House of Lords Journal Volume 64: 29 June 1832

Die Veneris, 29° Junii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Sir G. Clerk et al. v. Dr. Adam et al.

The Answer of Doctor Walter Adam, only Son and Representative of Alexander Adam, Doctor of Laws, late Rector of the High School of Edinburgh, deceased, to the Petition and Appeal of Sir George Clerk of Pennycuick, Baronet, and others, was this Day brought in.

Blake v. Boyle & Nixon.

As was also, The Answer of Alexander Boyle Esquire and The Reverend Alexander Nixon Clerk, to the Petition of Appeal of Xaverius Blake Esquire, on behalf of himself and Walter Blake the younger, his Son, a Minor, Appellants.

E. of Strathmore et Ux. v. Ewing:

The House (according to Order) proceeded to take into further Consideration the Cause wherein Thomas Bowes Earl of Strathmore and Marianne Countess of Strathmore his Wife are Appellants, and William Ewing is Respondent:

And Consideration being had thereof accordingly;

The following Order and Judgment was made:

Whereas Yesterday was appointed for hearing the Cause ex-parte, upon the Petition and Appeal of The Right Honorable Thomas Bowes Earl of Strathmore and Marianne Countess of Strathmore his Spouse, and the said Earl for himself and his Interest; complaining of Three Interlocutors of the Lords Ordinary in Scotland, of the 2d March 1824, 17th June 1824 and 10th July 1824; and also of Five Interlocutors of the Lords of Session there, of the Second Division, of 23d November 1824 and 13th December 1825, 14th June 1826, 24th January 1827 and 8th February 1828; and praying, "That the same might be revised, varied, altered or amended, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" to which Appeal William Ewing had not put in his Answer, though peremptorily ordered so to do; Counsel were accordingly called in, and heard to state and argue the Case on behalf of the Appellants, and having prayed a Reversal of the Interlocutors complained of, the Counsel were directed to withdraw; and due Consideration had this Day of what was offered for the Appellants in this Cause:

Interlocutors, in Part, Reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Interlocutors complained of in the said Appeal, in so far as the same have relation to the Appellant The Earl of Strathmore, be, and the same are hereby Affirmed, and that the said Appeal be, and the same is hereby in so far dismissed this House: And it is further Ordered and Adjudged, That in so far as the said Interlocutors have relation to the Appellant The Countess of Strathmore, or her separate Estate, such Interlocutors be, and the same are hereby Reversed.

Cranstoun et al. v. Bontine.

After hearing Counsel fully in the Cause wherein Thomas Cranstoun, and others, are Appellants, and Robert Cunninghame Bontine Esquire is Respondent:

It is Ordered, That the further Consideration of the said Cause be put off to Thursday next.

D. of Hamilton v. Aikman.

Ordered, That the Hearing of the Cause wherein Alexander Duke of Hamilton and Brandon is Appellant, and George Robertson Aikman Esquire is Respondent, which stands appointed for this Day, be put off to Thursday next.

Mrs. Moffat's Divorce Bill.

Ordered, That the Bill, intituled, "An Act to dissolve the Marriage of Frances Moffat with William Palmer Moffat Esquire, and to enable her to marry again," be taken into further Consideration on Monday next; and that the Lords be summoned; and that Mrs. Moffat do then attend.

D. of Argyll, & Selkrig, v. Mac Alister & Kelso.

Ordered, That the Cause wherein George William Duke of Argyll and Charles Selkrig Esquire are Appellants, and Alexander Mac Alister Esquire and Archibald Kelso are Respondents, be heard by Counsel at the Bar on Thursday next.

Sir G. Clerk et al. v. Dr. Adam et al.

Ordered, That the Cause wherein Sir George Clerk Baronet, and others, are Appellants, and Doctor Walter Adam, and others, are Respondents, be heard by Counsel at the Bar on Monday next.

Hunter & Campbell v. Duff et al.

Ordered, That the Cause wherein Archibald Hunter Esquire and David Campbell are Appellants, and Lieutenant General Alexander Duff, and others, are Respondents, be heard by Counsel at the Bar on Monday next.

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

Reform (Ireland) Bill, Petition from Clonmel for a larger Number of Representatives.

Upon reading the Petition of the Independent Club and other Inhabitants of the Borough of Clonmel, in the County of Tipperary, whose Names are thereunto subscribed; praying their Lordships "to accord a larger Number of Representatives to Ireland, faithfully to protect her Interests; and further, that, however the Elective Qualification in the Right of voting in Cities and Boroughs may be reduced from Ten Pounds to Seven, that it may not be raised above the former Amount in the proposed Reform Bill for Ireland:"

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

London & Birmingham Railway Bill, Petitions against, referred to the Com ee.

