House of Lords Journal Volume 62: 16 June 1830

Die Mercurii, 16 Junii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Morrison et al. v. Mitchell.

After hearing Counsel fully in the Cause wherein John Morrison, and others, are Appellants, and James Mitchell is Respondent:

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

Thomson v. Forrester.

After hearing Counsel, in Part, in the Cause wherein James Thomson is Appellant, and Thomas Forrester is Respondent:

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

Turner v. Gibb & Macdonald.

Ordered, That the Hearing of the Cause wherein Edward Errington Turner is Appellant, and William Gibb and James Macdonald are Respondents, which stands appointed for this Day, be put off to Friday next.

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

Ordered, That the Cause wherein Page Keble Esquire, and others, are Appellants, and The Reverend George Henry Templer junior, and others, are Respondents, et e contra, be heard by Counsel at the Bar on Friday next.

Bear & Bigg (Ireland) Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for reducing the Duty on Malt made from Bear or Bigg only, in Ireland, to the same Duty as is now payable thereon in Scotland."

After some Time, the House was resumed:

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

Buckle's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Buckle Esquire, or other Committee of the Estate of William Buckle, a Lunatic, for and in the Name and on behalf of the said William Buckle, to consent to the Exercise of a Power of Sale over Estates settled on the said William Buckle for his Life, and which Power is exerciseable with the Consent of the said William Buckle."

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 Sir Giffin Wilson and Mr. Eden;

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

Militia Ballots Suspension Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to suspend until the End of the next Session of Parliament the making of Lists and the Ballots and Enrolments for the Militia of the United Kingdom."

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

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Population Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for taking an Account of the Population of Great Britain, and of the Increase or Diminution thereof."

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

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Berkeley Peerage, Leave to Claimant to lodge an additional Case.

Upon reading the Petition of William Fitzhardinge Berkeley, claiming the Barony of Berkeley as a Barony by Tenure; setting forth, "That Sir John Shelley Sidney Baronet having laid upon their Lordships Table a Statement containing Observations upon the Petitioner's Case, and the Petitioner having been advised that it is necessary for him to answer such Observations; the Petitioner therefore prays their Lordships, That he may be at liberty to lay upon their Lordships Table his further Case, containing Observations upon Sir John's Statement:"

It is Ordered, That the Petitioner be at liberty to lay upon the Table his further Case, as desired.

Consolidated Fund Bill (£4,000,000.)

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

With a Bill, intituled, "An Act to apply a certain Sum of Money out of the Consolidated Fund to the Service of the Year One thousand eight hundred and thirty;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Shubenaccadie Canal Bill.

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

With a Bill, intituled, "An Act to anthorize the Advance of a certain Sum out of the Consolidated Fund, for the Completion of the Shubenaccadie Canal in Nova Scotia;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Transportation of Offenders Bill.

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

With a Bill, intituled, "An Act to amend an Act passed in the Fifth Year of His present Majesty, for the Transportation of Offenders from Great Britain; and for punishing Offences committed by Transports kept to labour in the Colonies;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Northern Roads, Petition of Trustees of Berwick Roads against Alteration in Line of.

Upon reading the Petition of the Trustees of the Middle District of Roads in the County of Berwick, whose Names are thereunto subscribed; praying their Lordships "not to sanction the intended Change of the principal Mail Coach Road from the Line extending from Morpeth, by Alnwick, Berwick, and the comparatively level Country along the Sea Coast, to Edinburgh, to the inland Line by Wooler and Greenlaw, a Country naturally mountainous, and liable to many Obstructions:"

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

Mackenzie v. Houston, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of Thomas Houston Esquire, Respondent in a Cause depending in this House, to which Murdo Mackenzie Esquire is Appellant, et e contra; praying, "That their Lordships will be pleased to grant him Leave to lodge his Case."

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.

Trustees of Stonehaven Harbour v. Sir A. Keith.

The House being moved, "That a Day may be appointed for hearing the Cause wherein the Trustees of Stonehaven Harbour are Appellants, and Sir Alexander Keith 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.

