House of Lords Journal Volume 62: 18 June 1830

Die Veneris, 18 Junii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lewis & Stevens v. Bridgman & Mallett.

The Answer of William Bridgman the younger, and John Lewis Mallett, to the Petition and Appeal of Thomas Lewis and Robert Andrew Stevens, was this Day brought in.

Thomson v. Forrester:

After hearing Counsel for the Appellant, as well on Wednesday last as on this Day, upon the Petition and Appeal of James Thomson, Writer to the Signet, Factor loco Tutoris on the Estate of David Balfour Hay Esquire, of Leys and Randerston, a Lunatic; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, dated the 28th Day of May 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, might seem proper," as also upon the Answer of Thomas Forrester, Farmer at Kildinnie, put in to the said Appeal; and Counsel appearing for the Respondent in the said Appeal; the Counsel were directed to withdraw:

Interlocutor Affirmed, with Costs.

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

Turner v. Gibb & Macdonald.

After hearing Counsel for the Appellant in the Cause wherein Edward Errington Turner is Appellant, and William Gibb and James Macdonald are Respondents, ex-parte:

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

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

After hearing Counsel, in Part, in the Cause wherein Page Keble Esquire, and others, are Appellants, and The Reverend George Henry Templer junior, and others, are Respondents, et e contra:

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

Newall & Inman v. Thomson et al.

Ordered, That the Cause wherein Walter Newall and John Inman are Appellants, and William Thomson, and others, are Respondents, be heard by Counsel at the Bar, on Monday next.

Mac Allister v. Mac Allister et al.

Ordered, That the Cause wherein Colonel Mathew Mac Allister is Appellant, and Angus Mac Allister, and others, are Respondents, be heard by Counsel at the Bar on Monday next.

Beverley Road Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and otherwise improving the Road from Beverley, by Molescroft, to Kendell House, and the Road from Molescroft to Bainton Balk, in the County of York," 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."

Petitions of Ship Owners of London to the Privy Council, & Correspondence there on, delivered.

The Earl of Shaftesbury laid before the House, pursuant to an Address to His Majesty of Thursday the 3d of this instant June,

"Copies of all Petitions addressed to the Privy Council, on behalf of the Ship Owners of the Port of London, since the 4th of August 1823 to the present Time; together with Copies of all Correspondence relative thereto within the same Period, and all Documents referred to therein, or explanatory thereof."

And the Title thereof being read by the Clerk;

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

Ordered, That the said Papers be printed.

21st & 22d Reports of Com rs concerning Charities, 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, "A Copy of the Twenty-first and Twenty-second Reports of the Commissioners for enquiring concerning Charities in England; together with the Minutes of Evidence, and Indexes and Appendixes thereto."

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

Parochial Registers (Scotland) Bill.

Ordered, That the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for the better Regulation of Parochial Registers in Scotland, and for the general recording of such Registrations in the Office of The Lord Clerk Register in Edinburgh," be received on Monday next.

Militia Ballots Suspension Bill:

Hodie 3^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."

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

It was resolved in the Affirmative.

Population Bill:

Hodie 3^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."

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 2 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.

Spirituous Liquors, Petition from Salford Society for promoting Temperance, to restrict the Retail of, &c.

Upon reading the Petition of the Members of the Salford Society, Lancashire, for promoting Temperance, whose Names are thereunto subscribed; praying their Lordships, "either to suppress altogether, or effectually to regulate and restrict, the System of retailing Spirituous Liquors; and especially to prohibit all Liquors sold by Dram Shops from being drank upon the Premises; and that no Spirit Dealer be allowed to sell Spirituous Liquors on the Sabbath Day:"

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

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

Upon reading the Petition of the Inhabitants of the City of Chester, whose Names are thereunto subscribed; praying their Lordships "to discontinue to visit Offences against Property with the Punishment of Death; and that in the enacting of such mitigated and systematised Punishments as it may still be deemed needful to inflict, strict Regard may be had to the Interests and Feelings of the Community:"

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

Ashford:

Upon reading the Petition of the Inhabitants of the Town of Ashford and its Vicinity, in the County of Kent, whose Names are thereunto subscribed; praying their Lordships "to abolish the Punishment of Death for Forgery, and to substitute such Penalties as are adapted to the enlightened Age in which we live, and to the Character of that Religion which we profess, as well as to secure, by the Certainty of their Infliction, the Cooperation of the Court, the Prosecutor, the Witnesses and the Jury:"

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

Darlington:

Upon reading the Petition of the Bankers, Merchants and others of the Town and Neighbourhood of Darlington, whose Names are thereunto subscribed; praying their Lordships "to repeal all the Laws by which the Punishment of Death is inflicted for Forgery of any Description, and in lieu thereof to substitute such Penalties as in the Wisdom of their Lordships may seem best calculated to meet the Views of a Christian Community, with adequate Certainty of Punishment to the Offender:"

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

Reading:

Upon reading the Petition of the Bankers and other Inhabitants of the Borough of Reading, whose Names are thereunto subscribed; praying their Lordships "to substitute another Penalty than that of Death in all Cases of Forgery:"

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

Worcester:

Upon reading the Petition of the Protestant Dissenters and others resident in the City of Worcester, whose Names are thereunto subscribed; praying their Lordships to abolish the Punishment of Death in Cases of Forgery and other Crimes not attended by Violence, and to substitute Penalties more commensurate to the nature of the Offences, and more consonant to the Feelings of the Community:"

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

Moretonhampstead:

Upon reading the Petition of the Inhabitants of Moretonhampstead, in the County of Devon, whose Names are thereunto subscribed; praying their Lordships "to substitute some other Punishment than Death for the Crime of Forgery, in order that the Petitioners may be able to lend their Aid when called on to put the Law in Execution, which at present its sanguinary Character would not permit them to do:"

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

Staines:

Upon reading the Petition of the Inhabitants of Staines and its Neighbourhood, whose Names are thereunto subscribed; praying their Lordships "so to amend the existing Law relating to Forgery as that it may visit the Offender with a less Penalty than that of Death:"

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

Poole:

Upon reading the Petition of the Inhabitants of the Town and County of Poole, whose Names are thereunto subscribed; praying "their Lordships Attention to a Revision of the Laws which inflict the Punishment of Death for Forgery and various other Crimes, not doubting but that the Laws might be meliorated, without Detriment to the Commercial Interests of the Country:"

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

Godalming:

Upon reading the Petition of the principal Inhabitants of Godalming, in the County of Surrey, whose Names are thereunto subscribed; praying their Lordships "not to withhold from them that Protection to their Property which they would derive from a more lenient Law than that inflicting the Punishment of Death for Forgery:"

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

Honiton:

Upon reading the Petition of the Portreeve and Inhabitants of Honiton, in the County of Devon, whose Names are thereunto subscribed; praying their Lordships "to abrogate the Penalty of Death for the Crime of Forgery, and substitute some other Punishment in its Stead, whereby, in the Opinion of the Petitioners, a better Security will be afforded to Property, by the Certainty that adequate Punishment will await the Commission of this heinous Offence:"

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

Baptists, Counterslip, Bristol:

Upon reading the Petition of the Members of the Congregation of Protestant Dissenters of the Baptist Denomination meeting in Counterslip, Bristol, whose Names are thereunto subscribed; praying their Lordships to abolish the Punishment of Death altogether for the Offence of Forgery, and to substitute such other Penalty as to their Lordships Wisdom shall seem meet:"

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

Mint Lane Chapel, Exeter:

Upon reading the Petition of the Wesleyan Methodist Congregation assembling for Religious Worship at Mint Lane Chapel, Exeter, whose Names are thereunto subscribed; praying their Lordships, "That the Punishment of Death may no longer be attached to the Crime of Forgery, in any Case whatever:"

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

Wellington:

Upon reading the Petition of the Magistrates, Clergy, Bankers and other Inhabitants of the Town of Wellington, in the County of Somerset, and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That, both for the Protection of Property and the invariable Prosecution and adequate Punishment of the heinous Offence of Forgery, the Penalty of Death may be commuted in such Manner as may appear to the Legislature best adapted to effect these important Ends:"

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

Spalding.