Upon reading the Petition of the Trustees for executing the Acts therein mentioned, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Mortgagees of Tolls on the Roads therein mentioned, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for making a Railway from London to Birmingham;" and severally praying their Lordships, "That they may be heard by themselves, their Counsel, Agents and Witnesses against so much of the Preamble of the said Bill as affects them, and such of the Provisions by which they are aggrieved; and that the same may not pass into a Law as it now stands:"

It is Ordered, That the said Petitions be referred to the Committee to whom the said Bill stands committed, and that the Petitioners be at liberty to be heard by themselves, their Counsel, Agents and Witnesses against the same, as desired.

West India Colonies & Slaves, Papers respecting, delivered.

The Viscount Goderich laid before the House, pursuant to Addresses to His Majesty of the 8th, 18th and 22d of this instant June,

"Copies of all Communications from Jamaica relating to the Trial of George Ancle and Samuel Swiney, Negro Slaves, for certain alleged Offences relating to Religious Worship:"

Also, "Communications relating to the Adoption or Rejection of a Law for abolishing the Practice of punishing Females by the Whip:"

Also, "Copy of the Dispatch from Lord Goderich to The Earl of Belmore, dated November 1, 1831:"

And also, "Report of the Committee of the House of Assembly in Jamaica appointed to enquire into the Cause of and the Injury sustained by the recent Rebellion in that Colony, together with the Examinations on Oath, Confessions and other Documents thereto annexed."

The Viscount Goderich also laid before the House, pursuant to Orders of the 17th of April and 8th of May last,

"Copy of any Report or Reports from The Bishop of Jamaica, or of any other Information in the Possession of the Government, shewing the Means furnished by that Colony for the Religious Instruction of the Coloured and Slave Population, the Number of Churches, Chapels and other Places of Worship, and of the Rectors, Curates and Catechists and Schools therein:"

Also, "Copies of all Laws passed by the several Colonial Legislatures for the Removal of the Disabilities of the Free Persons of Colour, passed during the last Six Years:"

Also, "Copy of a Report of the House of Assembly of Jamaica, and of the Examinations on Oath thereto annexed, taken by a Committee of that House in 1815, appointed to take into Consideration a Bill for effectually preventing the unlawful Importation of Slaves, and the holding Free Persons in Slavery, in the British Colonies:"

And also, "Copy of a Report and Examination on Oath before a Committee of the House of Assembly of Jamaica, in 1825, on a Bill to admit the Evidence of Slaves in certain Cases."

And the Titles thereof being read by the Clerk;

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

Ordered, That the Five first-mentioned Papers be printed.

Precious Metals raised in America & Russia, Returns respecting, delivered.

The Viscount Goderich also laid before the House, pursuant to an Address to His Majesty of the 30th of March 1830,

"Returns from the British Diplomatic and Consular Agents in the several Mining Countries of America and in Russia, relative to the Precious Metals which have been of late Years raised, coined, &c. in those Countries;" together with a List thereof.

Which List was read by the Clerk as follows; (vizt.)

"Mexico.

"No. 1.-Richard Pakenham Esq. to Viscount Palmerston; Mexico, 1st March 1831."

"Enclosure 1. Statement of the Coinage of Gold and Silver in all the Mints of Mexico, 1790 to 1829."

"2. Return of the Gold and Silver Coinage, &c. in the Mint of the City of Mexico, 1790 to 1829."

"3. Statement of the Gold and Silver imported into Mexico, 1825."

"4. Statement of the Gold and Silver exported from Mexico, 1790 to 1829."

"5. Abstract of the Coinage in all the Mints of Mexico, 1821 to 1829."

"6. Statement of the Amount of the Gold and Silver Coinage in all the Mints of Mexico, arising from the Produce of the Mexican Mines, 1825 to 1829."

"7. Gross Return of the Gold and Silver Coinage of Mexico, 1825 to 1829."

"8. Statement of the Total Amounts of Foreign Importations, and of Exportations of Specie, Bullion and Produce to Foreign Countries, 1825 to 1829."

"9. Result of the Importations and Exportations of the Eastern and Western Ports of Mexico, 1825 to 1829."

"No. 2.-Richard Pakenham Esq. to John Backhouse Esq. Mexico, 3d May 1831."

"Guatemala.

"No. 3.-Mr. Consul Dashwood to John Backhouse Esq. Guatemala, 3d March 1831."

"Colombia.

"No. 4.-Mr. Consul Wall to The Earl of Aberdeen; Puerto Cabelto, 20th Sept. 1830."

"No. 5.-Mr. Consul M'Gregor to The Earl of Aberdeen; Panama, 20th December 1830."

