House of Lords Journal Volume 62: 8 April 1830

Die Jovis, 8 Aprilis 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Whitehead v. Rowat:

After hearing Counsel this Day upon the Petition and Appeal of Robert Whitehead, Physician in Hamilton; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 19th of November 1825 and the 21st of February 1826; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 17th of November 1826; also of Three Interlocutors of the said Lord Ordinary, of the 16th of January and the 7th and 14th of February 1827; and also of an Interlocutor of the said Lords of Session, of the 21st of February 1828; 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 John Rowat, Wright in Hamilton, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Reversed, with a Declaration, & Cause remitted.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be and the same are hereby Reversed: And it is Declared, That the Respondent is entitled to demand from the Appellant the Sum of One thousand four hundred and two Pounds Nine Shillings and Three-pence, being the Sum concluded for by the Respondent in the Action instituted by him in the Court of Session in the Month of October 1817, with the legal Interest thereon from the Date from which Interest was allowed by the said Court under the Second Action brought by the said Respondent, under Deduction of all Payments made to him on Account, in consequence of interim Decrees or otherwise: And it is further Ordered, That with this Declaration the Cause be remitted back to the Court of Session, to do therein as shall be just.

Allardice & Boswell v. Robertson:

The House (according to Order) proceeded to take into further Consideration the Cause wherein Robert Barclay Allardice and John Boswell Esquires are Appellants, and John Robertson is Respondent:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

After hearing Counsel, as well on Thursday the 25th and Wednesday the 31st Days of March last as on Thursday the 1st Day of this instant April, upon the Petition and Appeal of Robert Barclay Allardice Esquire, of Ury, and John Boswell Esquire, of Kingcaussie, both in the County of Kincardine; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 13th December 1827 and of the 14th (signed 15th) of May 1829; and also of Four Orders of the Jury Court, of the 7th of March 1828, the 10th of July 1828, the 19th of December 1828 and the 15th of January 1829; and praying, "That the same might be reversed, varied or altered, or that the Appellants 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 John Robertson, put in to the said Appeal; and due Consideration had, as well on Tuesday last as this Day, of what was offered on either Side in this Cause:

One Interlocutor & Three Orders Affirmed, with a Declaration; the other Order & Interlocutor in part Reversed; & Cause remitted, with a Direction.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor of the Lords of Session, of the Second Division, of the 13th of December 1827, and also the Three Orders of the Jury Court, dated respectively the 7th of March, the 10th of July and the 19th of December 1828, complained of in the said Appeal, be, and the same are hereby Affirmed: And it is Declared, That this House is of Opinion that the Action of Damages in the said Appeal mentioned could not be maintained without Proof of Malice, and that there was not in this Case any Proof of Malice, nor any Evidence from which Malice could be inferred: And with this Declaration, it is further Ordered and Adjudged, That the said Order of the Jury Court of the 15th of January 1829, and also the said Interlocutor of the Lords of Session, of the Second Division, of the 14th of May 1829, also complained of in the said Appeal, in so far as it declares the Verdict final and conclusive in Terms of the Statute, and finds the Respondent entitled to the Expences incurred by him in discussing the Bill of Exceptions, be, and the same are hereby Reversed: And it is further Ordered, That with the Declaration and Reversal beforementioned the Cause be remitted back to the Court of Session, that the same may be sent by the said Court to the Jury Court, with an Order that a new Trial may be allowed, if the Respondent shall so desire.

Brown v. Ewing et al:

After hearing Counsel for the Appellant this Day, upon the Petition and Appeal of George Brown, Merchant in Glasgow, One of the Partners of the Dalmarnock Dye Work Company, and of the Greenhead Foundery Company, with Consent of James Boaz, Accountant in Glasgow, Trustee on the Sequestrated Estate of the said George Brown, as an individual Partner of the said Companies; complaining of an Interlocutor or Judgment of the Lords of Session in Scotland, of the Second Division, of the 11th of March 1828, in as much as it refuses the Prayer of the Petition, (for Approval of the Composition,) in so far as it concerns the individual Estate of the said George Brown, and over which the said James Boaz is Trustee; and praying, "That the same might be reversed, varied or altered, 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 joint and several Answer of Alexander Ewing and Messieurs Lindsay and Adam, and also the separate Answer of Peter Buchanan, Trustee and Factor for the Trustees of his Father Peter Buchanan, late of Auchmar, put in to the said Appeal; and no Counsel appearing for the said Respondents, the Counsel were directed to withdraw:

Interlocutor Reversed, & Cause remitted with a Direction & Declaration.

Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Interlocutor or Judgment complained of in the said Appeal be, and the same is hereby Reversed: And it is further Ordered, That the Cause be remitted back to the Court of Session, with Instructions to grant a Scrutiny in case the same should be required by any of the objecting Creditors, and then to proceed further to determine the Cause: And it is Declared, That if no such Scrutiny is demanded by such objecting Creditors, the Prayer of the original Application by the Appellant for his Discharge ought to be granted.