Upon reading the Petition of the Inhabitants of the Town of Spalding and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to remove the Penalty of Death from all Offences against Property, and to substitute a Punishment better proportioned to the Degree of Crime, better adapted to accomplish its true Object, and better calculated to promote the Interests of Society:"

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

Bankers (Ireland) Bill.

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

With a Bill, intituled, "An Act to explain Two Acts of His present Majesty, for establishing an Agreement with The Governor and Company of the Bank of Ireland, for advancing the Sum of Five hundred thousand Pounds Irish Currency, and for the better Regulation of Copartnerships of certain Bankers in Ireland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Newborough Church Bill.

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

With a Bill, intituled, "An Act for endowing the Parish Church of Newborough, in the County of Northampton, and Three Chapels called Portland Chapel, Oxford Chapel and Welbeck Chapel, situate in the Parish of Saint Mary le bone, in the County of Middlesex, and also a Chapel erected on Sunk Island, in the River Humber;" to which they desire the Concurrence of this House.

Hawkins's Estate Bill.

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

To return the Bill, intituled, "An Act for authorizing Leases to be granted of such of the Estates in the County of Cornwall as were devised by the Will of Sir Christopher Hawkins Baronet, deceased, to Christopher Henry Thomas Hawkins, an Infant, during his Life;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Evelyn's Estate Bill.

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

To return the Bill, intituled, "An Act for authorizing the granting of Building and other Leases of Freehold Ground and Hereditaments late the Property of Dame Mary Evelyn deceased, in the Parishes of Saint Paul and Saint Nicholas, Deptford, in the County of Kent;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Sir P. Pole's Estate Bill.

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

To return the Bill, intituled, "An Act for renewing, granting and confirming certain Powers and Authorities to Sir Peter Pole Baronet, given or limited by the Will of Sir Charles Pole Baronet, deceased, and an Indenture of Release affecting his Estates in the County of Southampton;" and to acquaint this House, That they have agreed to the same, without any Amendment.

D. of Buccleuch's Estate Bill.

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

To return the Bill, intituled, "An Act for exchanging the Estates in the County of Northampton of which The Most Noble Walter Francis Douglas Montagu Duke of Buccleuch and Queensberry is Tenant in Tail under the Will of The Most Noble John late Duke of Montagu, deceased, for some of his Settled Estates in the Counties of Lancaster and York of which he is Tenant for Life under the Will of The Most Noble Elizabeth late Duchess of Buccleuch and Queensberry, deceased;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Spirits, Stamps & Tobacco Duties, (Ireland,) Petitions against Encrease of: (Meath:)

Upon reading the Petition of the Noblemen, Gentlemen, Clergy, Freeholders and Landholders in the County of Meath, whose Names are thereunto subscribed; praying their Lordships, "That neither the proposed additional Duty on Spirits or on Newspapers and Advertisements may be carried into Effect:"

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

Cove:

Upon reading the Petition of the Inhabitants of Cove and of the Great Island, in the County of Cork, whose Names are thereunto subscribed; praying their Lordships not to give their Legislative Sanction to an Encrease of the Stamp Duties, which would extinguish that Source of useful Knowledge, that Guardian of their Rights and Interests, "the Irish Press;" nor to sanction an Alteration in the Scale of Spirit Duties, to the Ruin of our Agriculture; much less to allow such a Rate of Duty to be imposed upon Irish-grown Tobacco as will deprive this Country of the Benefit of her Soil and Climate, to the Advantage of the American Cultivator:"

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

Inistioge & Roer.

Upon reading the Petition of the Inhabitants of the Parish of Inistioge and Roer, in the County of Kilkenny, whose Names are thereunto subscribed; praying their Lordships "to avert those incalculable Evils which would be the inevitable Consequences of imposing additional Taxes on Irish distilled Corn Spirits, of assimilating the Stamp Duties of Ireland to those of Great Britain, and of encreasing the Duties on Newspapers and Advertisements on a struggling, poor, but loyal People:"

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

Charitable Estates, Petition of Sir R. Wilmot et al. for Revision of the Law respecting.

Upon reading the Petition of Sir Robert Wilmot of Chaddesden, in the County of Derby, Baronet, Henry Wilmot Esquire, the several other Persons whose Names are thereunto subscribed, being Owners of Estates or Householders in Chaddesden aforesaid, and also of The Reverend Richard Coke Wilmot Clerk, the Officiating Minister, and William Morley, Samuel Goodwin, William Morledge White and John Goodwin, the Churchwardens and Overseers of Chaddesden aforesaid; praying their Lordships "to take into Consideration the great Difficulty (if not Impossibility) and Expence, according to the existing Laws, of obtaining Possession of small Charity Estates, when held by Persons against good Faith and the Trusts under which they obtained Possession, and which in many Cases, as in the present, amounts to a Prevention of Justice:"

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

Crommelin Harbour Bill, Petitions in favor of.

Upon reading the Petition of the Gentry, Chief Owners and others, residing in the Neighbourhood of the Bay of Cushendun, in the County of Antrim, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for establishing and maintaining the Harbour of Port Crommelin, in the Bay of Cushenden, in the County of Antrim;" and praying their Lordships "to pass the proposed Bill, as it will tend to the Improvement of the Country, and the Employment of many Persons at present a Burthen on the Country from want of Employment:"

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

Upon reading the Petition of the Gentry, Ship Owners and others, residing in the Neighbourhood of the Bay of Cushendun, in the County of Antrim, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to pass the proposed Bill, as it will tend to the Improvement of all the adjoining Country, to the Employment of the People, the Investment of Capital in the Country, and the Encrease of the Revenue:"

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

East Retford Election Bill, Witnesses to attend.

Ordered, That John Walker, Sarah Barlow, John Shaw and William Palmer do attend this House forthwith, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford."

Crommelin Harbour Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing and maintaining the Harbour of Port Crommelin, in the Bay of Cushenden, in the County of Antrim."

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 next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Slavery, Petitions from New Sarum, & Dissenters in & near London, for Abolition of.

Upon reading the Petition of the Inhabitants of the City of New Sarum and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That Measures of Amelioration of the Condition of the in Slave Population of His Majesty's Colonial Possessions may be more generally and more effectively extended; that every Obstacle to the ready, fair and just obtaining of Freedom by Manumission or Purchase may be removed; and that, under Parliamentary Sanction, an early Period may be definitively fixed beyond which every Infant born under British Rule shall be declared absolutely free:"

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

Upon reading the Petition of the Deputies from the several Congregations of Protestant Dissenters of the Three Denominations, Presbyterian, Independent and Baptist, in and within Twelve Miles of London, appointed to protect their Civil Rights, whose Names are thereunto subscribed; praying their Lordships, "without Delay, to adopt efficient Measures for the entire and unqualified Abolition of Slavery, and that amongst them their Lordships will especially be pleased to make Provision for declaring free all the Children of His Majesty's Subjects who shall be born after an early Day, to be appointed by Parliament, and for effectually protecting such Children from any Claims that may be made to them as Slaves:"

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

Greenwich Improvement Bill read 2a & committed:

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Improvement of the Town of Greenwich, in the County of Kent, and for the better Regulation of Roan's Charity there."

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 Tuesday the 29th of this instant June, at the usual Time and Place; and to adjourn as they please.