"Enclosure 1. Account of the Quantity of Gold Dust presented at the Treasury of Panama, and exported out of the Isthmus, 1790 to 1810."

"2. Statement of Gold Dust exported by way of Panama, 1816 to 1830."

"No. 6.-Mr. Consul Cope to The Earl of Aberdeen; Guayaquil, 6th August 1830."

"Chile.

"No. 7.-Mr. Consul Carter to The Earl of Aberdeen; Valparaiso, 15th January 1831."

"No. 8.-Mr. Vice-Consul White to The Earl of Aberdeen; Valparaiso, 28th July 1831."

"Enclosure 1. Comparative Account of Gold and Silver raised and stamped at the Mint in Chile, and exported, 1790 to 1830."

"2. Ditto - - ditto - in the Province of Coquimbo, 1790 to 1830."

"3. Ditto - - ditto - and Copper in ditto, 1831."

"4. Account of Silver sent to the Mint of Santiago, from the Mines, 1790 to 1819."

"5. Account of the Gold and Silver stamped at the Mint of Santiago, 1808 to 1830."

"No. 9.-Mr. Acting Consul Ross to John Bidwell Esq. Coquimbo, 25th October 1831."

"Enclosure. Account of the Gold, Silver and Copper exported from Coquimbo, 1831."

"Buenos Ayres.

"No. 10.-Woodbine Parish Esq. to Viscount Palmerston; Buenos Ayres, 30th June 1831."

"Enclosure 1. Return of Silver which passed through the Mint of Potosi, 1788 to 1807."

"2. Return of Silver purchased by the Bank in Potosi, 1788 to 1807."

"3. Return of Gold which passed through the Mint of Potosi, 1788 to 1807."

"4. Return of Silver which passed through the Bank of Potosi, 1807 to 1826."

"5. Return of the Gold and Silver exported from Buenos Ayres, 1822 to 1826."

"Monte Video.

"No. 11.-Mr. Consul Hood to Viscount Palmerston; Monte Video, 29th May 1831."

"Enclosure. Account of Specie exported from Monte Video, 1803 to 1817."

"Russia.

"No. 12.-Consul-General Sir Daniel Bayley to The Earl of Aberdeen; St. Petersburgh, 9th July 1330."

"Enclosure 1. Return of the Gold, Silver and Platina raised from the Mines of Russia, 1820 to 1829."

"2. Results of ditto, calculated in English Pounds, 1820 to 1829."

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

Ordered, That the said Returns be printed.

Sunderland Dock Bill, Petition against, referred to the Com ee.

Upon reading the Petition of the Persons whose Names are thereunto subscribed, being the Whole of the Wholesale Wine and Brandy Merchants residing at Sunderland and Bishop Wearmouth, in the County of Durham; taking notice of a Bill depending in this House, intituled, "An Act for making and maintaining a Wet Dock on the North Side of the River Wear, at or near the Entrance of the Port of Sunderland, in the County Palatine of Durham;" and praying their Lordships, "That the same may not pass into a Law as it now stands, but that the Petitioners may be heard by Counsel, Agents and Witnesses against such Parts of the said Bill as may affect them:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, and that the Petitioners be at liberty to be heard by their Counsel, Agents and Witnesses against the same, as desired.

Marqs of Londonderry's et Ux. Petition referred to Judges.

Upon reading the Petition of The Most Honorable Charles William Vane Marquis of Londonderry and The Most Honorable Frances Anne Vane Marchioness of Londonderry his Wife, on behalf of themselves and The Honorable George Henry Robert Charles Vane commonly called Viscount Seaham and The Honorable Adolphus Frederick Charles William Stewart Vane, their only Sons, and The Honorable Frances Anne Emily Vane, The Honorable Alexandrina Octavia Maria Vane and The Honorable Adelaide Caroline Vane, their only Daughters; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice James Parke and Mr. Baron Bolland, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Mail between Dublin & Londonderry, Petition of certain Persons to restore.

Upon reading the Petition of the Persons whose Names are thereunto subscribed; praying their Lordships, "That the Conveyance of the Mail between Dublin and Londonderry, which has for above Thirty Years led to a Confidence in Communication, and a consequent Impulse to the Trade and Commercial Dealings of the Towns of Ardee and Collon, and of a very populous and highly cultivated Country, may be restored:"

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

Crawfurd Peerage, Leave to Claimant to lodge his Case.

Upon reading the Petition of John Lindsay Crawfurd of the City of Edinburgh, Esquire; praying their Lordships, "That Leave may be given him to lay upon the Table of this House his printed Case, Pedigree, and Proofs in support of his Claim to the Titles, Honors and Dignities of Earl of Crawfurd and Lindsay, Viscount of Garnock and Lord Parbroath:"

It is Ordered, That Leave be given to the Petitioner to lay on the Table his printed Case, Pedigree, and Proofs in support of his said Claim, as desired.