Criminal Laws, Petitions for Alteration of: (Croydon:)

Upon reading the Petition of the Magistrates, Clergy, and other Inhabitants of Croydon, in the County of Surrey, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Persons whose Names are thereunto subscribed, of the Wesleyan Methodists Congregation at Croydon, in the County of Surrey; severally praying their Lordships "to substitute some other Penalty than that of Death, more adapted to afford Protection to Property, to secure the Punishment of Offenders, and thereby more effectually to repress the Crime of Forgery:"

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

Independents, Plymouth:

Upon reading the Petition of the Dissenters of the Independent Denomination usually worshipping at the New Tabernacle in Plymouth, whose Names are thereunto subscribed:

Inhabitants of Plymouth.

And also, Upon reading the Petition of the Inhabitants of Plymouth and its Vicinity, whose Names are thereunto subscribed; severally praying their Lordships "to abolish the Penalty of Death for Forgery, and substitute other Punishments instead thereof:"

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

Returns of British Consuls of the Prices of Grain, Address for.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "The Returns made by British Consuls from Foreign Ports of the Prices of Grain in those Ports respectively for the Years 1828 and 1829."

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

Abolition of Fees on Demise of the Crown Bill reported:

It was moved, "That the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to abolish all Fees and Stamp Duties chargeable on the Renewal of all Appointments, Commissions, Grants, Pensions and Patents consequent on the Demise of the Crown," be now received."

The Question was put thereupon?

It was resolved in the Affirmative.

The Earl of Shaftesbury accordingly reported the said Amendments.

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

"Pr. 1. L. 1. Leave out from ("Whereas") to ("be") in Press 2, Line 11, and insert ("it is expedient that such Persons who shall at the Demise of His present Majesty, (whom God long preserve,) or any of His Successors, possess or enjoy any Office, Pension, Rank or Precedence granted during the Pleasure of the Crown, and who shall be continued in the Possession or Enjoyment thereof, should be exempted, as hereinafter provided, from the Payment of Fees and Stamp Duties in respect of their Re-appointment to any such Office, or the Re-grant of any such Pension, Rank or Precedence")

"Pr. 2. L. 17. Leave out from ("That") to the End of the Bill, and insert ("every Person who at the Demise of His present Majesty, (whom God long preserve,) or any of His Successors, shall possess or enjoy any Office, Employment, Pension, Rank or Precedence granted, during the Pleasure of the Crown, by any Letters Patent or Commission, and shall be continued in the Enjoyment of and be re-appointed to such Office or Employment, or obtain a Re-grant of such Pension, Rank or Precedence, shall be exempted, except as herein-after provided, from paying to any of His Majesty's Successors, or to any other Person or Persons whomsoever, any Fee, Reward or Stamp Duty in respect of such Re-appointment or Re-grant") and also insert Clauses A. and B.

"Clause (A.) And whereas it is just and reasonable that the Persons whose Right and Duty it is or may be, by virtue of their respective Offices, to prepare, make out, settle and attend to the Execution of the usual Commissions, Letters Patent or other Instruments upon such Re-appointments and Re-grants as aforesaid, should receive a proper and adequate Remuneration for the Performance of such Duty; be it enacted, That the Lords Commissioners of His Majesty's Treasury for the Time being shall in all such Cases fix and determine the Amount of such Remuneration; and that such Remuneration shall be paid by the Persons who would have been chargeable, if this Act had not passed, with the Fees payable upon such Re-appointments or Regrants as aforesaid."

"Clause (B.) Provided always, and be it further enacted, That nothing herein contained shall extend to deprive any Person, who at the Time of passing this Act shall or may be entitled to any Estate of Freehold in his Office, of any Fees or Emoluments to which he would have been by Law entitled if this Act had not passed; but that every such Person shall be entitled to claim and shall receive such Fees and Emoluments, and no other, upon every such Re-appointment and Re-grant, as if this Act had not passed; any thing herein contained to the contrary notwithstanding."

"In the Title of the Bill:"

"L. 1. Leave out ("all") and insert ("certain")

Bill re-committed.

Ordered, That the said Bill be re-committed to a Committee of the Whole House To-morrow; and that the Lords be summoned.