Judges Report referred to the Com ee.

Ordered, That the Report of the Judges, to whom was referred the Consideration of the last-mentioned Bill, be referred to the said Committee.

Consolidated Fund Bill, (£4,000,000.)

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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."

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."

Insolvent Debtors 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 continue for Two Years, and from thence to the End of the then next Session of Parliament, and amend, the Laws for the Relief of Insolvent Debtors in England."

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

"Pr. 2. L. 10. Leave out from ("Act") to ("And") in Line penult.

"Pr. 5. L. 13. Leave out from ("Purposes") to ("And") in Press 8, Line 9.

"Pr. 9. L. 18 & 19. Leave out from ("notwithstanding") to ("And") in Press 10, Line 8.

"Pr. 11. Line 20. Leave out from ("Creditors") to ("And") in Press 12 Line 38.

"Pr. 14. L. 21. After ("State") insert Clauses A. B. C. D. E. F. G. H. I. K. and L.

"Clause A. And be it further enacted, That when and so soon as any Person shall have continued in actual Custody in that Part of the United Kingdom called England, upon any Process or Processes whatsoever, for or by reason of any Debt or Debts, Damages, Costs, Sum or Sums of Money, or for or by reason of any Contempt of any Court whatsoever, for Non-payment of any Sum or Sums of Money, or of Costs, taxed or untaxed, either ordered to be paid, or to the Payment of which such Person would be liable in purging such Contempt, or in any Manner in consequence or by reason of such Contempt, for the Space of Months, and whether such Custody shall have been in One or more Prisons, or in the Rules or Liberties of any Prison or Prisons, it shall be lawful for any Person or Persons claiming to be a Creditor or Creditors of such Prisoner to apply by Petition to the Court for Relief of Insolvent Debtors for an Order compelling the Conveyance and Assignment of the Estate and Effects of such Prisoner in Trust for his or her Creditors, and such Petition shall be signed by the Party or Parties so applying, and shall be supported by the Affidavit of such Party, or of One or more of such Parties if more than One, and by any other Affidavit or Affidavits to be filed in that Behalf, and by such other Means as the said Court shall require; and thereupon it shall be lawful for the said Court, if it shall think fit, upon reading such Petition and such Affidavit or Affidavits, to order such Prisoner to shew Cause to the said Court, or, if it shall think fit, to a Commissioner thereof on his Circuit, by Affidavit of such Prisoner, and of any other Person or Persons, or by any Witness or Witnesses to be examined in that Behalf, why such compulsory Conveyance and Assignment should not be made."

"Clause B. And be it further enacted, That when any such Order to shew Cause as aforesaid shall have been issued, the said Court or a Commissioner thereof shall, if applied to by the Prisoner, in such Case make Order to the Gaoler or Keeper in whose Custody such Prisoner shall be, to bring such Prisoner before the said Court or Commissioner, as the Case may be, in order to shew Cause in Person or to give Evidence against the making of such compulsory Conveyance and Assignment as aforesaid; and such Gaoler or Keeper shall bring such Prisoner accordingly, on Payment of the Expence necessary thereto."

"Clause C. And be it further enacted, That it shall be lawful for the said Court, or a Commisioner thereof on his Circuit as aforesaid, on hearing the Matters of such Application as aforesaid, in manner aforesaid, and examining such Parties and Witnesses as may be produced on either Side, or on no Cause being shewn against such Application, either to dismiss such Application, or to make Order, in such Form as is annexed to this Act, declaring the Prisoner in such Case to be an Insolvent Debtor, and vesting all the Real and Personal Estate and Effects of such Prisoner, as therein expressed, in the Provisional Assignee of the said Court; which Order so made in Form aforesaid shall vest all Estate and Effects expressed therein in the said Provisional Assignee from the Day of the Date of such Order."

"Clause D. Provided always, and be it enacted, That it shall not be lawful to make Order for such compulsory Conveyance and Assignment as aforesaid where the Prisoner shall be under Age, or having been under Age at the Time of the Commencement of his or her Custody, shall have remained in Custody to the Time when such Order shall be applied for, but that any such compulsory Conveyance and Assignment made in any such Case shall be void to all Intents and Purposes."

"Clause E. And be it further enacted, That it shall be lawful for any Prisoner whose Estate and Effects shall have been so conveyed and assigned by such Order as aforesaid, at any Time within Fourteen Days next after the making of such Order, or afterwards, if the said Court shall think reasonable to permit the same, to apply by Petition to the said Court in the same Manner as such Prisoner might have petitioned if such compulsory Assignment had not been made, but without executing any Conveyance or Assignment as required by the said recited Act; and that in such Case all Things shall and may be done at any Time thereafter by the said Court and the Commissioners thereof, and by all Persons, in proceeding upon and in relation to the Matters of such last-mentioned Petition, which might have been done if the same had been filed without such compulsory Assignment previously made as aforesaid: Provided always, that the Title of every Assignee of the Estate and Effects of any such Prisoner shall have relation to the Date of such compulsory Conveyance and Assignment, and not to the Date of such last-mentioned Petition."

"Clause F. And be it further enacted, That before any Prisoner shall be ordered to shew Cause against the making of such compulsory Conveyance and Assignment as aforesaid, the Party applying for the same shall deposit with the said Provisional Assignee a Sum to be fixed by the said Court towards defraying the Taxed Costs which shall be payable by such Prisoner to his or her Attorney for the Charges of prosecuting the Matters of such Prisoner's Petition, in case he or she shall, after the making of such compulsory Conveyance and Assignment, file such Petition as herein-before provided: Provided always, that if such Petition shall not be filed within One Month from the Day of the Date of such compulsory Assignment, such Sum shall be repaid to the Party having so deposited the same, and in any event so much thereof as shall exceed the Amount of such Taxed Costs shall be so repaid: Provided also, that every Sum so expended by such Party as aforesaid shall be repaid to such Party out of the first Monies which shall come to the Hands of the Assignee of such Prisoner's Estate and Effects."

"Clause G. And be it further enacted, That when any such Order of compulsory Conveyance and Assignment shall have been made as aforesaid, the said Court shall cause Notice thereof to be given by Advertisement in The London Gazette and in such Newspaper or Newspapers, and otherwise, to any Person or Persons, as the said Court shall think fit; and in such Notice the Creditors of such Prisoner shall also be desired to make Proof of their Debts in such Manner, and at such Time and Place, as the said Court shall direct, in order to the Appointment by the Court of an Assignee or Assignees of such Prisoner's Estate and Effects; and it shall be lawful for the said Court, at any Time after Notice given as aforesaid, to appoint a proper Person or Persons, being a Creditor or Creditors of such Prisoner, to be Assignee or Assignees of the Estate and Effects of such Prisoner; and when such Assignee or Assignees shall have signified to the said Court the Acceptance of such Appointment, the Estate, Effects, Rights and Powers of such Prisoner, vested in such Provisional Assignee by such compulsory Conveyance and Assignment, as aforesaid, shall immediately be conveyed and assigned by such Provisional Assignee to such Assignee or Assignees, in Form pursuant to such compulsory Conveyance and Assignment, in Trust for the Benefit of the Creditors of such Prisoner in proportion to their respective Debts; and every such Conveyance and Assignment executed by such Provisional Assignee in Form last aforesaid shall vest in such Assignee or Assignees all Estate and Effects expressed in such compulsory Conveyance and Assignment, from the Day of the Date of such compulsory Conveyance and Assignment: Provided always, that every such compulsory Conveyance and Assignment as aforesaid, and a Counterpart of every such Conveyance and Assignment, by such Provisional Assignee, shall be filed of Record in the said Court; and such Proof as by the said recited Act is directed to be recognized and received as sufficient Evidence of the Title of the Provisional and other Assignee and Assignees under that Act shall in like Manner be recognized and received as sufficient Evidence of the Title of the Provisional and other Assignee and Assignees under this Act, without any further Proof given thereof or of any other Proceeding in the said Court."