Patzeker's Naturalization Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Edward Patzeker," 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."

Ordered, That the said Bill be ingrossed.

Cork Hospital Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for uniting the Funds of the North and South Charitable Infirmaries of the City of Cork, and for establishing in lieu of such Infirmaries One general Hospital for the said City," 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."

Ld. Willoughby de Eresby's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Estates in the County of Sussex devised by a Codicil to the Will of The Right Honourable Peter late Lord Gwydir, deceased, in Trustees, upon Trust to sell the same, and for laying out the Residue of the Monies arising from such Sale, after Payment thereout of a Charge affecting the same Estates, in the Purchase of other Estates, to be settled to the same Uses."

Then several Amendments were made to the said Bill.

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. Cross and Mr. Farrer;

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

Post Office Conveyance, (Ireland,) Papers respecting, Ordered.

Ordered, That there be laid before this House, "Copies of all Communications made to the Post Office, since the 1st of January 1831, respecting the Conveyance of the Mail between Dublin and Londonderry:"

And also, "Copies of all Contracts entered into by the Post Office for the Conveyance of the Mail between Dublin and Londonderry, as also between Dublin and Belfast, and which have not as yet expired; together with Copies of such Contracts as would have been in force at the present Moment had such Contracts not been surrendered."

Divisions of Counties Bill, Petition from Newport for like Privileges as granted to Barnstaple.

Upon reading the Petition of the Inhabitant Householders of the Borough of Newport, adjoining the Town of Barnstaple, in the County of Devon, whose Names are thereunto subscribed; stating, "That under the Provisions of the Reform Act the Constituency of the Borough of Barnstaple will be much diminished, which induces them to pray their Lordships to take into Consideration the Propriety and Justice of granting to the Inhabitant Householders of the Borough of Newport, which is closely connected with the Borough of Barnstaple by every possible Interest, and forms Part of the Suburbs thereof, the like Privileges with respect to the Elective Franchise as have been granted to the Inhabitant Householders of the Borough of Barnstaple:"

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

Divisions of Counties Bill, Petition from Walsall to restore it as the Place of Election.

Upon reading the Petition of the Mayor, Corporation, Clergy and Inhabitants of the Borough of Walsall, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs, in England and Wales, in so far as respects the Election of Members to serve in Parliament;" and praying their Lordships, "That the Town of Walsall may be restored to the said Bill as the Place where the Election of the Members for the South Division of the County of Stafford will be held:"

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

Divisions of Counties Bill, Petition from Southern Division of Salop that Shiffnal may be the Place of Election.

Upon reading the Petition of the Freeholders, Leaseholders and other Inhabitants entitled to vote for the Election of Knights for the Shire of the intended Southern Division of the County of Salop, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That the Town of Shiffnal may be named as the Place for holding the Court for the Election of Knights of the Shire for the said Division, that Town being more eligible for holding the said Court, as lying in the Centre of a densely populated Part of the Country, being a considerable Market Town, having good Inns, and lying on the great Holyhead Road from London to Shrewsbury, and on that account having an easy and ready Communication with the County Town of Salop:"

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

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Jury (India) Bill, Correspondence respecting, delivered.

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 an Order of Wednesday last,

"Copy of Correspondence between the Directors of The East India Company and the Commissioners for the Affairs of the East Indies on the India Jury Bill."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Clark v. Sim.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Charles Clark is Appellant, and James Sim 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.

London & Birmingham Railway Bill, Petition in favor of, referred to the Com ee:

Upon reading the Petition of the Freeholders, Leaseholders and Inhabitant Householders, Merchants, Bankers, Manufacturers and Traders within the Town of Birmingham and its Vicinity, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for making a Railway from London to Birmingham;" and praying their Lordships, "That the same may pass into a Law:"

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

Evidence thereon to be printed.

Ordered, That the Evidence taken from Time to Time before the Committee to whom the last-mentioned Bill stands committed be printed.

Reform (Scotland) Bill, Petition from Leven respecting.

Upon reading the Petition of the Inhabitants of the Town of Leven, (and its Vicinity,) Fifeshire, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to amend the Representation of the People in Scotland;" and praying their Lordships "to pass the same without the Insertion of the Clause enacting that no Person shall be qualified to represent any Burgh who may not be in Possession of Heritable Property to the Extent of Three hundred Pounds per Annum:"

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

Trespasses (Scotland) Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effectual Prevention of Trespasses upon Property by Persons in Pursuit of Game in that Part of Great Britain called Scotland."

