House of Lords Journal Volume 62: 21 June 1830

Die Lunæ, 21 Junii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

After hearing Counsel fully 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 Consideration of the said Cause be put off sine Die.

Newall & Inman v. Thomson et al:

After hearing Counsel this Day upon the Petition and Appeal of Walter Newall, Architect in Dumfries, and John Inman, formerly Teller in the Bank of Scotland's Office in Dumfries, now Merchant and Accountant there; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 29th of May (signed 30th May) 1828, except in so far as it finds no Expences due to the Respondents; and praying, "That the same might be reversed, varied or altered, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of William Thomson, John M'George, Henry M'Minn, Robert Armstrong, Allan Anderson, Thomas M'Keag, James Thomson, Samuel Primrose, James Bendall, James Reid, Robert M'Pherson, William Grierson, James Martin, James M'Whirr, William Dinwiddie, Adam Rankine and John Sinclair, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutor Reversed.

It is Ordered, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor, so far as complained of in the said Appeal, be, and the same is hereby Reversed.

Mac Allister v. Mac Allister et al.

Ordered, That the Hearing of the Cause wherein Colonel Mathew Mac Allister is Appellant, and Angus Mac Allister, and others, are Respondents, which stands appointed for this Day, be put off to Wednesday next.

The Amicable Society v. Bolland et al.

Ordered, That the Cause wherein The Amicable Assurance Society are Appellants, and James Bolland, and others, are Respondents, be heard by Counsel at the Bar on Wednesday next.

Consolidated Fund Bill: (£4,000,000.)

Hodie 3^a vice lecta est Billa, 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."

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

It was resolved in the Affirmative.

Beverley Road Bill:

Hodie 3^a vice lecta est Billa, 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."

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 Mr. Harvey and Mr. Stratford;

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

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

Upon reading the Petition of the Bankers, Merchants and other Inhabitants of the Town of Leicester, whose Names are thereunto subscribed; praying their Lordships to substitute other Penalties than that of Death for Crimes against Property, adapted to the enlightened Age in which we live, and worthy of a Christian Country, and which, being accordant with Public Feeling, shall become more certain of Infliction, by the uniform Co-operation of the Court, the Prosecutor, Witnesses and Jury:"

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

Ipswich:

Upon reading the Petition of the Inhabitants of Ipswich and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to take the Laws inflicting the Punishment of Death into further Consideration, in order to the expunging such Punishment from the Statute Book in all Cases where Property is alone concerned:"

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

Braintree & Bocking:

Upon reading the Petition of the Persons whose Names are thereunto subscribed, being the Magistrates, Clergy and Inhabitant Householders of the Towns of Braintree and Bocking, in the County of Essex, and their Vicinity; praying their Lordships "to pass the Bill for remitting the Punishment of Death in all Cases of Forgery, except in that of Wills, without any further Qualification:"

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

Kingshead Lane Chapel, Northampton:

Upon reading the Petition of the Members of a Congregation of Protestant Dissenters assembling for Worship at the Unitarian Chapel, Kingshead Lane, Northampton, whose Names are thereunto subscribed; praying their Lordships, "That the Bill for doing away with the Punishment of Death in most Cases of Forgery may pass into a Law:"

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

Falmouth:

Upon reading the Petition of the Ministers and Members of the Methodist, Independent and Baptist Congregations in the Town of Falmouth, in the County of Cornwall, whose Names are thereunto subscribed; praying, "That their Lordships will grant their Sanction to the Bill for the Prevention of Forgery in its present amended Form:"

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

Chesham:

Upon reading the Petition of the Persons whose Names are thereunto subscribed, Inhabitants of Chesham and its Vicinity, in the County of Buckingham; praying, "That their Lordships will repeal those Statutes, or such Parts of them, as have the Penalty of Death annexed to the Offence of Forgery; that in future, whatever Punishment may in their Lordships Wisdom be demanded, they will spare the Life of the Offender:"

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

Dissenters, Halsted:

Upon reading the Petition of the Protestant Dissenters of the Town of Halsted, in the County of Essex, whose Names are thereunto subscribed; praying their Lordships "to enact some other Penalty in lieu of Death for Crimes against Property, where no Violence is offered to the Person, sufficiently severe to deter from the Commission of Crime, and prevent the premature Sacrifice of Human Life:"

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

Mayor, &c. of Maidenhead:

Upon reading the Petition of the Mayor, Burgesses and Inhabitants of Maidenhead and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to make such Alteration in the present Bill, on the Subject of Forgery, as will totally abolish the Punishment of Death for that Crime:"

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

Wakefield:

Upon reading the Petition of the Magistrates, Bankers, Merchants and others of the Town of Wakefield, in the County of York, and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to substitute in the Bill now before them for the Prevention of the Crime of Forgery, instead of the severe Infliction of Death, such milder Punishment as to their Wisdom and Justice may appear most expedient:"

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

Methodists, Settle:

Upon reading the Petition of the Members of the Congregation of Wesleyan Methodists resident in Settle, whose Names are thereunto subscribed; praying their Lordships "to pass the Bill for the Purpose of abolishing the Punishment of Death for the Crime of Forgery, and substituting Transportation, into a Law:"

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

Persons subscribing:

