pass an Enactment whereby a compulsory Rate may be levied upon Lands, Houses and certain Tenantry in Ireland, for the Relief of the Poor in Ireland:"

Ordered, That the said Petition be received as the Petition of "Benjamin Wills, Honorary Secretary," who only has signed it.

Foreign Flour, Petition from Halifax against the Importation of.

Upon reading the Petition of the Owners and Occupiers of Corn Mills in the Town and Neighbourhood of Halifax, in the County of York, whose Names are thereunto subscribed; praying their Lordships "for such a Modification of the Corn Laws as may withdraw the virtual Bounty on the Importation of Flour in preference to Wheat, and thus remove that plain pecuniary Inducement to the employing of American Millers, which now threatens extensive Decay and Ruin to the Owners and Occupiers of British Corn Mills and Machinery:"

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

Payment of Wages in Goods Repeal Bill.

It was moved, "That the Order made on Thursday the 7th of this instant July, "That the House be put into a Committee upon the Bill, intituled, "An Act to repeal several Acts and Parts of Acts prohibiting the Payment of Wages in Goods, or otherwise than in the current Coin of the Realm," on Thursday the 21st of this instant July; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the House be put into a Committee upon the said Bill on Thursday the 28th of this instant July; and that the Lords be summoned.

Payment of Wages in Money Bill.

It was moved, "That the Order made on Thursday the 7th of this instant July, "That the House be put into a Committee upon the Bill, intituled, "An Act to prohibit, in certain Trades and in certain Parts of Great Britain, the Payment of Wages in Goods, or otherwise than in the current Coin of the Realm," on Thursday the 21st of this instant July; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the House be put into a Committee upon the said Bill on Thursday the 28th of this instant July; and that the Lords be summoned.

Galway Elective Franchise, Petitions for Extension of: (St. Nicholas, Galway:)

Upon reading the Petition of the Protestant Freemen of the Parish of St. Nicholas, in the County of the Town of Galway, whose Names are thereunto subscribed:

Commercial Society, Galway:

Also, Upon reading the Petition of the Members of the Commercial Society of Galway, whose Names are thereunto subscribed:

Diocese of Kilfenora.

And also, Upon reading the Petition of the Roman Catholic Prelate and Clergy of the Diocese of Kilfenora, whose Names are thereunto subscribed; severally praying, "That their Lordships will be graciously pleased to equalize Civil Rights in Galway, by extending to the Roman Catholic Mercantile and Trading Classes the Elective Franchise in as full and ample a Manner as the same is now enjoyed by Protestants:"

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

Damages by Riots, Petition from Southampton for Reimbursement of, by the Hundred.

Upon reading the Petition of the Owners and Occupiers of Lands in the County of Southampton, whose Names are thereunto subscribed; praying, "That the Legislature will be graciously pleased to frame such Enactments for making Provision for the Reimbursement by the Hundred of the Loss of Property occasioned either by secret wilful Fire or by open Tumult, as shall, without giving any Indulgence to Indolence or Supineness in the Owners, compel the Inhabitants of the Hundred to reimburse them for the Destruction of Corn, Grain, Pulse, Seeds, Flax, Hay, Straw, Haulm and Roots, and of manufactured and unmanufactured Woodland Produce, that may hereafter be destroyed by Fire wilfully and unlawfully occasioned, or by the Acts of riotous and tumultuous Assemblies of Persons, and for the Destruction of Barns, Stables, Cattle Houses, Granaries, Mills, Malt-Houses, Hop-oasts and other Buildings used for the harvesting or depositing therein of any Agricultural Produce, or preparing the same for a Market or for Consumption, and of Corn and other Produce of Land deposited or contained therein, and of all Engines, Machinery and Instruments used or intended for the Purpose of preparing for a Market or Consumption any Corn or other Produce of Land, or used or intended for performing or facilitating any Operation of Husbandry:"

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

Game Laws, Petition of J. Hamerton for Alteration of.