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 Tuesday next.

Ossett Soke Corn Mills Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for discharging the Inhabitants of the Township of Ossett-cumGawthorpe, in the Parish of Dewsbury, in the County of York, from the Custom of grinding Corn, Grain and Malt at certain Water Corn Mills in the Townships of Wakefield and Horbury, and in the Parish of Sandal, in the said County; and for making Compensation to the Proprietor of the said Mills," was committed; That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto."

Which Amendments were read by the Clerk as follow; (vizt.)

"Pr. 2. L. 12 & L. 13. Leave out ("affected") and insert ("affeered")

"Pr. 10. L. 15. Leave out from ("Mills") to ("And") in Press 12, Line 13.

"Pr. 12. L. 20. Leave out ("the said")

"L. 21. Leave out ("the said")

"L. 26. Leave out ("Tyson") and insert ("Tyssen")

"L. 31. Leave out ("Tyson") and insert ("Tyssen")

"L. 32. Leave out ("the said")

"L. 33. Leave out ("Bennett") and insert ("Bennet")

"L. 36. Leave out ("Tyson") and insert ("Tyssen")

"Pr. 13. L. 2. Leave out from ("Defendants") to ("it") in Line 18.

"L. 20. Leave out ("Fifth") and insert ("last")

"L. 24. Leave out ("transferred") and insert ("referred")

"Pr. 14. L. 2. Leave out ("said Testator's")

"L. 30. Leave out ("Bennett") and insert ("Bennet")

"L. penult. Leave out ("amongst other Things") and insert ("that Sir Thomas Pilkington Baronet, the Testator in the Pleadings of the above Causes named, by his Will dated the Ninth Day of July One thousand eight hundred and eleven, gave and devised all his Manors, Messuages, Lands, Tenements and Hereditaments unto the Defendants Sir Edward Dodsworth, Godfrey Wentworth Wentworth and Sir William Pilkington, and their Heirs, in Trust to sell and dispose of the same, and to divide the Money to arise and be produced by the Sale thereof equally among his the said Testator's Children as they came of Age; and he found")

"Pr. 15. L. 4. After ("Mills") insert ("Drying Kilns")

"L. 10. After ("Sandal") insert ("Magna")

"L. 11. Leave out the second ("in") and insert ("of")

"L. 27. Leave out ("Bennett") and insert ("Bennet")

"L. 37. Leave out ("Bennett") and insert ("Bennet")

"Pr. 17. L. 33. Leave out ("Bennett") and insert ("Bennet")

"L. penult. Leave out ("Bennett") and insert ("Bennet")

"Pr. 18. L. 2. Leave out ("Fifty") and insert ("Forty")

"L. 4. Leave out ("Bennett") and insert ("Bennet")

"L. 9. Leave out ("Bennett") and insert ("Bennet")

"L. 11. Leave out ("Bennett") and insert ("Bennet")

"L. 24. Leave out ("Bennett") and insert ("Bennet")

"L. 30. Leave out ("Bennett") and insert ("Bennet")

"Pr. 19. L. 3. Leave out ("Bennett") and insert ("Bennet")

"L. 23. Leave out ("Bennett") and insert ("Bennet")

"L. 25. Leave out ("Bennett") and insert ("Bennet")

"L. 35. Leave out ("Bennett") and insert ("Bennet")

"L. 37. Leave out ("Bennett") and insert ("Bennet")

"Pr. 20. L. 10. Leave out ("Bennett") and insert ("Bennet")

"L. 21. Leave out ("Tyson") and insert ("Tyssen")

"L. 25. After ("said") insert ("Sir")

"L. 34. Leave out ("Bennett") and insert ("Bennet")

"L. 38 & L. penult. Leave out ("Bennett") and insert ("Bennet")

"Pr. 21. L. 12. Leave out ("Bennett") and insert ("Bennet")

"L. 34. Leave out ("Bennett") and insert ("Bennet")

"L. 37. Leave out ("Bennett") and insert ("Bennet")

"Pr. 22. L. 1. Leave out ("Bennett") and insert ("Bennet")

"L. 5. Leave out ("Bennett") and insert ("Bennet")

"L. 27. Leave out ("Bennett") and insert ("Bennet")

"Pr. 23. L. 12. Leave out ("Bennett") and insert ("Bennet")

"L. 23. Leave out ("Bennett") and insert ("Bennet")

"Pr. 24. L. 1. Leave out ("Bennett") and insert ("Bennet")

"L. 17. Leave out ("Bennett") and insert ("Bennet")

"L. 26. Leave out ("Bennett") and insert ("Bennet")

"Pr. 25. L. 3. Leave out ("Bennett's") and insert ("Bennet's")