Upon reading the Petition of the Persons whose Names are thereunto subscribed; praying, "That their Lordships will not withhold from them that Protection to their Property which they would derive from a Punishment for Forgery more lenient than that of Death, which the Public and the Petitioners would then think it their Duty to enforce:"

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

North Gate St. Chapel, Bury St. Edmunds:

Upon reading the Petition of the Members of the Congregation of Protestant Dissenters of the Independent Denomination assembling at North Gate Street Chapel, Bury Saint Edmunds, whose Names are thereunto subscribed:

Halesworth:

And also, Upon reading the Petition of the Persons resident in Halesworth and its Vicinity, whose Names are thereunto subscribed; severally praying their Lordships "to pass a Law by which the Punishment of Death shall be abolished in all Cases of Forgery, substituting such Penalty commensurate to the Offence as shall commend itself to the conscientious Feeling of the Community:"

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

St. Mary's Square Chapel, Bury St. Edmunds.

Upon reading the Petition of the Wesleyan Methodists assembled at the Chapel, St. Mary's Square, Bury St. Edmunds, whose Names are thereunto subscribed; praying their Lordships "to interpose, by their Wisdom and Mercy, against the farther Operation of an unjust and sanguinary Law regarding Forgery:"

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

St. Thomas's Square Chapel, Hackney:

Upon reading the Petition of the Members of the Congregation of Protestant Dissenters assembling in the Chapel of Saint Thomas's Square, Hackney, whose Names are thereunto subscribed; praying their Lordships "to repeal such Parts of the Laws against Forgery, and other Violations of the Rights of Property, as inflict Capital Punishment; and to substitute such Penalties as shall appear to their Lordships the most equitable and efficacious:"

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

Broad St. Chapel, Reading:

Upon reading the Petition of the Members of the Congregation of Protestant Dissenters of the Independent Denomination meeting at Broad Strèet, in the Borough of Reading, whose Names are thereunto subscribed:

Dissenters, Maidenhead:

And also, Upon reading the Petition of the Members of The Countess of Huntingdon's Connexion in Maidenhead, whose Names are thereunto subscribed; severally praying "for the Attention of their Lordships to that Feeling which is evidently gaining Ground in this Kingdom in favor of a Commutation of the Punishment of Death for the Crime of Forgery:"

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

W. Alexander:

Upon reading the Petition of William Alexander, an Inhabitant of Great Yarmouth, and Freeholder of the County of Norfolk; praying their Lordships "to deliberately weigh, and maturely consider, whether it be not fearful and daring Presumption to wrest the Right of taking away the Life of Man from The Creator's Hand, and, unauthorized by Him, destroy the only Part of His Glorious Creation which He Himself declared was made "in His own Image:"

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

Stowmarket:

Upon reading the Petition of the Persons whose Names are thereunto subscribed, being either Members of the Established Church or Protestant Dissenters, and principally engaged in Trade and Commerce, residing in or near Stowmarket, in the County of Suffolk; praying their Lordships, "That the Punishment of Death for the Offence of Forgery may be abolished, and one more efficient to prevent Crime, and more consistent with Christianity, may be substituted for it:"

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

Newport, Monmouth:

Upon reading the Petition of the several Persons resident in the Town of Newport and the Neighbourhood thereof, in the County of Monmouth, whose Names are thereunto subscribed; praying their Lordships "for a Revision and Alteration of the Laws relating to the Punishment of Criminals; and that instead of them a System may be established consonant to Religion, by which Criminals may receive Punishment proportionably to the Moral Guilt of their Crime, and such as every Individual can with Justice to his own Conscience be the Agent of inflicting on the guilty:"

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

Minching-Hampton, &c:

Upon reading the Petition of the Inhabitants of the Parishes of Minching-Hampton, Horsley and Avening, in the County of Gloucester, whose Names are thereunto subscribed; praying their Lordships "to adopt such "Measures for a complete Revision of the Criminal Code as to their Wisdom shall appear most proper, and to pursue the same until the Laws shall present a Scale of Punishments proportioned to the Turpitude of the Crimes committed, consonant with the Principles of the Religion of Christ, and adapted to the advanced State of Society in our Country - Punishments having for their Object the Reformation as well as the Correction of the guilty, and which, being in unison with the best Feelings of Humanity, shall operate as an effectual Check to the Career of Depravity, by the Certainty of Prosecution, and of Punishment in all Cases following Conviction:"

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

Darlington:

Upon reading the Petition of the Inhabitants of Darlington, in the County of Durham, and its Neighbourhood, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as to them may appear more peculiarly adapted to render the Penal Laws at once sufficient for the Prevention of Crime and reconcileable with the Principles of the Christian Religion:"

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

Reigate, &c:

Upon reading the Petition of the Inhabitants of the Towns of Reigate and Dorking, the Parish of Betchworth and Liberty of Kingswood, in Surrey, and the Parishes of Crawley, Ifield, Haugham and Worth, in Sussex, whose Names are thereunto subscribed; praying their Lordships "for a complete Revision of the Criminal Law in this Country, and the Repeal of those numerous Statutes by which the Punishment of Death is unwisely enacted:"

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

Jurors, Old Bailey:

Upon reading the Petition of the Persons summoned to serve as Jurors at the last and other late Commissions of Oyer and Terminer held at the Old Bailey, in London, whose Names are thereunto subscribed; praying their Lordships "to revise the Criminal Law of the Land with "a view to mitigate the Severity thereof:"