Upon reading the Petition of James Hamerton Esquire, of Hellifield Peel, in the County of York; praying, That their Lordships will not permit another Session to pass away without repealing the present demoralizing Game Laws, putting an End to the Heart-burnings, Animosities and Crimes they are daily engendering, and preserving thereby Mankind, instead of Game:"

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

Reform of Parliament, Petitions in favor of: (Macclesfield:)

Upon reading the Petition of the Inhabitants of Macclesfield and its Vicinity, in the County of Chester, whose Names are thereunto subscribed; praying their Lordships forthwith to adopt Measures that shall ensure to every Man of these Realms who is liable to be called upon to serve His Majesty in the Defence of His Royal Person and Government by the bearing of Arms, or in the Support of His Dignity and Government by the paying of Taxes, the Right to vote for a Member of the Commons House of Parliament; that, for the Purpose of frequently obtaining the Opinions of the People of these Realms, the Members of the Commons House of Parliament may be chosen yearly and every Year; and that, for the Protection of the Electors in the tendering of their Votes, the Method of electing Members of the Commons House of Parliament may be by Ballot:"

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

Mayo:

Upon reading the Petition of the Nobility, Gentry, Clergymen and Freeholders of the County of Mayo, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to support His Majesty's Ministers in carrying into Effect the Measures that are now before the Country for the Purpose of reforming the State of Parliamentary Representation:"

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

Dunmore.

Upon reading the Petition of the Inhabitants of the Barony of Dunmore, County of Galway, Ireland, whose Names are thereunto subscribed; praying their Lordships "to give their zealous Support to a Measure so ardently and anxiously expected by the great Body of the People as the Measure of Reform in the Representation of the People in the Commons House of Parliament, the Prospect of the Success of which they now hail as the Harbinger of National Content, and the true and solid Basis of the lasting Grandeur of the British Empire:"

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

Exeter Roads Bill read 2 a, & committed:

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act of His late Majesty King George the Fourth, for repairing the several Roads leading to and from the City of Exeter, and for making certain new Lines of Road to communicate with the same, and for keeping in Repair Exe Bridge and Countess Wear Bridge; and to make and maintain other Roads communicating with the said Roads."

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

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

Petition against it, referred to the Com ee:

Upon reading the Petition of the Portreeve and Bailiff of the Borough and Parish of Honiton, in the County of Devon, which is situated on the Eastern Side of the City of Exeter, under their Common Seal, and of the principal Inhabitants thereof, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying, "That their Lordships will be pleased to make Provision in the said Bill now in Progress through this House for protecting the Petitioners from any additional Tolls; and to grant them such further Relief in the Premises as to their Lordships shall seem meet:"

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

All Lords added to the Com ee:

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee to whom the last-mentioned Bill stands committed, be added thereto.

Com ee to appoint a Chairman.

Ordered, That the Committee to whom the said Bill stands committed do appoint their own Chairman.

Education, (Ireland,) Petition from Mourn-Abbey for regulating Grants for.

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Mourn-Abbey, County Cork, in Ireland, whose Names are thereunto subscribed; praying their Lordships "to extend what may be considered in their Wisdom and Discernment a fair and equitable Portion of the Annual Grant for the Education of the Poor of Ireland to some respectable and secure Body or Individuals of the Roman Catholic Profession, for the more useful and more universal Diffusion of Knowledge among the Roman Catholic Children of Ireland:"

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

Reform of Parliament, & Education, (Ireland,) Petition from Reynagh respecting.

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Reynagh, in the King's County, in Ireland, whose Names are thereunto subscribed; praying their Lordships "to concede to the Entreaties of the Petitioners, in conjunction with the Millions of their Fellow Subjects who have similarly addressed their Lordships for the passing of the glorious Reform Bill, and the Appropriation of the National Education Fund to the true Purpose - the Improvement of the rising Generation of all Creeds, and the Appointment of our Hierarchy to superintend the Instruction of the Children of the Faith of the Petitioners:"

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

Union with Ireland, Petition from Tyrawly against Repeal of.

Upon reading the Petition of the Inhabitants of the Barony of Tyrawly, in the County of Mayo, whose Names are thereunto subscribed; praying, "That their Lordships will refuse to entertain for One Moment any Proposal to dissolve the incorporative Union of the British Islands, which constitutes the only sure Basis of their mutual Strength and Prosperity, confirm its Indissolubility by a solemn Decree, and declare every Man an Enemy to his Country who attempts, by dividing, to destroy her:"

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

Whittet & Greig v. Johnston et al.