"L. 7. Leave out ("Bennett") and insert ("Bennett")

"L. 14. Leave out ("Bennett") and insert ("Bennet")

"L. 22. Leave out ("Bennett") and insert ("Bennet")

"L. 29. Leave out ("Bennett") and insert ("Bennet")

"Pr. 26. L. 37. After ("in") insert ("this present")

"Pr. 30. L. 10. Leave out ("Bennett") and insert ("Bennet")

"L. 12. After ("Assigns") insert ("or the present or any future legal or equitable Proprietor or Proprietors of the said Mills")

"L. 19. After ("Mills") insert ("and that the said Right, Title and Claim shall continue and may be alleged and pleaded in any Court of Record, and otherwise claimed, prosecuted and enforced, in the same Manner and by the same Means as if this Act had not been passed")

"Pr. 33. L. 20. Leave out ("Twenty") and insert ("Ten")

"Pr. 34. L. 17 & L. 18. After ("aforesaid") insert Clause A.

"Clause A. Provided always, and be it further enacted, That if the Inhabitants of the said Township and other Persons rated to the Rate by this Act authorized shall not, within the Space of Three Calendar Months next after the passing of this Act, elect and choose Twenty Persons, qualified as aforesaid, to be the Trustees for carrying this Act into Execution, and who shall accept the said Office, then and in such Case it shall be lawful for the said Philip Bennet, his Heirs or Assigns, by any Deed or Instrument in Writing under his or their Hand and Seal or Hands and Seals, to nominate and appoint Twenty Persons, qualified as aforesaid, to be the Trustees for carrying this Act into Execution; and such Persons, when so nominated and appointed, shall have the same Powers and Authorities, and be subject to the same Penalties for Refusal or otherwise, and to the same Liabilities in all respects, as if they had been elected and chosen at a Public Meeting of the Inhabitants of the said Township and other Persons rated to the Rate by this Act authorized; and in case any of the Persons to be so nominated and appointed by the said Philip Bennet, his Heirs or Assigns, shall refuse or neglect to act, or from any other Cause shall cease to be a Trustee or Trustees for the Purposes of this Act, it shall be lawful for the said Philip Bennet, his Heirs or Assigns, by any Deed or Instrument in Writing under his or their Hand and Seal or Hands and Seals, from Time to Time to nominate and appoint some other Person or Persons, being duly qualified as aforesaid, to be a Trustee or Trustees for the Purposes of this Act in the Room of the Person or Persons so refusing, neglecting, or ceasing to be a Trustee or Trustees."

"Pr. 59. L. 36. Leave out ("Bennett") and insert ("Bennet")

"L. penult. After ("Mills") insert ("claiming under the Will of the said Sir Thomas Pilkington")

"Pr. 60. L. ult. Leave out ("Bennett's") and insert ("Bennet's")

"Pr. 66. L. 32. Leave out ("Hand") and insert ("Hands")

"Pr. 74. L. 29. Leave out ("or") and insert ("and")

"Pr. 81. L. 31 & L. 32. Leave out from ("deceased") to ("Provided") in Press 82, Line 26, and insert ("or for any or either of the Parties, Plaintiffs or Defendants, in the said Cause of Pilkington versus Smith, or in any of the said other Causes in Chancery hereinbefore mentioned, or in any renewed or supplemental Cause, to apply to the High Court of Chancery, by Motion or Petition in the said Causes, or any or either of them, for an Order that the Trustees elected or appointed or to be elected or appointed by virtue of this Act, or any Two or more of them, may pay such Instalment or Interest; and thereupon, and upon due Notice to the said Trustees, or such Two or more of them against whom the said Application shall be made, it shall be lawful for the Court of Chancery, and the said Court is hereby required, to hear such Application in a summary Way, and to order that the said Trustees, or such Two or more of them against whom the said Application shall be made, shall, within such Time as the said Court shall appoint for that Purpose, personally pay the said Instalments and Interest, or as much thereof as shall be in arrear and unpaid, with Interest thereon at Five Pounds per Centum per Annum from the Time of the same becoming due, into the Bank of England, with the Privity of the Accountant General of the said Court, to the Credit of the said Cause, Pilkington versus Smith, "The Account of Philip Bennet's Purchase Money," and to enforce such Order by Process of Commitment, Attachment, Sequestration or otherwise.")

"Pr. 93. L. 3. After ("thereon") insert Clause B.