Sir A. J. Cochrane v. Dr. Ramsay.

After hearing Counsel, in Part, in the Cause wherein The Honorable Sir Alexander Inglis Cochrane is Appellant, and Doctor David Ramsay is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Thursday the 29th of this instant April.

M'Gavin v. Stewart: Same v. Same.

Ordered, That the Two Causes wherein James M'Gavin is Appellant, and James Stewart is Respondent, be heard by Counsel at the Bar on Thursday the 29th of this instant April.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, The Lord Chancellor in the Middle, with The Lord Privy Seal on his Right Hand, and The Earl of Shaftesbury on his Left; commanded the Officiating Yeoman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons",

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles of which are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

Then the said Commission was read by the Clerk, as follows; (viz ^t.)

"GEORGE R.

GEORGE the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas in Our said Parliament divers and sundry Acts have been agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensure; (that is to say) "An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the Time limited for those Purposes respectively until the Twenty-fifth Day of March One thousand eight hundred and thirty-one; to permit such Persons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the First Day of Hilary Term One thousand eight hundred and thirty-one; and to allow Persons to make and file such Affidavits, although the Persons whom they served shall have neglected to take out their Annual Certificates:" "An Act for the Relief of Parishes from the Expences of maintaining the Wives and Families of Men convicted under the Laws for the Prevention of Smuggling, and sentenced to serve His Majesty in His Naval Service:" "An Act for extending certain Provisions of an Act of the Eight Year of Queen Anne, for the better Security of Rents, and to prevent Frauds committed by Tenants regarding Executions, to certain Process in use within the County Palatine of Durham and Sadberge:" "An Act to enable the Commissioners of the Harbour of Ardglass, in the County of Down, to make Contracts for Works, and to borrow Money for the Improvement of the said Harbour:" "An Act for the better Regulation of the Affairs of the joint Parishes of Saint Giles in the Fields and Saint George Bloomsbury, in the County of Middlesex, and of the separate Parishes of Saint Giles in the Fields and Saint George Bloomsbury, in the same County:" "An Act for maintaining and governing the Harbour of Axmouth, and Works connected therewith, in the Parish of Axmouth, in the County of Devon:" "An Act for paving, lighting, watching, cleansing and otherwise improving Brunswick Square and Brunswick Terrace, and certain Streets and other Public Places upon certain Grounds late Part of a Farm called the Wick Farm, in the Parish of Hove, in the County of Sussex:" "An Act to amend and alter Two several Acts passed in the Sixth and Tenth Years of the Reign of His present Majesty, for making and constructing certain Wet Docks, Warehouses and other Works in the Parish of Saint Botolph without Aldgate, and in the Parish or Precinct of Saint Katharine, near the Tower of London, in the County of Middlesex; and for enlarging and extending the Powers and Provisions of the said Acts:" "An Act for better lighting with Gas the Town of Swansea, in the County of Glamorgan:" "An Act for extending and amending the several Acts relating to the Docks and Harbour of Liverpool:" "An Act for the better Paving and Sewerage of the Town of Liverpool, in the County Palatine of Lancaster; and for settling the Boundaries between the said Town and the Township of Kirkdale and Parts of the Townships of Everton and West Derby:" "An Act for more effectually repairing and maintaining the Road from New Chappel, in the County of Surrey, to Ditcheling Bost Hills, in the County of Sussex, and from thence to the Town of Brighthelmston, in the same County; and also for making and maintaining a Branch of Road from the Town of Ditcheling to Clayton, in the County of Sussex:" "An Act for more effectually repairing and improving the Roads from the Town of Malmesbury to Copped Hall Turnpike, Sutton Benger Church, and Dauntsey Gate, in the County of Wilts:" "An Act for making and maintaining a Turnpike Road from Pickford Brook, in the Parish of Allesley, in the County of Warwick, to Canwell Gate, in the County of Stafford:" "An Act for more effectually repairing, amending, widening and improving the Road from the West Cowgate, near Newcastle-upon-Tyne, to the Alemouth Turnpike Road, in the County of Northumberland; and for making and maintaining other Roads communicating therewith:" "An Act for repairing the Road from Wakefield to Sheffield, in the County of York:" "An Act for more effectually repairing and improving the Road from Chorlton Row, near Manchester, in the County Palatine of Lancaster, to the Bridge at the Corn Mills at Wilmslow, in the County Palatine of Chester:" "An Act for repairing the Road from Wool Bridge to the Borough of Dorchester, in the County of Dorset:" "An Act for more effectually repairing and improving the Road from the West End of Gainsburgh Bridge to East Retford and to Gringley-on-the-Hill, in the County of Nottingham:" "An Act for maintaining the Road from Catterick Bridge, in the County of York, by the Towns of Yarm and Stockton, and through the Town of Sedgefield, to the City of Durham:" "An Act for more effectually amending, improving and maintaining the Road leading from Nantgaredig to Brechfâ, and from Brechfâ to the River Tivy, near Llanllooney Church, and also a Road from Brechfâ aforesaid to Llansawel, all in the County of Carmarthen:" "An Act for more effectually repairing and improving several Roads in the Counties of Brecon, Radnor and Glamorgan; and for making and maintaining several new Branches of Road to communicate therewith:" "An Act for more effectually maintaining and repairing several Roads from Carmarthen to Lampeterpontstephen, so far as relates to the Carmarthen District of Roads, and certain other Roads in the said