"Clause H. And be it further enacted, That all Property shall belong to the Provisional or other Assignee or Assignees in any Case appointed under this Act, which would have belonged to him, her or them, as Assignee or Assignees, under and by virtue of a Conveyance and Assignment duly executed and filed in the said Court, by the Prisoner of the same Date as the compulsory Conveyance and Assignment in such Case; and that every Transaction which would have been fraudulent or void, or unavailable, as against Assignees appointed under the said recited Act, shall be in like Manner fraudulent, void and unavailable as against Assignees appointed under this Act."

"Clause I. And be it further enacted, That every Assignee appointed in pursuance of the Provisions of this Act shall duly file Accounts and do all Things for making Distribution of Property in manner directed to be observed by Assignees in the said recited Act, subject to such other Directions as shall in any Case be made by the said Court or a Commissioner thereof."

"Clause K. And be it further enacted, That the said Court and Commissioners, and the Officers of the said Court, shall have all and every the same Powers for the Purposes of this Act as for the Purposes of the said recited Act; and that the Rights, Powers, Duties, Privileges, Liabilities, Remedies and Indemnities of all Persons whatever in respect of any thing which shall in any way arise out of the Provisions of this Act, shall be the same as if it had arisen out of the Provisions of the said recited Act; and that all Provisions and Regulations in the said recited Act contained, for the Proof of Proceedings and for the expediting of Business, and for the Ease and Relief of Parties, where the same shall be applicable to the Matters of this Act, shall be deemed to be Part of this Act for the Purposes thereof as if the same had been so re-enacted herein."

"Clause L. And be it further enacted, That during the Continuance of this Act no Prisoner for Debt shall petition any Court for his or her Discharge under the Provisions of an Act passed in the Thirty-second Year of the Reign of His late Majesty King George the Second, intituled, "An Act for the Relief of Debtors with respect to the Imprisonment of their Persons, and to oblige Debtors, who shall continue in Execution in Prison beyond a certain Time, and for Sums not exceeding what are mentioned in the Act, to make Discovery of and deliver upon Oath their Estates for the Creditor's Benefit;" nor shall any Creditor of any Prisoner during the Period last aforesaid petition any Court for the Exercise of the compulsory Powers given against Debtors under the Provisions of the Act last above mentioned."

"Pr. 17. Line ult. At the End of the Schedule annexed to the Bill, insert Paper A.

"Paper A. Form of compulsory Conveyance and Assignment.

"The Court for Relief of Insolvent Debtors; or,

"At a Court held by Esquire, One of His Majesty's Commissioners for the Relief of Insolvent Debtors, at in the County of on the Day of.

"In the Matter of a Prisoner in

"On the Application of, and on hearing the Matters thereof, after due Notice given to the said, it is declared that the said is an Insolvent Debtor; and it is ordered, in pursuance of the Statute in that Behalf made and provided, that all the Estate, Right, Title, Interest and Trust of the said in and to all the Real and Personal Estate and Effects of the said both within this Realm and Abroad, in Possession, Reversion, Remainder or Expectancy, except the Wearing Apparel, Bedding and other such Necessaries of the said not exceeding in the whole the Value of Twenty Pounds, together with all Deeds, Evidences, and Writings touching and concerning the said Estate and Effects, and every Part thereof, and all future Estate, Right, Title, Interest, and Trust of the said in and to all Real and Personal Estate and Effects, within this Realm and Abroad, which the said shall purchase, or which shall revert, descend, be devised, bequeathed or come to him (or her), in Possession, Reversion, Remainder or Expectancy, before he (or she) shall become entitled to his (or her) final Discharge in pursuance of Adjudication to be made in any Petition to be filed by the said in the Court for Relief of Insolvent Debtors, or in case the said shall obtain his (or her) Discharge from Custody without any such Petition being filed, or without any Adjudication being made in the Matter thereof, then before he (or she) shall be at large and out of Custody, together with all Deeds, Evidences and Writings touching and concerning the same and every Part thereof, and all Debts due or growing due to the said or to be due to him (or her) before he (or she) shall become so entitled or be so out of Custody as aforesaid, shall be and the same are hereby conveyed, assigned, transferred and set over unto Provisional Assignee of the Estate and Effects of Insolvent Debtors in England, as such Provisional Assignee, his Successors and Assigns; to have and to hold, receive and take all and every the said Estate and Effects of the said Real and Personal, in Possession, Reversion, Remainder or Expectancy, of every Nature and Kind whatsoever, except as aforesaid, and all every the said Estate and Effects which shall be so purchased by the said or which shall so revert, descend, be devised, bequeathed or come to him (or her) as aforesaid, in Possession, Reversion, Remainder or Expectancy, of every Nature and Kind whatsoever, conveyed, assigned, transferred and set over, or mentioned or intended or directed by the Statute in that Behalf to be hereby conveyed, assigned, transferred or set over, with their and every of their Rights, Members and Appurtenances, unto the said his Successors and Assigns, according to the respective Natures, Properties and Tenures thereof; in Trust nevertheless to and for the Use, Benefit and Advantage of the Creditors of the said who shall be entitled to share in a Dividend of the said Estate and Effects under the Provisions of the Statutes for the Relief of Insolvent Debtors, and to and for such other Uses, Intents and Purposes, and in such Manner and Form, as are in and by the said Statutes expressed of and concerning the same, as by the said Statutes, Reference being thereunto had, will more fully appear.

"By the Court,

"Clerk.

"Or Commissioner."

Re-committed.

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

Abolition of Fees on Demise of the Crown 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 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."

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 of 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 the 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 of 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, or Stamp Duty in respect of such Re-appointment or Re-grant") and also insert Clauses A. B. and C.

"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."

"Clause C. And be it further enacted, That all Commissions heretofore granted or hereafter to be granted for the taking of Affidavits to be made use of and read in any Court, or for the taking Recognizances of Bail, shall, notwithstanding any Demise of the Crown, remain and continue in force during the Pleasure of any Successor of the Sovereign by whom the same Commissions may have been or may hereafter be granted, until the same shall be revoked or otherwise avoided."

"In the Title of the Bill:

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

The first Amendment made by the Committee to the said Bill, being read a Second Time, was agreed to by the House, with the following Amendment:

"L.6. After ("Office") insert ("Employment")

The Second Amendment made by the Committee to the said Bill, being read a Second Time, was agreed to by the House, with the following Amendments:

"L. 7. Leave out ("or") and in the same Line after ("Commission") insert ("Warrant or other Instrument")

Clause A. added by the Committee to the said Bill, being read a Second Time, was agreed to by the House, with the following Amendments:

"L. 5. Leave out ("Execution") and insert ("passing")

"L. 6. After ("Patent") insert ("Warrants")

"Clause B. and Clause C. added by the Committee to the said Bill, being read a Second Time, were severally agreed to by the House.

The Third and last Amendment made by the Committee to the said Bill, being read a Second Time, was agreed to by the House.

Order for 3d Reading.

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

Bogs Draining (Ireland) Bill reported, & referred to a Select Com ee:

It was moved, That the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for the draining and allotting the "Bogs of Ireland," 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. 2. L. 26. Leave out from ("That") to ("upon") in Line 29.