Bayley's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of James Bayley Esquire with Louisa his Wife, and to enable him to marry again; and for other Purposes;" and for hearing Counsel for and against the same; and for the Lords to be summoned;

Counsel were accordingly called in:

And Mr. Adam appearing as Counsel on behalf of the Petitioner, and no Counsel appearing for Mrs. Bayley;

Mr. Adam was heard to open the Allegations of the Bill.

Then Thomas Metcalfe Esquire was called in; and having been sworn, was examined as follows:

(By Counsel.) "You are Solicitor for Major Bayley?"

"I am."

"Did you at any Time serve Mrs. Bayley with the Order of this House and a Copy of the Bill?"

"I did."

"Where did you see her, and when did you serve her?"

"I saw her, on the 3d of this Month, at Dover; I served her with a Copy of the Order, and at the same Time shewed her the Original."

"Had you known Mrs. Bayley before?"

"I had."

"Do you know that she was the Wife of Major Bayley?"

"Yes."

"Do you know her Maiden Name?"

"Louisa Ricketts."

"Had you any Convesation with her?"

"Yes, I had."

"What passed between you?"

"I can scarcely say what passed. Major Bayley is a Relation of mine, and of course Observations were made upon the Circumstances that had occurred."

"Had you any Conversation with Mrs. Bayley as to the Conduct that Major Bayley had pursued towards her?"

"Not on that Occasion."

"Did you serve her with a Copy of the Bill?"

"Yes."

(By a Lord.) "How do you know it was Mrs. Bayley?"

"I had known her before; Major Bayley is a Relation of mine."

The Witness was directed to withdraw.

Then Francis Clarke was called in; and having been sworn, was examined as follows:

(By Counsel.) "You are a Clerk in the India House?"

"I am."

"Do you produce a Book containing a Transcript of the Registers of Marriages at Madras?"

"Yes."

The Witness produced the same.

"You have produced it before?"

"Yes, I have."

"What Period of Time does that Book embrace?"

"From the 1st of June 1822 to the 31st of May 1823."

"Of Marriages at the Presidency of Madras?"

"Yes."

"Turn to the 15th of March 1823, and read the Entry."

The Witness read the following Entry:

"St. George's Church, Madras, 15th March 1823. James Bayley, Captain 11 Reg^t N. I. and Assistant to the Resident of Nagapoor, Bachelor, and Louisa Ricketts Spinster, were married in this Church, by Permission of The Honorable The Governor, this Day, by me,

(Signed) "W. Thomas, Senior Chaplain.

"Is that Book signed by Frederick Orme, the Registrar?"

"Yes, it is; by Frederick Orme, Registrar of the Archdeaconry."

"Do you know that he is Registrar of the Archdeaconry of Madras?"

"I know that a Person of that Name is so."

(By a Lord.) "That Book is transmitted in the usual Form?"

"Yes; I have referred to the List of Packets, and find that it came over in the usual Way."

"And the Officer by whom it was signed is the Officer by whom similar Documents are signed?"

"Yes."

"You are accustomed to his Handwriting?"

"Yes."

The Witness was directed to withdraw.

Then Colonel James Lillyman Caldwell was called in; and having been sworn, was examined as follows:

(By Counsel.) "I believe you were an Officer in The East India Company's Service?"

"I was."

"Were you acquainted with Major Bayley and Miss Ricketts?"

"I was."

"Were you present at their Marriage?"

"I was."

"Where did it take place?"

"At Madras."

"At whose House?"

"In the Church."

"Was the Marriage Ceremony attended by Miss Ricketts Family?"

"Part of it."

"Did her Father attend?"

"No, I think not."

"You were present?"

"Yes."

"Do you remember seeing them together after the Marriage?"

"Yes."

"Did they continue to live at Madras after that Time?"

"Yes; but they went up the Country,"

"His Duty carried him up the Country?"

"Yes."

"Have you had Occasion to see Mrs. Bayley since?"

"Yes."

"Where did you see her?"

"I saw her, by Accident, very lately, as I was walking in a Street at Paris; I met her in the Rue Saint Anthony."

"Had you any Conversation with her?"

"Yes."

"Did you learn from her by what Name she was going then?"

"Yes."

"What Name was it?"

"Smith."

"Did she appear to be with Child?"

"She did."

"Had you any Conversation with her upon that Subject?"