County of Carmarthen:" "An Act for more effectually repairing and improving the Road from Bolton-le-Moors to Blackburn, in the County Palatine of Lancaster, with Two Branches of Road therefrom; and for making and maintaining a Branch of Road to or near the Village of Lower Darwen:" "An Act for more effectually repairing and improving the Road from or near Edenfield Chapel to Little Bolton, and the Road leading from and out of the said Road at Booth Pits to or near Bury Bridge, in the County Palatine of Lancaster; and for making and maintaining Three several Branches of Road communicating therewith:" "An Act for repairing, amending and maintaining the Road from Congleton, in the County of Chester, to a Branch of the Leek Turnpike Road at Thatchmarsh Bottom, in the Parish of Hartington, in the County of Derby, and from the Lowe to the Havannah Mills, in the said County of Chester:" "An Act for inclosing the Forest of Roach otherwise Roche otherwise Neroach otherwise Neroche in the Parishes of Broadway, Bickenhall, Beercrocombe, Ilton, Barrington, Ashill, Ilminster, Whitelackington, Curland, Donyatt, Isle-Abbotts, Hatch-Beauchamp, and the Tithing of Domett in the Parish of Buckland Saint Mary, or some or one of them, in the County of Somerset:" "An Act for dividing and inclosing certain Moss and other Grounds in the Manors and Townships of Out Rawcliffe and Middle Rawcliffe, and Stalmine with Stainall, in the Parishes of Saint Michael-upon-Wyer and Lancaster, in the County Palatine of Lancaster:" "An Act for inclosing Lands and extinguishing Tythes in the Parish of Haddenham, in the County of Buckingham:" "An Act to dissolve the Marriage of The Right Honorable Edward Baron Ellenborough with The Right Honorable Jane Elizabeth Baroness Ellenborough his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:" "An Act for naturalizing John Anthony Fructuozo." And albeit the said Acts, by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; And for as much as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the accustomed Place for giving Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; Commanding also by these Presents Our well-beloved and faithful Councillor John Singleton Lord Lyndhurst, Our Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain, to seal these Our Letters Patent with Our Great Seal of Our United Kingdom of Great Britain and Ireland; and also commanding Our most dear Brothers and faithful Councillors William Duke of Clarence, Ernest Duke of Cumberland, Augustus Duke of Sussex, Adolphus Duke of Cambridge; Our most dear Cousin and faithful Councillor William Frederick Duke of Gloucester; The Most Reverend Father in God and Our faithful Councillor William Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Councillor John Singleton Lord Lyndhurst, Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain; Our most dear Cousins and Councillors Henry Earl Bathurst, President of Our Council; James Earl of Rosslyn, Keeper of Our Privy Seal; James Duke of Montrose, Chamberlain of Our Household; George William Frederick Duke of Leeds, Master of Our Horse; William Duke of Devonshire, William Henry Duke of Portland, Arthur Duke of Wellington, Henry Marquess Conyngham, Steward of Our Household; Charles Marquess of Winchester, Groom of Our Stole; Henry Marquess of Lansdowne, Richard Marquess Wellesley, John Jeffreys, Marquess Camden, Henry William Marquess of Anglesey, John Earl of Westmorland, George Earl of Carlisle, Cropley Ashley Earl of Shaftesbury, George Earl of Aberdeen, One of Our Principal Secretaries of State; William Earl of Fitzwilliam, George John Earl Spencer, John Earl of Chatham, John Earl of Eldon, John William Earl of Dudley, Robert Viscount Melville, Henry Viscount Sidmouth, Frederick John Viscount Goderich; Our well-beloved and faithful Councillors Henry Richard Lord Holland, William Wyndham Lord Grenville, Edward Lord Ellenborough, Nicholas Lord Bexley and Charles Lord Tenterden, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to indorse the said Acts with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same, and also to enrol these Our Letters Patent, and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted and admitted good, sufficient and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding: And whereas by Our Letters Patent, bearing Date at Westminster the Third Day of February last past, We did give and grant unto the said Duke of Clarence, Duke of Cumberland, Duke of Sussex, Duke of Cambridge, Duke of Gloucester, Archbishop of Canterbury, Lord Lyndhurst, Earl Bathurst, Earl of Rosslyn, Duke of Montrose, Duke of Leeds, Duke of Devonshire, Duke of Portland, Duke of Wellington, Marquess Conyngham, Marquess of Winchester, Marquess of Lansdowne, Marquess Wellesley, Marquess Camden, Marquess of Anglesey, Earl of Westmorland, Earl of Carlisle, Earl of Shaftesbury, Earl of Aberdeen, Earl Fitzwilliam, Earl Spencer, Earl of Chatham, Earl of Eldon, Earl of Dudley, Viscount Melville, Viscount Sidmouth, Viscount Goderich, Lord Holland, Lord Grenville, Lord Ellenborough, Lord Bexley and Lord Tenterden, and any Three of them, full Power, in Our Name, to hold Our said Parliament, and to open and declare, and cause to be opened and declared, the Causes of holding the same; and to proceed upon the said Affairs in Our said Parliament, and in all Matters arising therein, and to do every thing which for Us, and by Us, for the good Government of Our said United Kingdom of Great Britain and Ireland, and of other Our Dominions belonging to Our said United Kingdom, should be therein to be done; and also, if necessary, to continue, adjourn and prorogue Our said Parliament: We do hereby further declare that Our said Letters Patent, and every Clause, Matter and Thing therein contained, shall be and remain in the same Force and Strength as if these Presents had not been had or made, and that nothing herein contained shall be deemed or taken to affect or invalidate the said recited Letters Patent, or any of the Powers or Authorities therein contained, or the Exercise thereof, or of any of them. In Witness whereof We have caused these Our Letters to be made Patent.