"L.30. Leave out from ("Proprietor") to ("Bog") in Line 31, and insert ("or Proprietors of Two Thirds of the Extent of any") and in Line 31 after ("Ireland") insert ("accompanied by a Map or Plan of such Bog and of the Works necessary for draining the same, and an Estimate of the Expence thereof, it shall be lawful for such Lord Lieutenant, if he shall think fit so to do")

"L. 37. Leave out ("the") and insert ("such")

"L. 38. Leave out ("whereof such Portion is a Part").

"Pr. 3. L. 7. Leave out ("cause") and insert ("direct")

"L. 32. After ("fit") insert Clauses A. B. C. D. and E.

"Clause A. Provided always, and be it enacted, That it shall and may be lawful for The Lord Lieutenant of Ireland, whenever any such Application shall be made, and he is hereby authorized, in his Discretion, before granting any such Application or appointing any such Commissioners, to refer every or any such Plan and Estimate for Examination to any Engineer to be named or appointed by such Lord Lieutenant of Ireland; and the Expence of every such Plan and Estimate, and of every such Examination, shall be defrayed by such Applicant or Applicants; and upon the Report of any such Engineer it shall be lawful for such Lord Lieutenant to grant such Application, and to appoint any Commissioner or Commissioners in pursuance thereof, or to refuse so to do, as such Lord Lieutenant shall in his Discretion think fit and proper."

"Clause B. Provided also, and be it enacted, That due Notice of any such Application to The Lord Lieutenant of Ireland be inserted in some one Newspaper published in the County in which such Bog is situated Forty-one Days previous to such Application, and shall be signed by the Parties making such Application."

"Clause C. And be it further enacted, That before any Commissioner or Commissioners shall be appointed by any Lord Lieutenant of Ireland for the Purposes of this Act upon any such Application as aforesaid, in Cases where such Lord Lieutenant shall signify his Intention to appoint such Commissioner or Commissioners, the Applicant or Applicants for such Commission shall enter into Bond to The Vice Treasurer of Ireland, with One or more sufficient Surety or Sureties, as shall be directed and required by such Lord Lieutenant of Ireland, in a Penalty equal in Amount to the estimated Expences of the Works proposed, with a Condition that the Commissioner or Commissioners to be so appointed shall well and truly expend and apply all Sums of Money applicable to the Purposes of this Act which shall come to the Hands of the said Commissioners; and that the said Commissioners shall submit an Account of the Receipt and Expenditure of all Monies applicable to the Purposes of this Act to be examined and audited by The Vice Treasurer of Ireland, or by any Person or Persons to be for that Purpose named and appointed by such Vice Treasurer to audit and examine such Accounts, at such Times and in such Manner as shall be expressed in such Bond, according to the Directions and with the Approbation of The Vice Treasurer of Ireland for the Time being."

"Clause D. And be it further enacted, That, if for the Completion of the Drainage of any Bog which shall be commenced or intended under the Provisions of this Act, any Sum or Sums of Money shall be required or found necessary beyond the Amount specified in any such Estimate as aforesaid, it shall not be lawful to proceed in any Works for the carrying into Effect or for the Completion of such Drainage, unless nor until the Applicant or Applicants for such Commission, or the Commissioner or Commissioners appointed for the Execution of such Commission, shall submit to The Lord Lieutenant of Ireland a new and further Estimate, (and a new and further Plan, if necessary,) specifying the additional Sum required, and the additional Works, if any, proposed for the Completion of such Drainage; nor unless nor until the Applicant or Applicants for such Commission, or the Commissioner or Commissioners for executing the same, or some other Person or Persons interested in such Drainage, and approved of by The Lord Lieutenant of Ireland, shall enter into a new and further Bond to The Vice Treasurer of Ireland for the due Expenditure and Application of such further Sum of Money in the Completion of such Drainage, and for the submitting the Accounts relating to the same to be examined and audited in manner aforesaid."

"Clause E. And be it further enacted, That every such Account which shall be presented to be audited or examined by The Vice Treasurer of Ireland, or by any Person or Persons authorized by such Vice, Treasurer, shall be accompanied by a Report from the Commissioner or Commissioners for the Execution of this Act, of the Progress made in draining the Bog to which such Account shall relate; and such Commissioner or Commissioners shall and is and are hereby required to make out such Report, and produce or present the same, or cause the same to be produced or presented, to such Vice Treasurer, and shall report and state the whole of the Progress made in the Works necessary for the Drainage of such Bog from the Date of the Commission of such Commissioners, or from the Date of any previous Report of such Commissioners, as the Case may require, until such Works shall be fully completed, or shall state what further Works are necessary or in progress, and within what Time the same are likely or purposed to be completed, together with all such Information respecting such Bog, and the Works relating thereto, as shall be required by or on behalf of such Vice Treasurer, or the Person or Persons auditing the Accounts of the said Commissioners; and every Report shall contain or refer to such Plans and Drawings as shall be necessary for the truly understanding the same, and the Progress of the Works referred to therein; and such Report and Plans and Drawings shall be taken into Consideration, and shall be consulted and referred to for the Explanation and Justification of the Accounts of the said Commissioners so to be examined and audited as aforesaid: Provided always, that all the Expences of the auditing of such Accounts shall be defrayed out of the Monies at the Disposal of such Commissioners."

"Pr. 4. L. 17 & 18. After ("Commissioners") insert ("provided always, that such special Commissioner shall not be entitled to any Payment or Allowance under this Act, except only for such Days as he shall be employed as such special Commissioner")

"Pr. 7. L. ult. Leave out ("to be their Clerk")

"Pr. 8. L. 23. Leave out ("One Shilling") and insert ("Sixpence").

"L. 34. After ("which") insert ("Allowance not exceeding the")

"L.35. Leave out ("One Shilling") and insert ("Sixpence")

"Pr. 10. L. 17. Leave out ("and Clerk")

"L. 26. Leave out ("or Clerk")

"Pr. 11. L. 1. Leave out ("and Clerk")

"L. 7. Leave out ("or a Clerk")

"L. 12. Leave out from ("Surveyor") to ("to") in Line 13.

"L. 37. Leave out from ("Commissioners") to ("shall") in Line 38.

"Pr. 12. L. 7. Leave out from ("Commissioners") to ("were") in Line 8.

"L. 26. Leave out. ("or their Clerk")

"L. 33. Leave out ("and their Clerk")

"Pr. 13. L. 6. Leave out from ("Commissioners") to ("previous") in Line 7.

"L. 16. Leave out ("or Clerk")

"L. 19. Leave out ("or Clerk")

"Pr. 15. L. 10. After ("Church") insert ("or Chapel")

"Pr. 17. L. 37. Leave out from ("allotted") to ("be") in Press. 18, Line 1, and insert ("may")

"Pr. 18. L. 31. After ("respectively") insert ("Provided always").

"L. 32. After ("That") insert ("such Survey, Admeasurement, Plan and Valuation shall not be made by such Commissioners, except in Cases where the same shall be absolutely requisite, nor without the express Order, Direction or Approbation of The Lord Lieutenant of Ireland, and that")

"Pr. 19. L. 7. After ("Parliament") insert ("or any Map or Plan made in manner required by this Act at the Time of the Application for any Commission for the Execution of this Act"),

"L. 18. Leave out from ("aforesaid") to ("And") in Line 33.

"Pr. 20. L. 10. Leave out ("other") and in the same Line leave out from ("Lands") to ("to") in Line 15.

"L. 16. After ("allotted") insert ("and in, through, upon and over any Lands necessary to be entered, taken or used for the draining such Bog so intended to be drained and allotted")

"L. 38. Leave out from ("thenceforth") to ("Trustees") in Line penult, and insert ("until")

"Pr. 21. L. penult. After ("County") insert ("or Counties or either; of them")

"Pr. 23. L. 35. After ("Claimants") insert ("or any other Person or Persons")

"Pr. 26. L. penult. Leave out from ("thereof") to ("it") in Press 27, Line 5.