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

Redruth:

Upon reading the Petition of the Inhabitants of the Town of Redruth and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That the Punishment of Forgery of every Description may be less than that of Death:"

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

Carlisle:

Upon reading the Petition of the Inhabitants of Carlisle and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to make such a Revision of the Penal Laws against Forgery as in their Wisdom may be deemed most expedient:"

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

Evesham:

Upon reading the Petition of the Magistrates, Clergy, Bankers and other Inhabitants of the Borough of Evesham and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to take such Measures, for the Removal of the Evil occasioned by Persons who sustain Loss by Forgery revolting at shedding Human Blood for such an Offence, as to their Lordships Wisdom shall seem best:"

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

Lowestoft:

Upon reading the Petition of the Inhabitants of Lowestoft, in the County of Suffolk, and its Vicinity, whose Names are thereunto subscribed; praying their Lordships immediately to pass a Law abolishing the Punishment of Death in all Cases of Forgery, and substituting a Penalty for that Transgression more in accordance with the Views and Feelings of the Community, and therefore much more likely to prove efficient and salutary in its Operation:"

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

R. Wedgwood:

Upon reading the Petition of Ralph Wedgwood junior, of Oxford Street, in the County of Middlesex; praying their Lordships "to take into early Consideration the Expediency of revising the Criminal Law, and of substituting for the Penalty of Death, in Cases of Offences against Property unattended by Circumstances of Atrocity, a Punishment that shall be consonant with Public Feeling, and the Effect of which will be to afford additional Protection to Trade, by encouraging the Public in the Prosecution and just Punishment of Offenders:"

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

Common Council Men, Norwich:

Upon reading the Petition of the Common Council Men of the City of Norwich, whose Names are thereunto subscribed; praying, "That their Lordships will immediately take into their most serious Consideration, whether the Punishment of Death may not now, with perfect Safety to the Interests of the Community, be remitted in all Cases except Murder, Arson, Burglaries, Highway Robberies and Offences attended with Violence; and make such effectual Amelioration in the Laws that the Penalties for Offences may be in accordance with strict Justice, worthy of a Christian Country, adapted to the enlightened Age in which we live, and, being in unison with Public Feeling, become more certain of Infliction, by the uniform Co-operation of the Court, the Prosecutor, Witnesses and Jury:"

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

Tavistock:

Upon reading the Petition of the Bankers, Traders and other Inhabitants of Tavistock, whose Names are thereunto subscribed; praying their Lordships, "That, both for the better Protection of Property and the invariable Prosecution and adequate Punishment of the heinous Offence of Forgery, the Punishment of Death may be commuted in such Manner as may appear to the Legislature best adapted to that important End:"

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

Stockton upon Tees.

Upon reading the Petition of the Bankers and other Inhabitants of the Town and Neighbourhood of Stockton upon Tees, in the County of Durham, whose Names are thereunto subscribed; praying their Lordships "to abolish the Punishment of Death for Forgery in every Case, and to substitute other Penalties more in accordance with the improved State of Public Feeling:"

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

Taxes, Ireland, Petitions against Encrease of: (Dungarvan & Abbeyside:)

Upon reading the Petition of the Inhabitants and Parishioners of Dungarvan and Abbeyside, in the County of Waterford, whose Names are thereunto subscribed; praying their Lordships "to cause a full and minute Enquiry to be made into the Circumstances connected with the proposed Encrease of Taxation in Ireland, which will enable their Lordships to pursue a Course more judicious and beneficial to the Community, and avert the manifold Disadvantages which, by passing this ill-omened Measure, would, it is manifest, be entailed on the People of Ireland:"

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

Moncoin:

Upon reading the Petition of the Inhabitants of the Parish of Moncoin, in the County of Kilkenny, whose Names are thereunto subscribed:

Carrigeen.

And also, Upon reading the Petition of the Inhabitants of the Parish of Carrigeen, in the County of Kilkenny, whose Names are thereunto subscribed; severally praying their Lordships "not to sanction the Imposition of any new Taxes upon Ireland;"

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

Calico Printers, Petition of Journeymen of Lancashire, &c. respecting Apprentices.

Upon reading the Petition of the Journeymen Calico Printers of Lancashire, Derbyshire, Cheshire, Yorkshire and their Vicinities, whose Names are thereunto subscribed; complaining of their Distress, from want of Employment, arising from a Practice of the Master Calico Printers carrying on their Trade by employing a greater Number of Apprentices than Journeymen; and praying their Lordships "to redress their Grievances by such Legislative Enactments as the Wisdom of this House may devise:"

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

Slavery, Petition from Huddersfield for Abolition of.

Upon reading the Petition of the Inhabitants of the Town of Huddersfield and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to take Steps for effecting the immediate Abolition of the inhuman System of Slavery, and for placing the Negro Population under those Restraints only which are necessary for the Security of the Colonies, and which will afford the greatest Facilities for improving them in Moral and Religious Knowledge, and render them useful and industrious Members of Society; and that Government will specify an early Period when the Children of the Slaves shall be free:"

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

Assizes for West Riding of Yorkshire, Petition from Horbury for Removal of, to Wakefield.