"Witness Ourself at Westminster, the Eighth Day of April, in the Eleventh Year of Our Reign.

"By the King Himself, signed with His own Hand.

"BATHURST."

Then The Lord Chancellor said,

"In obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

Then the Deputy Clerk of the Crown, at the Table, read the Titles of the Bills to be passed, severally, as follow; (viz ^t.)

1. "An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the Time limited for those Purposes respectively until the Twentyfifth Day of March One thousand eight hundred and thirty-one; to permit such Persons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the First Day of Hilary Term One thousand eight hundred and thirty-one; and to allow Persons to make and file such Affidavits, although the Persons whom they served shall have neglected to take out their Annual Certificates."

2. "An Act for the Relief of Parishes from the Expences of maintaining the Wives and Families of Men convicted under the Laws for the Prevention of Smuggling, and sentenced to serve His Majesty in His Naval Service."

3. "An Act for extending certain Provisions of an Act of the Eighth Year of Queen Anne, for the better Security of Rents, and to prevent Frauds committed by Tenants regarding Executions, to certain Process in Use within the County Palatine of Durham and Sadberge."

4. "An Act to enable the Commissioners of the Harbour of Ardglass, in the County of Down, to make Contracts for Works, and to borrow Money for the Improvement of the said Harbour."

5. "An Act for the better Regulation of the Affairs of the joint Parishes of Saint Giles in the Fields and Saint George Bloomsbury, in the County of Middlesex, and of the separate Parishes of Saint Giles in the Fields and Saint George Bloomsbury, in the same County."

6. "An Act for maintaining and governing the Harbour of Axmouth, and Works connected therewith, in the Parish of Axmouth, in the County of Devon."

7. "An Act for paving, lighting, watching, cleansing and otherwise improving Brunswick Square and Brunswick Terrace, and certain Streets and other Public Places upon certain Grounds late Part of a Farm called the Wick Farm, in the Parish of Hove, in the County of Sussex."

8. "An Act to amend and alter Two several Acts passed in the Sixth and Tenth Years of the Reign of His present Majesty, for making and constructing certain Wet Docks, Warehouses and other Works in the Parish of Saint Botoph without Aldgate, and in the Parish or Precinct of Saint Katharine near the Tower of London, in the County of Middlesex; and for enlarging and extending the Powers and Provisions of the said Acts."

9. "An Act for better lighting with Gas the Town of Swansea, in the County of Glamorgan."

10. "An Act for extending and amending the several Acts relating to the Docks and Harbour of Liverpool."

11. "An Act for the better Paving and Sewerage of the Town of Liverpool, in the County Palatine of Lancaster; and for settling the Boundaries between the said Town and the Township of Kirkdale and Parts of the Townships of Everton and West Derby."

12. "An Act for more effectually repairing and maintaining the Road from New Chappel, in the County of Surrey, to Ditcheling Bost Hills, in the County of Sussex, and from thence to the Town of Brighthelmston, in the same County; and also for making and maintaining a Branch of Road from the Town of Ditcheling to Clayton, in the County of Sussex."

13. "An Act for more effectually repairing and improving the Roads from the Town of Malmesbury to Copped Hall Turnpike, Sutton Benger Church and Dauntsey Gate, in the County of Wilts."