"Pr. 33. L. 34. Leave out from ("any") to ("Claimants") in Line 37.

"Pr. 34. L. 16. Leave out from ("pay") to ("and") in Line 21, and insert ("such Compensation as shall be awarded by any One or more Justice or Justices of the Peace, and who is hereby authorized to award the same")

"L. 24. Leave out from ("by"), to ("Justices") in Line 25, and insert ("such Justices or")

"L. 26. Leave out ("of the County")

"L. 31. Leave out ("the Penalty imposed thereon") and insert ("such Compensation")

"L. 35. Leave out from ("necessary") to ("to") in Line 37.

"L. 38. Leave out ("Penalty") and insert ("Compensation")

"Pr. 35. L. 5. Leave out from ("Chattels") to ("And") in Line 32.

"L. 37. After ("several") insert ("Counties")

"Pr. 36. L. 13. After ("such") insert ("Counties")

"L.19. After ("such") insert ("Counties")

"Pr. 37. L. 5. After ("County") insert ("or either of the Counties")

"Pr. 45. L. 33. After ("Person") insert ("to be recovered and levied by Distress upon the Goods and Chattels of the Person or Persons liable to pay such Expence under a Warrant of Two Justices of the Peace of the County, who, on Application are hereby authorized and required to grant the same")

"Pr. 46. L. 23. Leave out from ("distraining") to ("and") in Line 28, and insert ("such Compensation as shall be awarded by any One or more Justice or Justices of the Peace, and who is hereby authorized to award the same")

"L.38. Leave out from ("the") to ("to") in Line penult, and insert ("Compensation awarded").

"Pr. 47. L. 2. Leave out from ("fit") to ("to") in Line 7.

"L. 8. Leave out from ("paying") to ("as") in Line 9, and insert ("such Compensation")

"Pr. 48. L. 24. Leave out from ("allotted") to ("And") in Press 49, Line 35.

"Pr. 49. L. 38. After ("Act") insert ("according to any Estimate to be furnished in pursuance of this Act")

"Pr. 50. L. 19. Leave out from ("the") to ("and") in Line 21, and insert ("Value of the Bog to be drained and allotted")

"L. 27. After ("respectively") insert Clause F.

"Clause F. Provided always, and be it enacted, That it shall not be lawful for any Commissioners for the Drainage of any Bog, in pursuance of this Act, to raise or receive any Sum or Sums of Money for the Purposes of this Act, of for defraying the Expences of this Act, by any such Rate or Sale or otherwise, further or other than or beyond the Amount specified in any original or other Estimate or Estimates of the Expence of such Drainage made in pursuance of this Act, and approved and authorized by The Lord Lieutenant of Ireland in manner herein-before required by this Act, any thing herein-before contained to the contrary notwithstanding."

"L. 37. After ("thereon") insert ("and also in proportion to the Benefit to be derived from such Drainage")

"Pr. 51. L. 28. Leave out ("of the Goods and Chattels") and insert ("upon the Share or Property in such Bog or any Allotment thereof")

"L. 31. Leave out ("wheresoever")

"L. 33. Leave out from ("Demand") to ("or") in Press 52, Line 4.

"Pr. 52. L. 9. Leave out from ("of") to ("the") in Line 10, and insert ("such Allotment of")

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

"L. 16. Leave out from ("Proportions") to ("and") in Line 25.

"L. 29. Leave out from ("of") to ("shall") in Line 30, and insert ("such Allotment")

"Pr. 55. L. 10. Leave out ("Lands") and insert ("Bog").

"Pr. 57. L. 17. Leave out ("Lands") and insert ("Bog")

"Pr. 61. L. 25. After ("Commissioners") insert ("with the Consent and Approbation of The Lord Lieutenant of Ireland")

"L. 31. Leave out from ("of") to ("any") in Line 32, and insert ("the Bog as aforesaid")

"Pr. 65. L. 7. Leave out ("Twenty") and insert ("Sixty")

"Pr. 68. L. 14. Leave out from ("payable") to ("And") in Press 69, Line 2.

"Pr. 70. L. 11. After ("the") insert ("County or Counties and")

"Pr. 71. L. 7. After ("County") insert ("or Counties")

"Pr. 73. L. 17. After ("situated") insert ("or such other

Lands as the Commissioners may think necessary for carrying this Act into Execution")

"Pr. 80. L. ult. After ("County") insert ("or Counties")

"Pr. 81. L. 11 & 12. After ("Proprietors") insert ("of such Bog")

"L. 29. After ("Five") insert ("or more")

"Pr. 82. L. 4. After ("them") insert ("for the Space of Three Years from the Time of their Appointment, and such Trustees or others may be re-elected for the like Period in case the same shall be thought necessary")

"Pr. 87. L. 8. Leave out from ("of") to ("intended") in Line 10, and insert ("the Bog")

"Pr. 88. L. 13. Leave out from ("require") to ("from") in Line 30.

"Pr. 95. L. 38. Leave out ("Date of the Award") and insert ("same shall have been so examined, balanced and published")

"Pr. 98. L. ult. After ("Law") insert Clause G.

"Clause G. And be it further enacted, That it shall not be lawful for the said Commissioners or Trustees to take or make use of or enter upon any Domain, Park, Garden, Yard, planted Walk, or Avenue to a House, or any enclosed Ground planted as an Ornament or Shelter to a House, or planted and set apart as a Nursery for Trees or any Part thereof respectively, without the Consent of the Owner or Proprietor thereof first had and obtained."

"Pr. 99. L. 22. Leave out the Interlineation.

"L. 27. After ("being") insert ("Proprietor or")

"L. 28. Leave out ("Lands") and insert ("Two Thirds in Extent of the Bog lying")

Then it was moved, "That the said Bill be referred to a Select Committee, to consider and report."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the Lords following be appointed a Select Committee to consider the said Bill, and report thereupon to the House:

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

Com ee to appoint a Chairman.

Ordered, That the said Committee do appoint their own Chairman.

Hickson's Marriage Annulling Bill.

The Order of the Day being read for the further Consideration of the Bill, intituled, "An Act to declare void an alleged Marriage between Elizabeth Hickson, an Infant, and Thomas Buxton;" and for the Lords to be summoned;

Counsel were accordingly called in.

Then Miss Elizabeth Hickson was called in and sworn.

Mr. Pollock objected to the Examination of the Witness; and was heard in support of his Objection.

Mr. Adam was heard in support of her Evidence being received.

The Counsel and Witness were directed to withdraw.

It was moved, "That the Witness be called in."

The Question was put thereupon?

It was resolved in the Affirmative.

The Counsel were again called in; and informed, "That they might proceed with the Examination of the Witness."

The Witness was again called in, and examined as follows:

(Mr. Adam.) "You are the Daughter of Mrs. Wayte?"

"Yes."

"Where does your Mother live?"

"At Stenson."

"She is now the Wife of Mr. Wayte?"

"Yes."

"Where do you reside at present, when you are at Home?"

"I am now at Mr. Moore's, in Milk Street."

"Do you reside with your Mother, Mrs. Wayte, when you are residing at Home?"

"Yes."

"How long have you done so?"

"I have always lived with my Mother."

"Ever since you left School?"

"Yes."

"When did you leave School; how long ago?"

"I left at Lady-day 1827."

"Whose School were you at last?"

"At Miss Edwards's?"

"How long were you there?"

"A Year and a Quarter."

"Were you a Parlour Boarder there?"

"No; Miss Edwards does not take Parlour Boarders."

"Had you been at any School before that?"

"Yes."

"Where was that?"

"The last was at Miss Moss's."

"How long before you went to Miss Edwards's had you left Miss Moss's did you go from the one to the other directly?"