"Yes."

"What did she say upon it?"

"She said she was married."

"Did she say to whom?"

"To Mr. Smith."

"Did she say any thing as to by whom she was with Child?"

"Yes, she did; she said she was with Child by Mr. Smith."

"How long ago was that?"

"It may be about Three Months or Two Months and a Half since."

(By a Lord.) "Where did the Marriage take place?"

"At Madras."

"In the Chapel?"

"In the Church."

"In the usual and regular Mode?"

"Yes."

The Witness was directed to withdraw.

Then Charlotte Raymondeu was called in:

Gerard Graultrie was sworn as Interpreter as follows:

"You shall well and truly interpret, according to the best of your Skill and Understanding, between this House and the Witnesses who shall be examined at the Bar of this House, and a true Report make of the Matter and Matters which each and every such Witness shall give in Evidence, So help you GOD."

The Witness was then sworn; the Oath being interpreted by Gerard Graultrie; and examined, partly through his Interpretation, as follows:

(By Counsel.) "Were you Maid to Mrs. Bayley?"

"Yes."

"Do you remember when you went into her Service?"

"Yes."

"When was it?"

"On the 4th of July."

"What Year?"

"1828."

"Was Mrs. Bayley the Wife of Major Bayley?"

"Yes."

"Where were they living when you went into her Service?"

"Russell Square, Woburn Place."

"Did they shortly afterwards go Abroad?"

"Yes."

"Did you accompany them?"

"Yes."

"Where did they go to; did they go into Switzerland?"

"First they go to Bruges."

"Do you know whether any Part of Mr. Bayley's Family were living at Bruges?"

"Yes, they were."

"Did they afterwards go to Geneva?"

"First to Germany."

"Did they then go to Geneva?"

"Then to Geneva."

"Did they afterwards go to Prussia?"

"Yes."

"Then to Switzerland?"

"Yes."

"While they were living at Geneva, do you know whether Major Bayley and Mrs. Bayley became acquainted with a Gentleman of the Name of Gardiner?"

"At the Hotel d'Ecu at Geneva."

"Was it The Reverend Edward Gardiner?"

"Yes."

"Do you know that his Name was Edward?"

"Only Gardiner."

"How long did they stay at Geneva?"

"Three Weeks."

"After they left Geneva, did they go to Paris?"

"Yes."

"Where did they take up their Residence at Paris?"

"Hotel de France, Rue de Richelieu."

"How long did they remain there?"

"One Week."

"Where did they go then?"

"To the Hotel de Congres, Rue de Rivoli."

"What Apartments did they occupy there?"

"The Entresol."

"After they had been there any length of Time, do you remember whether Mrs. Ricketts, Mrs. Bayley's Mother, joined them?"

"Yes."

"Did she continue to live with them while they resided there?"

"Yes."

"What did the Family consist of; Major Bayley and Mrs. Bayley?"

"Yes."

"And Mrs. Ricketts?"

"Yes."

"Had she a Maid?"

"Yes."

"What was her Name?"

"Ann Mathieson."

"Yourself?"

"Charlotte Raymondeu."

"Was there a Man Servant?"

"Yes; Andrew Gates."

"And the Apartments were in the Entresol of the Hotel?"

"Yes."

"Do you remember, after they had been there any length of Time, Mr. Gardiner coming?"

"Yes."

"Did Mr. Gardiner visit the Major and Mrs. Bayley?"

"Yes."

"How long had you lived with Major and Mrs. Bayley at that Time?"

"Several Months."

"Can you tell their Lordships upon what Terms Major and Mrs. Bayley lived; were there Differences between them, or did they live in Affection and Harmony?"

"Very affectionate."

"Were there Differences and Disputes?"

"Mrs. Bayley sometimes very passion."

"After they had been at Paris some Time, and after Mr. Gardiner arrived there, do you remember Mrs. Bayley getting up and going out early in the Morning?"

"Yes."

"What Time in the Morning did she get up?"

"Half past Seven."

"What Time of the Year was it?"

"October or November."

"It was hardly light then?"

"Last November."

"Was the Sun shining?"

"No; it was dark; very bad Weather."

"Do you remember Mrs. Bayley giving any Reason for getting up?"