14. "An Act for making and maintaining a Turnpike Road from Pickford Brook, in the Parish of Allesley, in the County of Warwick, to Canwell Gate, in the County of Stafford."

15. "An Act for more effectually repairing, amending, widening and improving the Road from the West Cowgate, near Newcastle-upon-Tyne, to the Alemouth Turnpike Road, in the County of Northumberland; and for making and maintaining other Roads communicating therewith."

16. "An Act for repairing the Road from Wakefield to Sheffield, in the County of York."

17. "An Act for more effectually repairing and improving the Road from Chorlton Row, near Manchester, in the County Palatine of Lancaster, to the Bridge at the Corn Mills at Wilmslow, in the County Palatine of Chester."

18. "An Act for repairing the Road from Wool Bridge to the Borough of Dorchester, in the County of Dorset."

19. "An Act for more effectually repairing and improving the Road from the West End of Gainsburgh Bridge to East Retford, and to Gringley-on-the-Hill, in the County of Nottingham."

20. "An Act for maintaining the Road from Catterick Bridge, in the County of York, by the Towns of Yarm and Stockton, and through the Town of Sedgefield, to the City of Durham."

21. "An Act for more effectually amending, improving and maintaining the Road leading from Nantgaredig to Brechfâ, and from Brechfâ to the River Tivy, near Llanllooney Church, and also a Road from Brechfâ aforesaid to Llansawel, all in the County of Carmarthen."

22. "An Act for more effectually repairing and improving several Roads in the Counties of Brecon, Radnor and Glamorgan; and for making and maintaining several new Branches of Road to communicate therewith."

23. "An Act for more effectually maintaining and repairing several Roads from Carmarthen to Lampeterpontstephen, so far as relates to the Carmarthen District of Roads, and certain other Roads in the said County of Carmarthen."

24. "An Act for more effectually repairing and improving the Road from Bolton-le-Moors to Blackburn, in the County Palatine of Lancaster, with Two Branches of Road therefrom; and for making and maintaining a Branch of Road to or near the Village of Lower Darwen."

25. "An Act for more effectually repairing and improving the Road from or near Edenfield Chapel to Little Bolton, and the Road leading from and out of the said Road at Booth Pits to or near Bury Bridge, in the County Palatine of Lancaster; and for making and maintaining Three several Branches of Road communicating therewith."

26. "An Act for repairing, amending and maintaining the Road from Congleton, in the County of Chester, to a Branch of the Leek Turnpike Road at Thatchmarsh Bottom, in the Parish of Hartington, in the County of Derby, and from the Lowe to the Havannah Mills, in the said County of Chester."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (viz ^t.)

"Le Roy le veult."

27. "An Act for inclosing the Forest of Roach otherwise Roche otherwise Neroach otherwise Neroche, in the Parishes of Broadway, Bickenhall, Beercrocombe, Ilton, Barrington, Ashill, Ilminster, Whitelackington, Curland, Donyatt, Isle-Abbotts, Hatch Beauchamp and the Tithing of Domett, in the Parish of Buckland Saint Mary, or some or one of them, in the County of Somerset."

28. "An Act for dividing and inclosing certain Moss and other Grounds in the Manors and Townships of Out Rawcliffe and Middle Rawcliffe, and Stalmine with Stainall, in the Parishes of Saint Michael-upon-Wyer and Lancaster, in the County Palatine of Lancaster."

29. "An Act for inclosing Lands and extinguishing Tythes in the Parish of Haddenham, in the County of Buckingham."

30. "An Act to dissolve the Marriage of The Right Honorable Edward Baron Ellenborough with the Right Honorable Jane Elizabeth Baroness Ellenborough his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

31. "An Act for naturalizing John Anthony Fructuozo."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (viz ^t.)

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Sir J. Murray et al. v. Howell et al.

Upon reading the Petition and Appeal of Sir John Murray of Brixton, in the County of Surrey, Baronet; Emily Ferguson Coppinger, formerly Emily Ferguson Murray, of Kennington, in the same County, Widow; and Henry Rumsey of Chesham, in the County of Bucks, Gentleman, and Frances Catherine Rumsey, formerly Frances Catherine Murray, his Wife; complaining of an Order of the Court of Chancery of the 16th of January 1830; and praying, "That the same may be reversed, altered or varied, 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 Edwin Samuel Harvey Howell and Catherine Emily his Wife, Ferdinand Williamson and Frances his Wife, Hester Russell, William John Denne, Robert Ballard Long, Bingham Richards and Francis Pelly may be required to answer the said Appeal:"

It is Ordered, That the said Edwin Samuel Harvey Howell, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 22d Day of this instant April; and Service of this Order upon the said Respondents, or upon the Solicitor or Agent in the said Cause, shall be deemed good Service.