Upon reading the Petition of the Merchants, Manufacturers, Tradesmen and others, Inhabitants and Householders of Horbury, in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "to sanction and encourage a Measure so decidedly advantageous to the Public as the Removal of the Assizes for the West Riding of Yorkshire from York to the Town of Wakefield:"

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

Bankrupt Act Amendment Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act of the Sixth Year of the Reign of His present Majesty, for amending the Laws relating to Bankrupts;"

Ordered, That the House be put into a Committee upon the said Bill on Thursday next.

Parochial Registers (Scotland) Bill.

The Order of the Day being read for receiving 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;"

Ordered, That the said Report be received Tomorrow.

Meltham Inclosure Bill, Consideration of Amendments put off for 6 Months.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend an Act of His late Majesty, for inclosing Lands in the Manor of Meltham, in the Parish of Almondbury, in the West Riding of the County of York," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

"Pr. 1. L. 27. Leave out from ("Twenty") to ("and") in Press 2, Line ult. and insert ("Six")

"Pr. 3. L. 6. Leave out from ("and") to ("And") in Press 7, Line 30, and insert ("it is therefore expepedient that he should be displaced, and another Commissioner appointed in his Room")

"Pr. 8. L. 24. Leave out ("the Appointment of")

"L 25. Leave out from ("Rayner") to ("but") in Line 32, and insert ("shall cease to be a Commissioner for executing the said recited Act of the Fifty-seventh Year of the Reign of His late Majesty")

"L. 33 & L. 34. Leave out ("and Joseph Taylor")

"L. ult. Leave out ("them") and insert ("him")

"Pr. 9. L. 8. After ("appointed") insert ("a")

"L. 10. Leave out from ("Rayner") to ("and") in Line 29, and in Line 29 and in Line 30 leave out ("Commissioner") and insert ("Frederick Robert Jones")

"Pr. 10. L. 2. After ("appointed") insert ("a")

"L. 11 & L.12. Leave out ("by virtue of this Act") and insert ("in his Room or Stead")

"L. 15. Leave out ("Two") and insert ("Three")

"L. 18. Leave out from ("Act") to ("appoint") in Press 11, Line 17, and insert ("then and in every such Case the Lords of the Manor of Meltham, or the Majority of the Lords of the said Manor, shall choose and")

"Pr. 11. L. 22. After ("of") insert ("the said Frederick Robert Jones, or of")

"L. 26. Leave out from ("aforesaid") to ("and") in Line 28.

"L. 30. Leave out from ("appointed") to ("shall") in Line 32.

"Pr. 12. L. 7. Leave out from ("Act") to the Second ("And") in Press 13, Line 29, and insert Clauses A. and B.

"Clause A. And for the Purpose of settling and determining any Difference or Dispute that may arise between the said Commissioners touching or concerning any of the Matters or Things to be by them done and performed in pursuance of the said recited Acts or this Act; be it further enacted, That Daniel Tuke of the City of York, Gentleman, shall be and he is hereby appointed Umpire for the Purposes aforesaid; and such Umpire is hereby authorized and required, on the Application of the said Commissioners or either of them, to hear and determine every such Difference or Dispute; and the Judgment and Determination of the said Umpire touching or concerning any Matter or Thing in difference or dispute between the said Commissioners shall be deemed and considered to be the Judgment and Determination of the said Commissioners, and shall be final and conclusive upon the said Commissioners, and upon all Persons concerned in the said Division and Allotment, so far as the Judgment and Determination of the said Commissioners is by the said recited Acts or this Act made final and conclusive: Provided always, that in case the said Umpire, or any Umpire to be nominated and appointed as herein-after mentioned, shall die, or become incapable of acting, or shall refuse or neglect to act for the Space of Fourteen Days after Application shall be made to him for the Purpose as aforesaid, then and in every such Case it shall be lawful for the said Commissioners, and they are hereby required, by Writing under their Hands, to nominate and appoint some other fit and proper Person (not interested in the said Division and Inclosure) to be the Umpire for the Purposes aforesaid; and so from Time to Time as often as any Person so nominated and appointed Umpire shall die, or refuse or neglect to act, or become incapable of acting as such Umpire: Provided also, that in case the said Commissioners shall, for the Space of One Calendar Month after any such Death, Refusal, Neglect or Incapacity shall happen or be known, refuse to nominate and appoint an Umpire, or shall not agree as to such Appointment, then it shall be lawful for the Court of General or Quarter Sessions of the Peace for the West Riding of the County of York, on the Application of any Two or more Proprietors or Persons interested in the said Lands and Grounds, by an Order to be made by such Court, forthwith to nominate and appoint some fit and proper Person, not interested in the said Division and Inclosure, to be the Umpire for the Purposes aforesaid."

"Clause B. Provided always, and be it further enacted, That no Person shall be capable of acting as an Umpire by virtue of this Act until he shall have taken or made and subscribed the Oath or Affirmation following; (that is to say,)

"I, do swear, [or, being one of the People called Quakers, do solemnly affirm,] That I will faithfully, honestly and impartially, according to the best of my Skill and Ability, execute and perform the Powers and Authorities reposed in me as Umpire, by virtue of an Act passed in the Eleventh Year of the Reign of King George the Fourth, intituled, "An Act [here set forth the Title of this Act], according to Equity and good Conscience, and without Partiality, Favour or Affection, Prejudice or Malice, to any Person or Persons whomsoever.