"Yes; she went to take a Walk for the Headache."

"Did she give you any other Reason?"

"No; and one Time to go have her Hair dressed."

"Do you remember whether she used to get up so early before Mr. Gardiner came?"

"No; it was afterwards."

"Was Major Bayley in Bed at that Time?"

"Yes."

"Do you remember at any Time Major Bayley leaving Paris?"

"Yes."

"When was it?"

"On Thursday Morning."

"Do you recollect the Day of the Month?"

"I think the 7th of December."

"In the Year 1828 that you have been speaking of?"

"Yes."

"It was upon a Thursday?"

"Yes."

"After Major Bayley went away, do you remember Mrs. Bayley going any where?"

"Yes."

"Where did she go?"

"After Mr. Bayley."

"Where?"

"To Bruges."

"Do you know whether Major Bayley had gone to Bruges to Mrs. Bayley's Family?"

"Yes; to see Mrs. Taylor, Mrs. Bayley's Sister."

"You state that Mrs. Bayley afterwards went after him?"

"Yes."

"Did you go with her?"

"Yes."

"Before she went to Bruges after Major Bayley, do you remember her going to the Place Vendome?"

"Yes."

"Who lived in the Place Vendome?"

"Mr. Gardiner."

"What Time in the Evening was it that Mrs. Bayley went to Mr. Gardiner's House in the Place Vendome?"

"It was at Night, about Twelve o'Clock."

"Were you with her?"

"Yes."

"When you got there, what became of Mrs. Bayley; where did she go?"

"She went to see Mr. Gardiner."

"Did she go up Stairs?"

"Yes."

"Where did you remain?"

"In the Passage."

"Do you remember Mrs. Bayley coming down Stairs?"

"Yes."

"Who came with her?"

"Mr. Gardiner."

"How was he dressed?"

"In his Nightgown."

"How did it happen you went with Mrs. Bayley to the Place Vendome?"

"Mrs. Bayley told me to go with her because it was so late."

"How far is the Place Vendome from the Hotel de Congres?"

"Very close; perhaps Two Minutes."

"You went to accompany Mrs. Bayley from the one to the other?"

"Yes."

"After you left the Place Vendome, did you set out for Bruges?"

"Yes."

"How long was Mrs. Bayley with Mr. Gardiner?"

"Half an Hour."

"Did Mrs. Bayley return from Bruges to Paris?"

"Yes."

"When did she return?"

"Five Days afterwards."

"What Time in the Morning did she arrive?"

"About Nine or Ten."

(By a Lord.) "When you say the Passage below, where you remained, was it on the Ground Floor?"

"On the Ground Floor."

(By Counsel.) "Had you ever been up in Mr. Gardiner's Apartments?"

"No."

"Was it a private Apartment in the Place Vendome?"

"Yes."

"Not a public Hotel?"

"No."

"Where Mr. Gardiner lived?"

"Yes."

"And Mrs. Bayley went up Stairs to Mr. Gardiner's Apartments, leaving you below?"

"Yes."

"She remained there Half an Hour?"

"Yes."

(By a Lord.) "Did the Passage in which you waited belong to the House in which Mr. Gardiner lived, or was it a public Passage?"

"In the same House."

(By Counsel.) "After this, you say she returned; how early in the Morning did Mrs. Bayley arrive at Paris on her Return?"

"About Nine or Ten in the Morning."

"Was Mrs. Ricketts up at that Time?"

"No; she was in Bed."

"What Directions or Orders did Mrs. Bayley give to you upon that Subject?"

"She told me not to make any Noise, because she would go in the Corner."

"Was Mr. Gardiner's House at the Corner of the Place Vendome?"

"Yes."

"Do you know whether Mrs. Bayley went to Mr. Gardiner's House in the Place Vendome, when she returned?"

"Yes."

"How long was she absent?"

"About Half an Hour."

"Did she then return Home?"

"Yes."

"And see Mrs. Ricketts?"

"Yes."

"After that, do you remember seeing Mr. Gardiner at the Hotel de Congres, in the Apartment of Mrs. Bayley?"

"Yes."

"How often did you see him there?"

"Two or Three Times.