"Yes."

"Were you a Parlour Boarder at Miss Moss's?"

"Yes."

"Did you know a young Person at Miss Moss's School named Mary Ann Buxton?"

"Yes."

"Was Mary Ann Buxton older than you?"

"I believe she was about Two Years older than I was."

"Was Mary Ann Buxton a Parlour Boarder or a common Boarder?"

"She was a common Boarder."

"How long were you at School with Mary Ann Buxton?"

"A Year."

"Did any Intimacy arise between Mary Ann Buxton and you?"

"Yes; I became very much attached to her."

"Did that Attachment continue after you had left School?"

"Yes."

"Were you in the habit of seeing Mary Ann Buxton after you left Miss Edwards and went to live with Mrs. Wayte at Stenson?"

"Yes, I was."

"Did Mr. and Mrs. Wayte see the Family of the Buxtons; did they visit them at all?"

"They did, a little before the Death of Mr. Buxton."

"How long ago was the Death of Mr. Buxton; do you remember how long before you returned from Miss Edwards's School to Stenson?"

"I believe that Mr. Buxton died before I left Miss Edwards's."

"How long, do you think; was it a few Months, do you think?"

"I think it was."

"After Mr. Buxton's Death, did your Mother, Mrs. Wayte, ever visit Mrs. Buxton or her Family?"

"She once drank Tea there after Mr. Buxton's Death."

"Do you know whether, at any Time after this, the Intercourse between Mrs. Wayte and Mrs. Buxton's Family was broken off, except as to Mary Ann and yourself?"

"Yes; it was entirely broken off."

"Do you mean by that, that you were not permitted to see Mary Ann any longer, or that you were permitted to see Mary Ann?"

"I was permitted to see Mary Ann."

"Used you to see her frequently, or only occasionally, after that?"

"I saw her frequently after that."

"How long after you left School and went to live at Stenson was it before you became acquainted with Thomas Buxton?"

"I had seen Thomas Buxton occasionally when I had called upon his Sister, but he never had shewn me the least Marks of Attention until the March before my Marriage."

"Were you at all familiarly acquainted with Thomas Buxton at that Time?"

"No."

"When did you first become more intimately acquainted with Thomas Buxton?"

"I received a Note from Thomas Buxton in the March of 1828."

"Have you got that Note, or what has become of it?"

"It has been destroyed."

"What did you do with the Note?"

"I put it into the Fire."

"Did you shew it to any body before you destroyed it?"

"I shewed it to my Mother."

"Do you recollect what the Note stated?"

"It was professing Affection."

"Do you recollect the Terms in which that Affection was expressed?"

"I cannot recollect the whole Note."

"Do you recollect any Part of it?"

"No."

"When you shewed the Note to your Mother, what did she say?"

"She very much disapproved of Mr. Buxton; and I told my Mother that I was quite aware that the Note required no Notice."

"Did you, in consequence of that, take no Notice of it?"

"The next Time I saw Mr.Buxton, I told him I had shewn the Note to my Mother."

"How long was it after you had shewn the Note to your Mother that you saw Mr. Buxton again?"

"It was in a few Days."

"Did you say any thing else to Mr. Buxton when you told him you had shewn the Note to your Mother?"

"I told him I had promised my Mother that I should not think any thing more of the Note."

"Did you say any thing else to Mr. Buxton as to what your Mother had said to you?"

"I told him that my Mother very much disapproved of it."

"Were you at all familiarly or intimately acquainted with Thomas Buxton at this Time?"

"I had not seen him very often."

"Upon those Occasions when you had seen him, had you seen him in familiar Intercourse, or only as a casual Acquaintance?"

"Merely as a casual Acquaintance."

"What took place upon that second Occasion, when you met Buxton, and told him you had promised your Mother to take no more Notice of the Note?"

"He said I should not have shewn it to my Mother, and he hoped I would not keep to my Determination."

"What did you say to that?"

"I told him I should."

"Did you say any thing more to Buxton upon that Occasion?"

"No."

"Where was it you saw Buxton upon this second Occasion?"

"I saw him when I was riding."

"Were you riding by yourself, or accompanied by any Servant, upon that Occasion?"

"I was riding alone."

"How far from Stenson was it you were riding upon that Occasion?"

"A very short Distance."

"Is Stenson a very retired Village?"

"Yes, it is."

"Does any Public Turnpike Road or great Road pass through it?"

"No, there does not."

"Are there many Persons inhabiting the Village?"

"Not a great many."

"Is it then a quiet and retired Village?"

"Yes."

"Do you know a Person of the Name of Redfearn?"

"Yes."

"What is Mr. Redfearn?"

"He is a small Farmer."

"Has Mr. Redfearn a Wife and Family?"

"Yes."

"Are the Children young?"

"Yes; some of them are very young."

"Were you in the habit of giving them Books and little Articles of Toys and Amusements?"

"Yes."

"Were you in the habit of getting Flowers from Redfearn's Garden?"

"Yes."

"Did those Circumstances lead to your going to Redfearn's Garden?"

"Yes."

"Do you remember, on any Occasion, seeing Buxton there?"

"Yes; I had occasionally seen him there."

"You used to go from Time to Time to Redfearn's upon those Occupations?"

"Yes."

"And occasionally Buxton has come there?"

"Yes."

"Did he come accidently, so far as you knew?"

"So far as I knew."

"Could any Person have known you were in the habit of going there from Time to Time?"

"I do not know, indeed."

"Do you remember Buxton seeing you at any Time there when any thing occurred?"

"I remember once his giving me a Letter there, in Three or Four Weeks afterwards."

"Do you mean in Three or Four Weeks after he gave you the first Letter?"

"Yes."

"What did you say?"

"I refused to take it."

"What did you do with the Letter?"

"I destroyed it."

"Did you take it from him at the Time, and destroy it in his Presence, or did you receive it, and have you destroyed it since?"

"I have destroyed it since."

"Did you at the Time receive it from Buxton?"

"Yes, I received it from Buxton."

"How came you to receive it from Buxton, when you had told him you would not do so?"

"Because he told me that if I would receive it he would never mention the Subject to me any more."

"Was that the Reason why you received the second Letter?"

"Yes."

"How soon after you received it did you destroy it?"

"I destroyed it shortly afterwards."

"Do you remember his making any Application to you at that Time?"

"He hoped I should not continue in the same Mind; if I did, he should be the most miserable Man on Earth."

"What did you say to that?"

"I told him I should keep to my Resolution; that was the Reason that I had taken his Letter."

"Did any thing else pass upon that Occasion?"

"He told me not to shew the Letter to my Mother."

"What did you say to that?"

"I promised I would not, if he would not mention the Subject to me any more."

"What did he say; did he promise not to trouble you any more?"

"He said he was afraid he could not help it."

"Did any thing else then pass between you and him upon that Occasion?"

"Nothing more passed."

"Do you recollect his saying any thing else to you upon that Occasion; any further Conversation about what would happen if you did not take Letters?"

"He said, if I would not have any thing to do with him, might he write to me."

"What did you say to that?"

"I told him he might not."

"Did you part upon that from him, or did any thing else occur?"

"I do not remember any thing else.

"How soon after that do you think you saw him again?"

"I do not remember."

"Where do you think it was that you saw him next?"

"I think it was in the Village."

"Where was he; had you any Conversation with him upon that Occasion in the Village?"

"He asked me whether I had shewn the Letter to my Mother."

"Did he address himself to you, and ask you that?"

"Yes."

"What did you say?"

"I told him I had not, on account of his Promise."

"What did he say then?"

"He said that he hoped I did not mean to continue in the same Mind."

"Had you any further Conversation with him upon that Occasion?"