So help me GOD."

"[Or, being one of the People called Quakers, omit the Words, "So help me GOD."]

"Which Oath or Affirmation it shall be lawful for the said Commissioners or either of them, or for any Justice of the Peace for the said West Riding, to administer, and they or he are and is hereby required to administer the same; and every such Appointment of a new Umpire, and also every such Oath or Affirmation, when so taken or made and subscribed by such Umpire, shall be annexed to and enrolled and deposited with the Award of the said Commissioners."

"Pr. 14. L.5. Leave out ("or pretended Execution")

"L. 13. Leave out ("or pretended Execution")

"L.32. Leave out ("Hall") and in the same Line and in Line 33. leave out ("Wakefield") and insert ("Warmfield")

"Pr. 15. L.11 & L.12. Leave out ("or pretended Execution")

"Pr. 17. L.9. After ("shall") insert ("in Trust for the Purposes of this Act")

"L.22. Leave out from ("be") to ("the") in Line 30. and insert ("into")

"L. 38. After ("first") insert ("or second")

"L. penult. Leave out ("Commissioner") and insert ("Commissioners after the passing of this Act")

"Pr. 18. L.16 & L.17. Leave out ("Commissioner") and insert ("Commissioners")

"Pr. 19. L.16. After ("Leeds") insert Clause C.

"Clause C. And be it further enacted, That in case the said William Rayner and Joseph Taylor, or either of them, shall refuse or neglect to make out such Statement or Account as aforesaid, or to lay the same, together with all Vouchers relating thereto, within the Period aforesaid, before such Auditor as aforesaid; or in case such Account shall not truly set forth and show into whose Hands such Monies have been paid, and how and in what Manner the same and every Part thereof have been applied and disposed of; then and in every such Case, upon Complaint made by such Auditor, or by any Person or Persons whom he shall appoint for that Purpose, of any Neglect or Refusal as aforesaid, to any Two or more Justices of the Peace for the County, Riding, City, Town Corporate or Place wherein the said William Rayner or Joseph Taylor shall reside or be, such Justices may and they are hereby authorized and required, by Warrant under their Hands and Seals, to cause the Person so refusing or neglecting to be brought before them, and upon his appearing, or having been summoned and not appearing, or not being to be found, to hear and determine the Matter in a summary Way, and if, upon the Confession of the Party or by the Testimony of any credible Witness or Witnesses upon Oath, (which Oath such Justices are hereby empowered to administer,) it shall appear to such Justices that any such Person shall have refused or wilfully neglected as aforesaid to render or give such Account, or to produce the Vouchers relating thereto, or that such Account shall not truly set forth and show the Matters aforesaid, then and in such Case such Justices may, if they shall think proper, commit every such Offender to the Common Gaol or House of Correction for the County, Riding, City, Town Corporate or Place where such Offender shall be or reside, there to remain without Bail or Mainprize for any Time not exceeding Two Years: Provided always, that in case the said William Rayner and Joseph Taylor, or either of them, shall, by reason of the Imprisonment of the said William Rayner, be prevented from accounting in manner aforesaid before the said Auditor within the Period limited by this Act, the said William Rayner and Joseph Taylor, or either of them, shall not be subject to the Penalties hereby imposed for not accounting in manner aforesaid, until after the Expiration of Two Calendar Months from the Release of the said William Rayner from his Imprisonment."

"Pr. 19. L.16. Leave out from ("or") to ("their") in Line 35.

"Pr. 21. L.6. Leave out from ("to") to ("deliver") in Line 13.

"Pr. 22. L.15. Leave out from ("thereof") to ("thereof") in Line 16. and insert ("into the Hands of such Banker or Person to be appointed as aforesaid")

"L. 17. After ("said") insert ("Frederick Robert Jones, or any")

"L.18. After ("Commissioner") insert ("to be appointed in his Room or Stead as aforesaid")

"L.27. After ("Buckley") insert ("or other Person or Persons, as the Case may be,")

"Pr. 23. L.1. Leave out ("Commissioner") and insert ("Commissioners")

"L. 3. Leave out ("his") and insert ("their")

"L. 13. Leave out ("he") and insert ("they")

"L. 19 & L.20. Leave out ("Commissioner") and insert ("Commissioners")

"L. penult. Leave out ("Commissioner") and insert ("Commissioners")

"Pr.26. L.23. Leave out ("Commissioner") and insert ("Commissioners")

"Pr. 27. L.8 & L.9. Leave out ("Commissioner") and insert ("Commissioners")

"L. 11. Leave out ("his") and insert ("their")

"L.34 & L.35. Leave out ("Commissioner") and insert ("Commissioners")

"Pr. 30. L.30. Leave out ("Commissioner") and insert ("Commissioners")

"L.31. & L.32. Leave out ("his Hand") and insert ("their respective Hands")

"Pr.31. L.11. Leave out ("Commissioner") and insert ("Commissioners")

"Pr. 32. L. 14. Leave out from ("respectively") to ("And") in Line 27.

"Pr.33. L.4. After ("and") insert ("Umpire, and also so much thereof as relates to the Appointment of an Umpire in case of Vacancy, and also so much thereof as relates")

"L. 6. Leave out ("their") and insert ("the") and in the same Line after ("Accounts") insert ("of the Commissioners")

"L. 13. Leave out from ("repealed") to ("And") in Press 35, Line 3.