Fraser v. Fraser.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Archibald Thomas Frederick Fraser Esquire is Appellant, and Thomas Alexander Fraser Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Duffy v. Orr et al. Petition of Two Respondents for Time to lodge their Cases, referred to Appeal Com ee.

Upon reading the Petition of Robert Orr and John Duffy, Two of the Respondents in a Cause depending in this House, to which Cornelius Duffy is Appellant; praying their Lordships, "That they may be allowed Six Weeks further Time from the 14th of April instant to lodge their respective Cases with the Clerk of the Parliaments:"

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.

Berkeley Peerage, Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of William Fitzhardinge Berkeley to His Majesty, praying, "That His Majesty will be pleased to direct that a Writ of Summons to attend in Parliament be addressed to the Petitioner by the Style, Title and Dignity of Baron Berkeley of Berkeley," together with His Majesty's Reference thereof to this House, and the Report of the Attorney General thereunto annexed, stands referred, do meet to consider further of the said Claim on Wednesday the 5th of May next; and that Notice thereof be given to His Majesty's Attorney General.

Tanjore Com rs Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue an Act of the Fifth Year of His present Majesty, for enabling the Commissioners acting in Execution of an Agreement made between The East India Company and the private Creditors of the late Rajah of Tanjore the better to carry the same into Effect."

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

It was resolved in the Affirmative.

Radstock Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually repairing and otherwise improving several Roads from Radstock to Buckland Dinham, Kilmersdon, Babington and Hallastrow, and from Norton Down to Norton Saint Philip, in the County of Somerset."

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

It was resolved in the Affirmative.

Merlin's Bridge Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for improving and maintaining the Road from Merlin's Bridge to Pembroke Ferry, in the County of Pembroke."

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 3 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Sir Giffin Wilson and Mr. Eden;

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

Carmichael et al. v. Willson et e con.

The House (according to Order) proceeded to take into further Consideration the Cause wherein Jane Carmichael, and others, are Appellants, and Thomas Willson Esquire is Respondent, et e contra.

And Consideration being had thereof accordingly;

Ordered, That the further Consideration of the said Cause be put off to the Second Sitting Day after the Recess at Easter.

Campbell v. Macfarlane et al:

The House proceeded to take into further Consideration the Cause wherein Alexander Campbell junior, Esquire, is Appellant, and William Macfarlane, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel on Tuesday the 23d Day of February last, upon the amended Petition and Appeal of Alexander Campbell junior, Esquire, Writer in Glasgow, One of the Depute Clerks to His Majesty's Justices of the Peace for the County of Dumbarton; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 6th of March and the 19th of May 1827; and praying, "That the same might be reversed, varied or altered, 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 William Macfarlane, Farmer at North Bankend, of Donovan, in the Parish of Dunipace and County of Stirling, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Cause remitted with Directions, & with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause be remitted back to the Court of Session, with Directions to recall so much of the Interlocutor of the 6th of March 1827, complained of in the said Appeal, as suspends the said Alexander Campbell from the Office of Depute Clerk of the Peace of the County of Dumbarton, and prohibits and discharges him from exercising any of the Duties or drawing any Part of the Emoluments of the said Office, and ordains the Deliverance to be inserted in the Books of Sederunt: And it is further Ordered, That the Appellant do pay or cause to be paid to the said Respondent the Sum of Two hundred and sixty-nine Pounds for his Costs in respect of the said Appeal: And it is Declared, That this House awards such Costs in lieu of such Suspension.

Shoreham Bridge & Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road from Brighton to Shoreham, for building a Bridge over the River Adur at New Shoreham, and for making a Road to Lancing, and a Branch Road therefrom, all in the County of Sussex."

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

Their Lordships, or any Five of them, to meet on Monday the 3d of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Kennedy's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest a Part of the Entailed Estate of Dunure and others, in the County of Ayr, in Trustees in Fee-Simple, for the Purpose of disposing of or applying the Lands so vested, or the Price thereof, or the Securities to be granted thereon, towards satisfying the Debts contracted for Money laid out in the Improvement of the said Entailed Estate."

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 Third Sitting Day after the Recess at Easter, at the usual Time and Place; and to adjourn as they please.

20th Report on Charities delivered.

The Earl of Shaftesbury laid before the House, pursuant to an Address to His Majesty of Monday last,

"The Twentieth Report of the Commissioners for enquiring concerning Charities."

And the Title thereof being read by the Clerk;

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

Ordered, That the said Report be printed.

18th Report of Com rs of Ecclesiastical Enquiry in Ireland, &c. delivered.

The Earl of Shaftesbury also laid before the House, pursuant to an Address to His Majesty of the 25th Day of March last,

"A Copy of the Eighteenth Report made by the Commissioners appointed to enquire into the Duties, Salaries and Emoluments of the Officers, Clerks and Ministers of Justice, in all Temporal and Ecclesiastical Courts in Ireland:"

And also, "A Copy of a Deposition forwarded to the Commission of Judicial Enquiry by Sir Jonah Barrington, Judge of the Court of Admiralty in Ireland."