"Clause B. Saving always to The King's Most Excellent Majesty, His Heirs and Successors, and to all and every Person and Persons, Bodies Politic and Corporate, his, her and their Heirs, Successors, Executors and Administrators, (other than and except the said Philip Bennet, his Heirs and Assigns, and the said Sir William Pilkington, Sir Edward Dodsworth and Godfrey Wentworth Wentworth, their Heirs and Assigns, and other the Trustees and Trustee for the Time being of the Real Estates of the said Sir Thomas Pilkington deceased, and the Heirs, Executors and Administrators of the said Sir Thomas Pilkington, and all Persons claiming or deriving any Estate, Right, Title or Interest under or by virtue of the Will of the said Sir Thomas Pilkington, or by, from, through, under or in Trust for him, or by, from, through or under or in Trust for Sir Lionel Pilkington deceased, the Father of the said Sir Thomas Pilkington, and other than and except the said Joze Luis Fernandez, his Executors, Administrators and Assigns, and other the Lessees, Tenants and Occupiers for the Time being of the said Mills,) all such Estate, Right, Title, Interest, Claim and Demand as they or any of them had before the passing of this Act, or could or might have had or enjoyed in case this Act had not been passed."

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

Russian Dutch Loan Account to be printed.

Ordered, That the Account, made up to 31st December 1831, of the Sums which have been paid and applied within the Year 1831 by virtue of an Act 55 Geo. 3, Cap. 115, intituled, "An Act for carrying into Effect a Convention between His Majesty and The King of the Netherlands and The Emperor of all the Russias," for paying and satisfying the Interest on the Part of the Loan therein agreed to be borne by His Majesty on all or any of the Securities therein mentioned, and towards paying and satisfying the Principal thereof, (in case the Principal of any of the said Securities shall have been paid,) and also for paying the Expences of carrying the said Act into Execution, and the Sinking Fund for the Extinction of the same, delivered to the House on the 23d of January last, be printed.

Borough of Warwick, Petition of Inhabitants, respecting Elective Franchise.

Upon reading the Petition of certain Inhabitants of the Borough of Warwick, whose Names are thereunto subscribed; complaining of the Notices of the Agent of The Earl of Warwick, previous to the Michaelmas Day next ensuing after the General Election, to quit the Houses and Lands they occupied, which Notices were served upon them for no other Reason whatever but because they refused to give their Votes to the Nominee of the said Earl; and praying their Lordships "to protect the Petitioners in the free Exercise of their Elective Rights, either by introducing the Vote by Ballot, or by any other Mode which may appear to their Lordships best:"

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

Clerks of the Peace, Order for Attendance of, discharged.

It was moved, "That the Order made on the 15th of this instant June, "That the Clerks of the Peace of the Counties of Derby, Hants, Middlesex, Monmouth, Oxford and Stafford do forthwith lay before this House, A Copy of the Receipt and Expenditure of all Turnpike Roads that were transmitted to their respective Offices for the Year ending Michaelmas 1829, with the Name and Place of Abode of the Clerks of each of such Turnpike Roads; also, A Return to certain Questions to be obtained from the Clerks of the said several Turnpike Roads; and also, A Return to certain Questions to be obtained from the Surveyors of the said several Turnpike Roads; or, in default thereof, do attend this House on the 30th of this instant June," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged, the said Clerks of the Peace having made the Returns mentioned in the said Order.

Parliamentary Representation, Return respecting, Ordered.

Ordered, That there be laid before this House, "A Return of every Place in Great Britain not now sending Members to Parliament, of which the Population has by the last Census exceeded Five thousand Souls; and the Amount of Assessed Taxes for the Year ending the 5th of April 1831 in each Place respectively."

Riots at the Collieries on the Tyne & Wear, Petition of Proprietors, for Enquiry into.

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

A Petition of the Peers, Commoners, Proprietors and Lessees of Coal Mines on the Rivers Tyne and Wear, whose Names are thereunto subscribed, was presented and read; praying their Lordships, "That an open Committee of this House may be immediately appointed to enquire into the Causes that have given rise to the Acts of Violence committed by the Pitmen in the Coal Districts of the North, which, at the same Period during Two succeeding Years, have disturbed the Public Peace; and (after a strict Investigation into the Treatment the Pitmen have received from the Petitioners) that their Lordships will adopt such Legislative Enactments as may put an End to and prevent the Annual Recurrence of those Outrages which the Petitioners sincerely lament, but for the Perpetration of which they are perfectly confident nothing in their Conduct towards the Pitmen will be found to afford the slightest Excuse:"

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

Slane Peerage, Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of George Bryan of Jenkinstown, in the County of Kilkenny, Esquire, to His Majesty; praying, That his Claim to the Barony of Slane may be referred to the House of Peers, to report whether the said Title be or be not a Barony in Fee, by Writ of Summons, descendible to Heirs General, and whether the same is or is not now in Abeyance between Edward Lord Dunsany and the Petitioner;" together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed; also the Petition of Henry Fleming of the City of Dublin; also the Petition of James Stewart Fleming of Belville; in the County of Cavan, in Ireland, Esquire, late a Captain in His Majesty's Army; and also the Petition of James Fleming of Monkstown, in the County of Dublin, Esquire, in relation to the said Claim, stand referred, do meet to consider further of the said Claim on Monday the 16th of July next; 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.