"Pr.35. L.5. Leave out ("Commissioner") and insert ("Commissioners")

"L. 16 & L. 17. Leave out ("Commissioner") and insert ("Commissioners")

"Pr. 37. L. 1. Leave out from ("allotted") to ("And") in Line 36.

"Pr. 38. L. 2 & L. 3. Leave out ("Commissioner") and insert ("Commissioners") and in Line 3, leave out from the first ("the") to ("shall") in Line 4, and insert ("Umpire")

"Pr. 39. L. 1. Leave out ("Commissioner") and insert ("Commissioners,") and in Line 1, and in Line 2. after ("Advertisements") insert ("and the Clerk to the said Commissioners shall be paid and allowed such Sum for his Attendances as the said Commissioners shall think proper, not exceeding per Day the Sums allowed to the said Commissioners as aforesaid, and subject to the Regulations herein-after contained; and that the said Auditor shall be paid and allowed such Sum or Sums for his Trouble and Attendances as the said Commissioners shall think proper")

"L. 19 & L. 20. Leave out ("Commissioner or") and insert ("Commissioners and Umpire and")

"L. 22 & L. 23. Leave out ("Commissioner") and insert ("Commissioners") and in Line 23, leave out ("his") and insert ("their")

"L. 25. Leave out ("Commissioner") and insert ("Commissioners")

"L. 26. Leave out ("his") and insert ("their")

"L. 28 & L. 29. Leave out ("Commissioner") and insert ("Commissioners") and in Line 29, leave out ("his") and insert ("their")

"L. 33. Leave out ("Commissioner") and insert ("Commissioners")

"L. 34. Leave out ("his") and insert ("their")

"Pr. 40. L. 7. Leave out ("Commissioner") and insert ("Commissioners")

"L. 8. Leave out ("himself") and insert ("themselves")

"L. 10. Leave out ("him") and insert ("them") and in the same Line leave out ("he") and insert ("they")

"L. 15. Leave out ("Commissioner") and insert ("Commissioners")

"L. 21 & L. 22. Leave out ("Commissioner") and insert ("Commissioners")

"L. 24. Leave out ("Commissioner") and insert ("Commissioners")

"L. 28 & L. 29. Leave out ("Commissioner") and insert ("Commissioners or either of them")

"L. 31. After ("the") insert ("Commissioners or")

"L. 37. Leave out ("Commissioner") and insert ("Commissioners")

"Pr. 41. L. 2. Leave out ("Commissioner") and insert ("Commissioners")

"L. 5. Leave out ("him") and insert ("them") and in the same Line, and in Line 6, leave out ("Commissioner") and insert ("Commissioners")

L. 11. Leave out ("himself") and insert ("themselves")

"L. 23. Leave out ("Commissioner") and insert ("Commissioners")

"L. 24. Leave out ("he is") and insert ("they are")

"L. 28. Leave out ("him") and insert ("them")

"L. 29. Leave out ("him") and insert ("them")

"Pr. 42. L. 3. Leave out ("One") and insert ("Two")

"L. 11. Leave out ("him or")

"L. 13 & L. 14. Leave out ("Justice or")

"L. 17. Leave out ("Commissioner") and insert ("Commissioners")

"L. 34. Leave out ("Justice or")

"Pr. 43. L. 8. Leave out ("Commissioner") and insert ("Commissioners")

"L. 13. Leave out ("Commissioner") and insert ("Commissioners")

"L. 21. After ("Manner") insert ("or if any Person, or any Body Politic, Corporate or Collegiate, shall think himself or herself or themselves aggrieved by any thing done or omitted to be done by the Auditor appointed or to be appointed by virtue of this Act")

"L. 32. Leave out ("Commissioner") and insert ("Commissioners or such Auditor, as the Case may be,")

"L. penult. and L. ult. Leave out ("Commissioner") and insert ("Commissioners")

"Pr. 44. L. 7. Leave out ("Commissioner") and insert ("Commissioners")

"L. 8. Leave out ("Commissioner") and insert ("Commissioners")

"Pr. 45. L. 17. After ("Act") insert ("and all the Costs, Charges and Expences incurred by the said Joseph Taylor, or any Person interested in the said Inclosure, in relation to or incidental to the passing of the said Act")

"L. 20 & L. 21. Leave out ("the Purpose") and insert ("such Purposes")

"L. 22. Leave out ("Commissioner") and insert ("Commissioners")

"L. 24. Leave out ("his") and insert ("their")

"Pr. 46. L. 3. After ("altered") insert ("or repealed")

Ordered, That the said Amendments be taken into Consideration on this Day Six Months.