"Had you ever Occasion to observe the Condition of Mrs. Bayley's Bed after Mr. Gardiner had been there, whether it appeared as if more than One Person had been lying there?"

"Yes."

(By a Lord.) "Where was Major Bayley at that Time?"

"In London."

(By Counsel.) "Did you observe, on any Days that Mr. Gardiner had been visiting Mrs. Bayley, whether there had been an Appearance upon her Bed of Two Persons having lain there?"

"Yes, there did."

"Did you observe this more than once?"

"Two Times."

(By a Lord.) "How soon after Mr. Gardiner was gone did you observe the Bed, to see what Condition it was in?"

"Directly."

"Had you seen the Bed before Mr. Gardiner came?"

"Yes."

(By Counsel.) "What Appearance did the Bed exhibit before Mr. Gardiner had been there; did it appear before Mr. Gardiner was there as if Two Persons had lain in it, or not?"

"No."

"Were there any other Marks upon the Bed besides the Pressure?"

"No."

"Bring your Attention to the Night before Mrs. Bayley left Paris, and when did she leave?"

"Tuesday Morning."

"What Month was it; in 1828 or 1829, do you think?"

"In January."

"Do you remember Mr. Gardiner coming to see Mrs. Bayley in the course of that Evening?"

"Yes."

"Did you hear him say any thing to her?"

"Yes."

"What was it?"

"He told her, "What Time shall I come?"

"Did he ask Mrs. Bayley what Time he should come?"

"Yes."

"Did he say it in a loud Voice or a Whisper?"

"Very low."

"You overheard it?"

"Yes."

"What Answer did she give?"

"She did so." (The Witness nodded.)

"Did he name any Hour?"

"No; Mrs. Bayley nodded."

"Was there any particular Hour named?"

"No."

"The next Morning, the Morning they went away, did you observe Mrs. Bayley's Bed?"

"Yes."

"What Appearance did it shew at that Time, as to whether more than One Person had slept in it?"

"Oh yes."

"As if Two Persons had lain in it?"

"Yes."

"Did you see Mr. Gardiner there that Night?"

"No."

(By a Lord.) "Did it appear as if Two Persons had slept inside the Bed, between the Sheets?"

"Yes."

"Was it much tumbled, or a little?"

"Yes, very much."

"A good deal?"

"Yes."

"Was it a common French Bed, made for One Person?"

"A very large Bed."

"So as to afford the Means of Two Persons lying there?"

"Yes."

The Witness was directed to withdraw.

The Counsel was directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off to Wednesday next; and that the Lords be summoned.

Contempt in Equity Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro Confesso."

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

"Pr. 1. L. 23. Leave out from ("Confesso") to ("and") in Line 30.

"L. penult. Leave out from ("amend") to ("and") in Press 2, Line 1.

"Pr. 2. L. 13. Leave out ("Acts") and insert ("Act")

"L. 14. Leave out from ("second") to ("and") in Line 15.

"Pr. 3. L. 2. Leave out ("the") and insert ("all") and in the same Line leave out ("from Time to Time")

"L. 4. Leave out from ("the") to ("And") in Line 25, and insert ("Dates, and the Grounds of their several Commitments, and the Dates of their respective Discharges; and shall, on the Twentieth Day of January, the Twentieth Day of April, the Twentieth Day of July, and the Twentieth Day of October in every Year, make a Report to The Lord Chancellor of the Names and Descriptions of such Prisoners in his Custody on each of such Days respectively, with the Causes and Dates of their respective Commitments")

"Pr. 15. L. 27. Leave out ("in no") and insert ("it shall not be necessary in the")

"L. 29. Leave out ("shall it be necessary")

"L. 31. Leave out from ("Confesso") to ("3") in Line 37.

"Pr. 16. L. 27. Leave out from ("Fleet") to ("That") in Press 17, Line 4, and insert ("5")

"Pr. 17. L. 23. Leave out ("on") and in the same Line leave out from ("Days") to ("cause") in Line 27, and insert ("shall happen out of Term, then within the first Four Days of the next ensuing Term")

"Pr. 18. L. 7. Leave out from ("the") to ("That") in Line 9, and insert ("first Day of next Term") and also insert ("6")

"L. 17. Leave out from ("Rotation") to ("to") in Line 20, and in Line 20 leave out ("instanter")

"L. 22. Leave out ("vivâ voce") and insert ("forthwith")

"L. 27. Leave out ("8") and insert ("7")

"L. 33. Leave out from ("Court") to ("shall") in Line 37.