"I do not remember any thing else."

"How soon after that Conversation was it that you saw him again; did he come to you more frequently than he had done before?"

"Whenever I was out he used to try to come to me."

"How do you mean that he used to try to come to you; what made it difficult for him to join you?"

"Whenever I used to be going any where near where he was, he used to come up to me."

"When he used to come up to you, what did he do?"

"He always used to speak to me."

"When he spoke to you, what did you do or say?"

"He always began upon this Subject of his Letters."

"When he began upon the same Subject, did you give him any Answer; what did you say to him?"

"I always begged he would not say any thing more to me upon the Subject."

"Do you remember at any Time after this hearing, I do not ask you what, but hearing a Conversation between your Mother and Mr. Wayte upon the Subject of the Buxtons?"

"Yes, I do."

"After that do you remember having seen Buxton?"

"Yes, I saw him the next Day."

"Did he come to speak to you on that next Day?"

"Yes."

"What passed between you and him?"

"I told him my Mother and Mr. Wayte had had a Conversation about his Family on the Evening before, and that I was quite sure they would be very angry if they knew of my talking to him."

"What did he say to that?"

"Some Person came up; he pressed me to tell him something more about it, and asked me where I should be riding next Day."

"Did you give any Answer to that?"

"I told him, upon the Derby Road."

"Had you any Reason for telling him that?"

"I told him on account of his not being so troublesome."

"What do you mean by, on account of his not being so troublesome?"

"On account of his always, when he saw me, mentioning the Subject to me."

"After that, did he go away?"

"Yes."

"When did you see him again?"

"The next Morning."

"Did any thing pass between, you then?"

"I told him the Conversation my Mother and Mr. Wayte had had."

"Again?"

"Yes."

"What more did you say?"

"I begged that he would never mention the Subject to me, for I was quite sure they would be very angry."

"What else took place at that Interview?"

"He said he hoped I should not be so unfeeling, as to do so; that he should be the most miserable Man on Earth, and he should be obliged to leave Stenson and the Country, it would make him so unhappy."

"What did you say to that?"

"I told him that was my Determination."

"What did he say upon that?"

"He said he hoped not; and he used a great many Persuasions to urge me to marry him."

"Was that the first Time he had ever mentioned Marriage?"

"That was the first Time he had ever mentioned any Plan for his Marriage."

"What did he say upon that Occasion; recollect it as well as you can?"

"He told me that his Plan was to be married at Manchester, at the told Church."

"Was that the first Time he had ever mentioned Marriage to you?"

"Yes; any Plan of Marriage."

"Had he ever mentioned the Subject to you before?"

"He had continually urged me to consent to marry him."

"How long before he mentioned this Plan to you was it that he first urged you to consent to marry him?"

"Ever since the Receipt of the first Letter."

"Do you mean to state to their Lordships, that that was the Subject of the Conversation he was always urging upon you at those Interviews you had with him?"

"Yes."

"And which you were always saying would give Offence to your Mother?"

"Yes."

"And you were desiring him to desist from it?"

"Yes."

"When he mentioned this Plan of being married, what did you say, or did you say any thing?"

"I at length consented."

"Do you mean that you consented at that Interview, the Time when he mentioned the Plan of being married at Manchester?"

"Yes."

"Can you state how long had elapsed between your giving your Consent to be married and the first Time he mentioned it to you; how many Weeks had elapsed?"

"It was on the 13th of May that I consented."

"Do you recollect when it was that he first made his Proposals to you?"

"I believe the first Note I had was in March."

"Am I to understand that from March until the 13th of May he was from Time to Time, when he saw you, renewing this Proposal to you?"

"Yes."

"And that you were making your Objections to it in the Way you have stated?"

"Yes."

"Did he say any thing else about his Plan of going to Manchester?"

"He said he intended to go to a Friend of his, a Mr. Swindell, in Manchester."

"What was to be done there?"

"He did not say what was to be done there."

"What did he say?"

"He said he should go to Manchester on the following Saturday."

"Did he say any thing else?"

"He said that his Sister, Mary Ann Buxton, would go with us."

"Did he say any thing more?"

"He said he was quite sure my Friends would soon forgive me, and that he was quite sure I should be very happy."

"Did he say any thing about where and how you were to live?"

"He said his Mother would allow him £200 a Year and the Farm; that his Mother would live at Wardgate, and his Sister Mary Ann at Stenson."

"After he had said this, what did you say; do you recollect what Answer you gave to all this?"

"I asked how I was to go to Manchester."

"What did he say?"

"He said that I must get Leave to go to Derby for Two or Three Days, and instead of that go with him to Manchester."

"Was this the first Time that you ever consented to marry Buxton?"

"Yes."

"When he proposed this Plan of going to Manchester?"

"Yes."

"Up to that Time, I understand, you had always refused?"

"Yes."

"After that, did Buxton and you separate?"

"Yes."

"What became of him?"

"He went on to Derby."

"Where did this Conversation take place?"

"On the Derby Road."

"What became of you?"

"I went on afterwards to Derby too."

"Were you upon your Road to Derby at the Time you fell in with Buxton, and this took place?"

"Yes."

"After this, did you see Mary Ann Buxton?"

"The same Day."

"Did any thing pass between you and Mary Ann Buxton?"

"I told her that her Brother had made me a Proposal."

"What more did you say?"

"She said she was not at all surprised at it."

"Did any thing more pass between you then?"

"Nothing more that I remember."

"Did you afterwards see Mary Ann Buxton again?"

"Yes."

"Did any thing pass between you then?"

"She told me that her Brother had told her his Plan, and that he was going to Manchester on the next Saturday, that the Sunday might not be lost."

"What did you say to that?"

"I asked what that signified."

"What did Mary Ann say?"

"She said the Banns were to be published."

"Any thing else?"

"She asked if I had any Friends in Manchester."

"What did you say?"

"I said I believed there were People in Manchester that knew me."

"Did any thing else pass upon that Occasion?"

"Mary Ann Buxton asked me whether I had any Friends at Coventry."

"What did you say to that?"

"I said I had not."

"Was any thing else said at that Time?"

"She said her Brother could not get a Licence, because if he did he must swear that I was of Age."

"What more did she say?"

"And that my Appearance would shew that I was not."

"Did you hear any thing else said about Banns, or the Way in which the Marriage was to be accomplished?"

"She said that she would tell her Brother that I had Friends in Manchester, and ask what else could be done."

"Did she say any thing else?"

"She begged that I would keep it a Secret from my Mother?"

"Did any thing else pass upon that Occasion with Mary Ann Buxton?"

"No."

"Do you remember seeing her again about this Time?"

"Yes; I saw her shortly after that."

"When you saw her again shortly after that, was there any Conversation between Mary Ann and you about the Time of the Publication of those Banns?"

The Counsel and Witness were directed to withdraw.

"It was moved, "That the 26th Section of the Marriage Act of the 4th of George the 4th, Chapter 76, be now read."

The same was accordingly read by the Clerk as follows:

"Provided always, and be it further enacted, That after the Solemnization of any Marriage under a Publication of Banns, it shall not be necessary, in support of such Marriage, to give any Proof of the actually dwelling of the Parties in the respective Parishes or Chapelries wherein the Banns of Matrimony were published; or where the Marriage is by Licence, it shall not be necessary to give any Proof that the usual Place of Abode of one of the Parties, for the Space of Fifteen Days as aforesaid, was in the Parish or Chapelry where the Marriage was solemnized; nor shall any Evidence in either of the said Cases be received to prove the contrary in any Suit touching the Validity of such Marriage."

Then it was moved, "That the further Consideration of the said Bill be adjourned."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the further Consideration of the said Bill be put off sine Die.

Adjourn.

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