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Report and Paper be printed.

Clifton Bridge Bill referred to Judges.

Ordered, That the Consideration of the Bill, intituled, "An Act for building a Bridge over the River Avon from Clifton, in the County of Gloucester, to the opposite Side of the River, in the County of Somerset, and for making convenient Roads and Approaches to communicate therewith," be, and is hereby referred to Mr. Baron Garrow and Mr. Justice Gaselee, who are forthwith to summon all Parties concerned therein, and after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Spirits Licences, Petition of J. Sparrow, respecting.

Upon reading the Petition of Joseph Sparrow, a Freeman of the City of London, and a Liveryman of the Worshipful Company of Vintners; complaining of the Laws prohibiting Spirit Merchants from selling less than Two Gallons of Spirits or Cordials; and praying their Lordships "to grant him such Relief as in their Wisdom they may see fit:"

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

Dundee Gas Light Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for incorporating the Dundee Gas Light Company, and for the better lighting the Town of Dundee by Gas," 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."

Wootton Bassett Road Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing the Road from Wootton Bassett, in the County of Wilts, to the Two-Mile Stone, in the Turnpike Road leading from Swindon to Marlborough, in the said County," was committed.

Four per Cents. Bill.

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

With a Bill, intituled, "An Act for transferring certain Annuities of Four Pounds per Centum per Annum into Annuities of Three Pounds and Ten Shillings or Five Pounds per Centum per Annum;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

East Retford Witnesses Indemnity Bill.

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

To return the Bill, intituled, "An Act to indemnify Witnesses who may give Evidence, before the Lords Spiritual and Temporal, on a Bill to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Haymarket Removal Bill.

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

With a Bill, intituled, "An Act for removing the Market at present held for the Sale of Hay and Straw from the Haymarket, and for establishing Markets for the Sale of Hay, Straw and other Articles in York Square, Clarence Gardens, and Cumberland Market, in the Parish of Saint Pancras, in the County of Middlesex;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Caxton Inclosure Bill.

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

With a Bill, intituled, "An Act for inclosing and exonerating from Tithes Lands in the Parish of Caxton, in the County of Cambridge;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Accounts delivered:

The House being informed, "That Mr. Tomlins, from the Treasury, attended;"

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

Superannuation Allowances:

"An Account of the Total Annual Amount of the several Superannuation Allowances granted subsequently to the 5th July 1822, under the Provisions of the Act 3d George 4th, C. 113, in the Public Departments of the United Kingdom, which remained payable on the 5th January 1829; the Annual Amount which ceased in the Course of the Year ended 5th January 1830; the Annual Amount which was granted in the Course of the Year ended the 5th January 1830; and the Total Amount remaining payable on the 5th January 1830."

Mr. Tomlins also delivered at the Bar, pursuant to Orders of the 25th and 29th Days of March last,

Surveys on Edinburgh & Port Patrick Roads:

"An Account of the Amount of all Sums of Money paid for Surveys relating to the Roads between London and Edinburgh and London and Port Patrick, under the Authority of His Majesty's Government and the Postmaster General:"

Wheat imported into Liverpool from Ireland: Wheat in Bond.

Also, "An Account of the Weekly Imports into the Port of Liverpool of Wheat from Ireland or Coastwise, from 5th July 1828 to 5th January 1830:"

And also, "An Account of the Quantity of Foreign and Colonial Wheat remaining under Bond in Warehouse on 5th January 1828; of the Quantity entered for Home Consumption between 5th January 1828 and the 5th January 1830; the Quantity re-exported in the same Period; and the Quantity remaining in Bond in Warehouse on 5th January 1830."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Ordered, That the Three last-mentioned Accounts be printed.

Resolutions of The East India Co. granting Pensions, &c. delivered, & referred to East India Com ee.

The House being informed, "That Mr. Preston, from the Court of Directors of The East India Company, attended;"

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

"Resolutions of the Court of Directors of The East India Company, being the Warrants or Instruments granting any Salary, Pension or Gratuity."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Ordered, That the said Paper be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Report of H.C. on Irish & Scottish Vagrants to be printed.

Ordered, That the Report made from the Select Committee, appointed by the House of Commons in Session 1828, on the Laws relating to Irish and Scottish Vagrants, communicated to the House on the 25th Day of March last, be printed.

Roads from Carrickmacross & Castleblaney to Dundalk, Petition from Louth against establishing Turnpikes on, & respecting Grand Jury Laws.