Upon reading the Petition and Appeal of Mrs. Jane Whittet or Greig, Wife of Alexander Greig of Hallgreig, Writer to the Signet; and of the said Alexander Greig as Husband of the said Mrs. Jane Whittet or Greig, and for his own Interest; and of the said Alexander Greig also as Administrator in Law for the Children procreated of the Marriage between him and the said Mrs. Jane Whittet or Greig; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of 28th June 1831, in so far as it respects the Reduction and Declarator and the Advocations; and also in so far as in the Multiplepoinding and Exoneration it ranks and prefers their Competitors on the Funds in medio quoad the Interest of the before-mentioned Provision of Five thousand Pounds, after Martinmas 1825, the Term preceding the said John Johnston or John Whittet Johnston's Death, and quoad the Debt or Sum of Five hundred and eleven Pounds Five Shillings and Seven-pence, and, as to that Interest and this Debt or Sum, decerns in the Preference and against the Raiser; and, on his accounting for or paying the same to them, exoners and discharges him in Terms of the Libel; and also of an Interlocutor of the Lord Ordinary there, of the 5th July 1831; and praying, "That the same may be reversed, varied or altered, in so far as complained of, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Richardson Johnston and William Glen Johnston, William Piddie and Alexander M'Kenzie as his Mandatories or Factors and Commissioners; James Charles Johnston, Charles Richardson Johnston, David Johnston, Thomas Glen Johnston, Henry Johnston, John Richardson Johnston, Georgina Johnston and Harriet Johnston; and William Glen Johnston as Factor loco absentis of the said James Charles Johnston, and as Administrator in Law for the others, may be required to answer the said Appeal:"

It is Ordered, That the said George Richardson Johnston, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 15th Day of August next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Tithes Composition Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for encouraging and facilitating Compositions for Tithes and other Payments arising and payable to Incumbents of Ecclesiastical Benefices in England and Wales;" and for the Lords to be summoned;

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

After Debate,

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 Thursday next; and that the Lords be summoned.

Tithes Commutation Bill Withdrawn.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for the Commutation of Tithes in England and Wales;" and for the Lords to be summoned;

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

Which being objected to;

It was moved "to leave out ("now") and insert ("this Day Six Months")

After Debate,

The said Bill was (by Leave of the House) withdrawn.

Netterville Peerage, Com ee put off.

It was moved, "That the Order made on Monday the 4th of this instant July, "That the Committee for Privileges to whom the Petition of James Netterville Esquire, of Frahane, late of Coarsefield, in the County of Mayo, in Ireland, to His Majesty; praying, "That the Title, Dignity and Honor of Viscount Netterville of the Kingdom of Ireland may be declared and adjudged to belong to the Petitioner;" together with His Majesty's Reference thereof to this House, and the Reports of The Attorney and Solicitor General for Ireland, and of The Solicitor General for England, thereunto annexed; and also the Petition of John Edwin Netterville of Hackney, in the County of Middlesex, Esquire; praying, "That their Lordships will, before proceeding to Judgment in the Matter of the before-mentioned Claim of James Netterville Esquire, grant such reasonable Time to the Petitioner as may enable him to investigate and make Searches for further Evidence of his alleged Rights to the said Title, Dignity and Honor, and to produce such Evidence at the Bar of their Lordships House, or to take such other legal Steps as he may be advised," stand referred, do meet to consider further of the said Claim on Wednesday the 20th of this instant July; and that Notice thereof be given to His Majesty's Attorney General for England, and also to His Majesty's Attorney and Solicitor General for Ireland," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the Committee for Privileges do meet to consider further of the said Claim on Wednesday the 27th of this instant July; and that Notice thereof be given to His Majesty's Attorney General for England, and also to His Majesty's Attorney and Solicitor General for Ireland.

Lord Lieutenants (Ireland) Bill, Debate on 3d Reading resumed:

The Order of the Day being read for resuming the adjourned Debate of Friday last upon the Motion, "That the Bill, intituled, "An Act to provide for the better Order and Government of Ireland, by Lieutenants for the several Counties, Counties of Cities and Counties of Towns therein;" be now read the Third Time;" and for the Lords to be summoned;

The said Debate was resumed.

After Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was read the Third Time.

Then several Amendments were made to the said Bill.

Bill passed:

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

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by the former Messengers;

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

Lunatics Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating for Three Years, and from thence until the End of the then next Session of Parliament, the Care and Treatment of Insane Persons in England."

Ordered, That the said Bill be committed.

Adjourn.

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