"L. penult. Leave out ("thereon") and insert ("on their respective Cases")

"Pr. 19. L. 29. After ("applied") insert ("under the Direction of said Court")

"L. 32. Leave out ("9") and insert ("8") and in the same Line leave out from ("Master") to ("visiting") in Line 33.

"L. 36. Leave out ("they") and insert ("he")

"Pr. 20. L. 2. Leave out ("them") and insert ("him")

"L. 7. Leave out ("10") and insert ("9")

"L. 8. Leave out ("a") and insert ("an Idiot")

"L. 9. After ("Lunatic") insert ("or of unsound Mind")

"L. 14. Leave out ("such") and insert ("the")

"L. 15. After ("made") insert ("by such Guardian")

"L. 16. Leave out ("11") and insert ("10")

"L. 19. Leave out ("a") and insert ("Idiot") and in the same Line after ("Lunatic") insert ("or of unsound Mind")

"L. 37. Leave out from ("on") to ("That") in Press 21, Line 4, and insert ("11")

"Pr. 21. L. 9. Leave out ("Three") and insert ("Ten")

"L. 13. Leave out ("taking his Bill") and insert ("proceeding to have the Bill taken")

"L. 17. Leave out ("just") and insert ("in the same Manner")

"L. 32. Leave out ("13") and insert ("12") Pr. 22. L. 3. Leave out ("14") and insert ("13") Pr. 23. L. 15. Leave out from ("the") to ("and") in Line 16, and insert ("first Day of next Term")

"L. 27. Leave out from ("Confesso") to "("That") in Press 24, Line 20, and insert ("14")

"Pr. 24. L. 34. Leave out ("17") and insert ("15") L. 38. Leave out from ("Transfer") to ("or") in Line penult.

"Pr. 26. L. 23. Leave out ("18") and insert ("16")

"Pr. 27. L. 13. Leave out ("19") and insert ("17") L. 21. After ("Costs") insert ("Costs") insert ("Costs") L. 23. Leave out ("20") and insert ("18")

"Pr. 28. L. 1. Leave out ("21") and insert ("19") L. 23. Leave out ("22") and insert ("20") L. 29. After ("Seal") insert ("upon or in respect of which no Fee shall be payable")

"L. 36. Leave out from ("receiving") to ("such") in Line 37.

"L. ult. Leave out from ("make") to ("and") in Press 29, Line 5.

"Pr. 29. L. 19. Leave out ("make") and insert ("take")

"Pr. 31. L. 20. Leave out from ("Debtors") to ("And") in Press 33, Line 3.

"Pr. 33. L. 13. Leave out ("Visitors") and insert ("the Warden") and in the same Line after ("Fleet") insert ("and of the Masters visiting there")

"L. 21. Leave out ("Six") and insert ("Five")

"L. 22. Leave out ("Two")

"L. 26. Leave out from. ("Court") to ("And") in Line 29.

"Pr. 34. L. 4. Leave out from ("nominate") to ("And") in Line 24."

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

Reports of H.C. on Criminal Law, communicated.

The Messengers sent to the House of Commons on Monday last, to request, "That they would be pleased to communicate to this House, "Copies of Reports made from the Select Committee appointed by that House in Session 1824 on the Criminal Law of England, dated respectively the 2d of April 1824 and the 7th of May 1824, together with the Appendix thereto;" informed the House, "That the Commons had delivered to them Copies of the said Reports and Appendix, as desired."

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

Ordered, That the said Reports and Appendix be printed.

Lysaght & Darren v. Walker et al. in Error.

The House being informed, "That Mr. Thomas Baker attended, in order to deliver in Pleadings and Proceedings in the Cause wherein John Lysaght and James Darren are Plaintiffs, and Thomas Walker, and others, are Defendants;"

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

And then he withdrew.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum septimum diem instantis Junii, horâ undecimâ Auroræ, Dominis sic decernentibus.