Upon reading the Petition of the Landholders and other Inhabitants of the County of Louth, Ireland, whose Names are thereunto subscribed; praying their Lordships "to reject the Bill or Bills for establishing Turnpikes or Toll Bars on the Roads leading from Carrickmacross and Castleblaney to Dundalk, as unnecessary, unjust and expensive; but should their Lordships, contrary to Petitioners Expectations, refer the said Bill or Bills to a Committee, then that the Petitioners may be heard by their Agent and Counsel against the Provisions of the same;" and further praying their Lordships "to take into Consideration the present imperfect State of the Grand Jury Laws, to the Effect that the many Abuses which exist in the present System may be removed; and that their Lordships will be pleased in particular to pass a Law rendering it imperative on Grand Juries to advertise, in a Newspaper published in the County or next Town thereto, for Tenders to make and keep in repair the Roads in the different Counties in Ireland from Year to Year; and that such Contractors be obliged under the said Law to give good Security for the due Performance of their several Contracts under stipulated Penalties, and that their Lordships will be pleased to abolish the System of Presentments altogether:"

It is Ordered, That the said Petition be received only as to the general Relief prayed for by the Petitioners, the Bill mentioned in the said Petition not being yet before the House.

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

Annandale Peerage, Comee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of John James Hope Johnstone of Annandale, Esquire, to His Majesty, claiming the Titles, Honors and Dignity of Earl of Annandale and Hartfell, Viscount Annan and Baron Johnstone, with His Majesty's Reference thereof to this House, stands referred, do meet to consider further of the said Claim on Wednesday the 12th of May next; and that Notice thereof be given to His Majesty's Attorney General and The Lord Advocate for Scotland.

Duffy v. Orr et al. Appellant's Petition for Time for his Case, & to amend Appeal, referred to Appeal Comee.

Upon reading the Petition of Cornelius Duffy, Appellant in a Cause depending in this House, to which Robert Orr, and others, are Respondents; praying their Lordships, "That he may be allowed One Month's further Time, from the 14th Day of April instant, to lodge his Case with the Clerk of the Parliaments, or such other Time as their Lordships may be pleased to grant to the said Respondents Robert Orr and Cornelius Duffy; and that the Petitioner may be allowed to amend his Petition of Appeal by striking out the Name of Patrick Byrne as a Respondent thereto, it having been introduced in the Prayer of the said Petition of Appeal by Mistake:"

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.

East India Comee, 2d Report of Evidence.

The Viscount Strathallan reported further Minutes of Evidence taken before the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China, up to the 30th Day of March last inclusive.

The said Evidence was read by the Clerk.*

Hindoo Widows, Petitions against the Practice of burning, & for Extension of Christian Knowledge in India, referred to East India Com ee (Blackburn:)

Upon reading the Petition of the Persons, whose Names are thereunto subscribed, Females of the Town of Blackburn, in the County of Lancaster; praying their Lordships "speedily to adopt such Measures as shall be deemed most expedient for the Suppression of the Practice in His Majesty's Asiatic Possessions of burning Widows on the Funeral Piles of their Husbands, and of Indian Mothers murdering their infant Offspring, which they consider not only revolting to every Human and Christian Feeling, but dishonorable to the Government by which they are sanctioned:"

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

Ordered, That the said Petition be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Clayton St. Chapel, Blackburn:

Upon reading the Petition of the Members of the Congregation of Wesleyan Methodists, assembling in Clayton Street Chapel, Blackburn, whose Names are thereunto subscribed:

Mount St. Chapel, Blackburn.

And also, Upon reading the Petition of the Members of the Church and Congregation assembling for Divine Worship in Mount Street Chapel, Blackburn, whose Names are thereunto subscribed; severally praying their Lordships, "That such Measures may be adopted as will effectually put a Stop to the burning of Widows, the Destruction of Infants by their Parents, and the Perpetration of Murder in every other Form throughout His Majesty's Asiatic Possessions; and that in such Measures as may be deemed advisable to regulate the future Intercourse of British Subjects with India and China, nothing may be done which shall in any Degree restrain the Efforts of Christian Enterprize in conveying the Knowledge of Christianity to the Natives of China; and that every possible Facility may be granted to its peaceable Spread in every Part of the British Dominions in India:"

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

Ordered, That the said Petitions be referred to the last-mentioned Committee.

Criminal Laws, Petition from Woburn for Revision of.

Upon reading the Petition of the Inhabitants of the Town of Woburn and its Vicinity, whose Names are thereunto subscribed; praying, "That their Lordships will please to make such Revision and Alteration of the Penal Laws of this Country as may seem good to their Lordships, and prove both more adapted to the Ends of Legislation and more conformable to the Dictates of Humanity and Mercy:"

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

Sir G. Chetwynd et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Sir George Chetwynd Baronet, 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.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Parts of the Real Estates devised by the Will of John Williams Esquire, deceased, in the County of Stafford, in Trustees, in Trust to carry into Execution a Contract entered into for Sale thereof, and to apply the Money arising from such Sale in Manner therein mentioned."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum sextum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.