Crommelin Harbour Bill, Consideration of Amendments put off for 6 Months.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for establishing and maintaining the Harbour of Port Crommelin, in the Bay of Cushenden, in the County of Antrim," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

"Pr. 1. L. 18. After ("therewith") insert ("And whereas the said Lands and Estate of Sleans are situate within the Barony of Glenarm, of which Edmund M'Donnell of Glenarm Castle, Esquire, and The Right Honorable Anne Catherine Countess of Antrim his Wife, are or claim to be seized in Right of the said Countess, and the Limits herein-after fixed for the said Harbour extend into that Barony, and also into the Barony of Cary, of which The Honorable Mark Robert Kerr, commonly called Lord Mark Kerr, and Lady Charlotte his Wife, are or claim to be seised in Right of the said Lady Charlotte")

"Pr. 2. L. 10. After ("empowered") insert ("with the Consent of the said Edmund M'Donnell and Anne Catherine Countess of Antrim his Wife, or the Survivor of them, or the Heirs or Assigns of the said Countess, or other the Person or Persons for the Time being seised of or entitled to the said Barony of Glenarm, and of the said Lord Mark Kerr and Lady Charlotte his Wife, or the Survivor of them, or the Heirs or Assigns of the said Lady Charlotte, or other the Person or Persons for the Time being seised of or entitled to the said Barony of Cary, to be first signified by some Writing under their, his or her Hands and Seals or Hand and Seal")

"L. 12. After ("Proprietors") insert ("with such Consent as aforesaid")

"Pr. 3. L. 22. Leave out ("Fifteen") and insert ("Ten")

"Pr. 4. L. 14. Leave out from ("before") to ("it") in Line 16, and insert ("The Vice Treasurer of Ireland for the Time being, or such other Person as shall be appointed for that Purpose by him, or by the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland")

"Pr. 13. L. 34. After ("Family") insert ("or to any Boat being under the Burthen of One Ton, when engaged solely in the Fishery") and also insert Clauses A. and B.

"Clause A. Provided always, and be it further enacted, That it shall not be lawful for the Proprietor or Proprietors of the said Harbour of Port Crommelin for the Time being to receive, for his or their Use or Benefit, a higher Rate of Interest than at and after the Rate of Ten Pounds per Centum per Annum on the whole Sum expended by him or them, and then due and owing, in obtaining and passing this Act, and in forming, making and maintaining the said Harbour, and the several Works thereunto belonging."

"Clause B. And be it further enacted, That the Proprietor or Proprietors of the said Harbour for the Time being shall, once in each and every Year, transmit to The Vice Treasurer of Ireland for the Time being, or to such other Person as the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland shall appoint, a full, true and particular Account of the Monies received and expended at the said Harbour, together with all such Vouchers and Accounts as the said Vice Treasurer or other Person shall deem necessary, (such Vouchers and Accounts to be verified in such Manner as he shall require,) and such Vice Treasurer or Person is hereby required to investigate and enquire into the same, and to direct the Appropriation of any Sum which may remain after Payment of Interest after the aforesaid Rate of Ten Pounds per Centum per Annum on the Sum which shall have been expended by the Proprietor or Proprietors of the said Harbour in obtaining and passing this Act, and incident thereto, and in making, forming and maintaining the same, in the Payment from Time to Time of the Money which shall have been so expended; and when and so soon as the said Sum shall have been fully paid off and satisfied, then and from thenceforth the said Harbour, and the several Works hereby authorized to be erected and maintained, and the Rates and Duties hereby authorized to be raised, levied, collected and paid, shall be and become vested in the said Vice Treasurer for the Time being, or in such other Body or Bodies Politic or Corporate, or Person or Persons as the said Commissioners of the Treasury for the Time being shall direct; and the said Vice Treasurer or other Body or Person shall and he and they is and are hereby required to reduce the said Rates and Duties to such an Amount as to him or them shall appear necessary and sufficient, for preserving and maintaining the said Harbour and Works, and the other Expences and Disbursements attendant thereon, and again from Time to Time to raise and increase the said Rates and Duties in such Manner as shall appear requisite and expedient for the Purpose of maintaining and preserving the said Harbour and Works: Provided always, that when and so soon as the said Harbour and Works, and the Rates and Duties aforesaid, shall have become so vested as aforesaid, all the Powers and Authorities hereby granted to the Proprietor or Proprietors of the said Harbour for the Time being shall be and become vested in and be exercised by the said Vice Treasurer, or Body or Bodies Politic or Corporate, or Person or Persons, as aforesaid."

Ordered, That the said Amendments be taken into Consideration on this Day Six Months.

Duffy v. Orr et al.

The House being informed, "That Patrick Thomas Duffy, Peter Rorke, Richard Sause and Edward Jones, some of the Respondents to the Appeal wherein Cornelius Duffy is Appellant, and Robert Orr, and others, are Respondents, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of William Henry Moore, of No. 33, Rutland Square West, in the City of Dublin, Gentleman, of the due Service of the said Order, being read;

Ordered, That the said Patrick Thomas Duffy, Peter Rorke, Richard Sause and Edward Jones do put in their Answer to the said Appeal peremptorily in a Week.

Bridge & Co et al. v. Lady M. Montgomerie & Sir C. Lamb.

The House being moved, "That a Day may be appointed for hearing the Cross Appeal wherein Messieurs Bridge and Company, and others, are Appellants, and The Right Honorable Lady Mary Montgomerie, and Sir Charles Lamb Baronet, her Husband, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, at the same Time with the Original Appeal, wherein The Right Honorable Lady Mary Montgomerie, and Sir Charles Lamb Baronet, her Husband, are Appellants, and Messieurs Rundell and Company, and others, are Respondents.

Houston & Griffiths v. Hughes et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Elizabeth Houston and Charlotte Griffiths are Appellants, and Henry Alwright Hughes, and others, are Respondents:"

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.