Punishment of Death Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for abolishing the Punishment of Death in certain Cases, and substituting a lesser Punishment in lieu thereof."

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

"Pr. 3. L. 2. Leave out from ("be") to ("transported") in Line 34.

"L. 5. Leave out from ("Life") to the End of the Bill, and insert Clauses A. B. and C.

"Clause A. And be it further enacted, That it shall be lawful for One of His Majesty's Principal Secretaries of State to order that any Male Person that shall, under this Act or any other Act now in force, or any Act that may hereafter be passed, be sentenced to be transported for the Term of the Life of such Person, or for any Term of Years, or that any Person who shall receive a Pardon on Condition of Transportation, shall be sent to any Parts beyond the Seas, either within His Majesty's Dominions or without, and be employed either on Land or on the Sea, or in any River or Port, in assisting any Part of the Army or Navy, or in doing any other Work which such Person shall have Health and Strength sufficient to do, for any Portion of the Term of Transportation of such Person as the Secretary of State shall think proper to direct and appoint that such Person shall be so employed; and that Persons so sentenced as aforesaid who are employed with any Part of the Army or Navy shall, besides being subject to the Laws made for the Regulation of Persons under Sentence of Transportation, be amenable to all the Laws now in force or which from Time to Time shall be made for the Government of the Army or Navy with whom they are so ordered to serve."

"Clause B. And be it further enacted, That it shall be lawful for One of His Majesty's Secretaries of State to order any Female sentenced to be transported beyond the Seas to be sent to any Place either within His Majesty's Dominions or without, and to be employed on any Service proper for a Female to perform, and which she has Health and Ability to perform, for such Portion of the Term for which such Female shall be sentenced to be transported as the Secretary of State shall think proper to direct and appoint; and the Person or Persons under whose Orders any such Female shall be put shall have Authority to compel such Female to perform such Service, by Confinement, or by diminishing the Quantity or changing the Quality of Food or other Allowances made to such Female."

"Clause C. And be it further enacted, That neither the Governor or Lieutenant Governor of any Island, Colony or Settlement, or any other Person, shall give any Pardon or Ticket of Leave to any Person sentenced to Transportation, or any Order or Permission to suspend or remit the Labour of any Person sentenced to Transportation, except in Cases of Illness, until such Person, if sentenced to be transported for Seven Years, shall have served Four; if sentenced to Fourteen Years Transportation, shall have served Six; or if sentenced to Transportation for Life, shall have served Eight Years of Labour; and that no Person sentenced to Transportation shall be capable of acquiring or holding any Property, or of bringing any Action for the Recovery of any Property, until after such Person shall have duly obtained a Pardon from the Governor or Lieutenant Governor of the Colony or Settlement in which he or she shall have been confined: Provided that nothing herein contained shall in any Manner affect His Majesty's Royal Prerogative of Mercy."

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

Order for 3 a.

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

Corporate Funds Bill reported:

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to prevent the Application of Corporate Property to the Purposes of Election of Members to serve in Parliament."

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

"Pr. 2. L. 13. Leave out from ("Election") to ("and") in Line 15.

"Pr. 6. L. 1. Leave out the Schedule annexed to the Bill."

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

Order for 3 a.

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

Divisions of Counties Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs, in England and Wales, in so far as respects the Election of Members to serve in Parliament;" and for the Lords to be summoned;

The said Bill was accordingly read a Second Time.

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday next; and that the Lords be summoned.

Beer Act Amendment Bill reported:

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

And the said Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Order for 3 a.

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

Ecclesiastical Corporation Lands Bill.

The House (according to Order) was adjourned during Pleasure, and again put into a Committee upon the Bill, intituled, "An Act to authorize the identifying of Lands and other Possessions of certain Ecclesiastical and Collegiate Corporations."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made several Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received on Monday next.

Boundary Reports (Scotland) delivered.

The House being informed, "That Mr. Daniel, from the Commissioners for settling the Boundaries of Scotch Boroughs, attended;"

He was called in; and delivered at the Bar, pursuant to an Address to His Majesty of the 27th of January last,

"Reports upon the Boundaries of the several Cities, Burghs and Towns in Scotland, in respect to the Election of Members to serve in Parliament."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Ordered, That the said Reports be printed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, tricesimum diem instantis Junii, horâ decimâ Auroræ, Dominis sic decernentibus.