Rowe v. The King, Plaintiff's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of Charles More Ullithorne of Red Lion Square, in the County of Middlesex, Gentleman, Agent for Richard Radford Rowe, Plaintiff in a Writ of Error depending in this House wherein The King is Defendant; praying their Lordships "to grant to the said Plaintiff in Error Three Weeks further Time to lay his printed Cases on the Table of this House:"

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.

Same v. same, Plaintiff's Petition to amend Order for Certiorari, referred to Appeal Com ee.

Upon reading the Petition of Richard Radford Rowe, Plaintiff in the last-mentioned Cause; praying their Lordships, "That the Order made by this House on the 18th Day of May last, stating that the Petitioner, Plaintiff in a Writ of Error brought into this House, with a Transcript of the Record of the Court of Exchequer Chamber in Ireland, affirming a Judgment of the Court of King's Bench in Ireland, wherein Judgment is entered for The King, Defendant in the said Writ, has assigned Errors alleging Diminution, and has prayed His Majesty's Writ of Certiorari may be awarded on his Behalf, and directing that His Majesty's Writ of Certiorari be forthwith issued accordingly on behalf of the Plaintiff, and directed in such Manner as in like Cases is accustomed, for the more perfect certifying of the said Record into this House, within Ten Days next after ensuing the Date of this Order; and amended on the 11th Day of this instant June, by an Order on Report from the Appeal Committee, by omitting the Words "of Exchequer Chamber in Ireland, affirming a Judgment of the Court," and inserting after the Word "Ireland" the Words "affirming a Judgment of the Justices of Oyer and Terminer and General Gaol Delivery for the County of the City of Dublin," may be further amended, either by omitting the Words "Justices of Oyer and Terminer and General Goal Delivery for the County of the City of Dublin," and inserting in lieu thereof "said Court of King's Bench," or by restoring the original Order omitting the Words "Exchequer Chamber," and inserting in lieu thereof the Words "King's Bench," or in such other Manner as to this House shall seem meet; and that Ten Days may be allowed to return the Gertiorari; and that if necessary, the Time for laying the printed Cases on the Table of this House may be enlarged to the same Period:"

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.

Galway Town Regulation Bill, Petitions in favor of.

Upon reading the Petition of the Landowners, Merchants, Traders, Freeholders, Freemen and Inhabitants of the Parish of Menlough, in the County of the Town of Galway, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Protestant and Roman Catholic Inhabitants of the Parish of Rahoon, in the County of the Town of Galway, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to repeal so much of an Act passed in Ireland in the Fourth Year of the Reign of King George the First, for the better regulating the Town of Galway, and for strengthening the Protestant Interest therein, as limits the Franchise created by the said Act to Protestants only;" and severally praying their Lordships, "That the same may pass into a Law:"

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

East Retford Election Bill, Witnesses to attend.

Ordered, That Thomas Worthington Gylby, Edward Parker, William Golland, John Betson and William Slaney 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."

Capital Punishment (Scotland) Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act of the Ninth Year of His present Majesty, to facilitate Criminal Trials in Scotland; and to abridge the Period now required between the pronouncing of Sentence and Execution thereof in Cases importing a Capital Punishment."

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

Ordered, That the House be put into a Committee upon the said Bill on Thursday next.

Ld. Bloomfield's Claim, Com ee to meet.

Ordered, That the Committee for Privileges to whom the Petition of Benjamin Baron Bloomfield, praying, That his Right to vote at the Election of Peers for Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred, do meet to consider further of the said Petition on Wednesday next.

Insolvent Debtors Bill.

The Order of the Day being read for the House to be again put into a Committee upon 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;" and for the Lords to be summoned;

The House was accordingly adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

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

Ordered, That the said Bill, as amended, be printed.

Abolition of Fees on Demise of the Crown Bill:

The Order of the Day being read for the Third Reading of 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:" and for the Lords to be summoned;

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

East Retford Election Bill:

The Order of the Day being read for the further Consideration and 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;" and for the Lords to be summoned; and for hearing Counsel on the Petition of the Burgesses of the Borough of East Retford, in the County of Nottingham, whose Names are thereunto subscribed, praying their Lordships, "That the said Bill may not pass into a Law;"

Counsel were accordingly called in.

Mr. Adam was heard to observe on the Evidence adduced in support of the Bill, and to open the Case on Behalf of the Petitioners against the same.

The Counsel were directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off 'till To-morrow; and that the Lords be summoned.

Witnesses to attend on it:

Ordered, That William Newton, John Hornby, William Wake and William Dennett do attend this House forthwith, in order to their being examined as Witnesses upon the Second Reading of the last-mentioned Bill.

R. Catcliff discharged from Attendance. Malt & Beer Duty, Account of, delivered.

Ordered, That Robert Catcliff be discharged from further Attendance on this House upon the last-mentioned Bill.

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

He was called in; and delivered at the Bar, pursuant to an Order of the 5th of May last,

"An Account of the Number of Bushels of Malt, and Number of Barrels of Beer, Porter or other Malt Liquor, that have paid the Duty in each Year, from the earliest Period at which the said Return can be made out, and the Rates of Duty thereon; stating each Year respectively, in the Imperial Measure, with the corresponding Rates of Duty."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Ordered, That the said Account be printed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum secundum diem instantis Junii, horâ undecimâ Auroræ, Dominis sic decernentibus.