House of Lords Journal Volume 62: 16 July 1830

Die Veneris, 16 Julii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

M. of Westmeath v. M. of Salisbury et al.

The House proceeded to take into further Consideration the Cause wherein George Thomas John Marquess of Westmeath is Appellant, and James Marquess of Salisbury, and others, are Respondents:

And Consideration being had thereof;

Ordered, That the further Consideration of the said Cause be put off to Tuesday next.

Stewart v. Fullarton et al:

The House proceeded to take into further Consideration the Cause wherein Frederick Campbell Stewart Esquire is Appellant, and Stewart Murray Fullarton Esquire, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Wednesday the 10th as on Monday the 15th Days of February last, upon the Petition and Appeal of Frederick Campbell Stewart of Ascog, Esquire, (which was brought into this House on the 16th of March 1827, and which hath since been revived in the Names of James Gibson Craig of Riccarton, Writer to the Signet, David Wardlaw, Writer, and James Thomson Gibson Craig, Writer to the Signet, Trustees of the said Frederick Campbell Stewart Esquire, deceased;) complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 28th of June (signed 5th July) 1825, except in so far as it repels the Reasons of Suspension, finds the Letters orderly proceeded, and decerns; and also of an Interlocutor of the said Lords, of the 23d of February (signed 24th February) 1827, except in so far as it adheres to so much of the said Interlocutor of the 28th of June (signed 5th July) 1825 as is not therein appealed from; and praying, "That the same might be reversed, varied or altered, so far as complained of, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Ferdinand S. Campbell, in America, or elsewhere Abroad, Ferdinand Campbell and Samuel Griffin Campbell, Sons of the said Ferdinand S. Campbell, and the said Ferdinand S. Campbell as Administrator in Law of his said Children; John Campbell, in America, or elsewhere Abroad, Archibald Campbell, Son of the said John Campbell, and the said John Campbell as his Administrator in Law; Archibald Campbell, in New York, or elsewhere Abroad; Alexander Campbell, residing in Muirhead Street, Gorbals, Glasgow; Alexander Campbell, Thomas Campbell, Archibald Campbell and Robert Campbell, Sons of the said Alexander Campbell, residing in Muirhead Street, Gorbals, and the said Alexander Campbell as Administrator in Law for his said Children; Thomas Campbell, residing at Sydenham, near London, Thomas Telford Campbell, only Son of the said Thomas Campbell, and the said Thomas Campbell as his Administrator in Law; Daniel Campbell, now or lately residing at Rouen, Normandy, France; Stewart Murray Fullarton Esquire, of Fullarton and Bartonholm, George Murray Fullarton Esquire, younger, of Fullarton and Bartonholm, James Fullarton, presently in India, or elsewhere Abroad, John Fullarton, in the Royal Navy, Robert Fullarton and Stewart Murray Fullarton, all Sons of the said Stewart Murray Fullarton Esquire, and the said Stewart Murray Fullarton Esquire as Administrator in Law for such of his said Children as are Minors, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutors Reversed.

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

Doe v. Vardill, in Error, Motion for further Questions to be put to the Judges:

The Order of the Day being read for taking into further Consideration the Cause wherein John Doe, on the Demise of John Birtwhistle, is Plaintiff, and Agnes Vardill is Defendant; and for the Judges to attend;

It was proposed, "That the following further Questions of Law be put to the Judges; (viz ^t.)

"1. If the Fact of the Legitimacy or Illegitimacy of a Native of Scotland is at Issue in the Courts of Law in England, is it or is it not a Principle of the Law of that Country, that, in judging whether he was born in justis nuptiis, it withdraws, and leaves that Legal Question to the exclusive Judgment of the Law of Scotland where his Parents are domiciled, where the alleged Marriage took place, and where he was born?"

"2. If, in the Judgment of the Law of Scotland, a Native of that Country is born in justis nuptiis, does or does not the Law of England, from that Comity established by international Law, hold him to be possessed of every Right which an Englishman born in justis nuptiis enjoys? And, independent of every View of international Law, must or must he not, in Law, be deemed to enjoy such Rights, under the Fourth and Twenty-fifth Articles of the Union betwixt England and Scotland, approved of and confirmed by the Parliaments of the Two Countries; the former of which provides, "That there be a Communication of all Rights, Privileges and Advantages which do or may belong to the Subjects of either Kingdom, except where it is otherwise expressly agreed in these Articles;" and the latter of which provides, "that all Laws and Statutes in either Kingdom, so far as they are contrary to or inconsistent with the Terms of these Articles, or any of them, shall from and after the Union cease and become void, and shall be so declared to be by the respective Parliaments of the said Kingdoms?"

"3. A. a Native of Scotland, domiciled in that Country, where he possessed a Landed Property, lived with a Female, B. by whom he had Two Sons, C. and D. Some Years after the Birth of these Children, A. went through a Ceremony of Marriage with B. by which, according to the Law of Scotland, C. and D. undoubtedly became legitimate.

"At the Death of the Father, A., C. the eldest Son, inherited his Estates in Scotland, and some Years afterwards purchased Freehold Estates in England. C. afterwards died intestate, leaving no Children. His legitimate Brother D. inherited his Estates in Scotland, and was regularly served Heir to them. D. also claims the Freehold Estates in England of which his Brother died possessed, on the Ground that he is the nearest Heir to his Brother C. It has been, on the other Hand, asserted, that D. though the legitimate Brother of C. cannot inherit his English Estates; because, though the Law of Scotland holds that the Ceremony of Marriage which took place is only Evidence of that Consent which constitutes Marriage having been given before the Birth of C. and D. and therefore regards them as being born in lawful Wedlock, the Law of England holds that, de facto, they were born before the Marriage Ceremony, and, therefore, though it admits their Legitimacy, holds that they cannot inherit.

"By the Law of England, must or must not this Question be decided according to the Law of Scotland, where these Two Children were born, where the Marriage Ceremony took place, and where the Parties were domiciled? And if it is to be decided by the Law of Scotland, assuming that the Law of that Country is here accurately stated, does it not follow that, C. and D. being born in justis nuptiis according to the Law of that Country, D. has a Right to inherit the Lands in England of which his Brother C. died possessed?"

"4. A. a domiciled Scotsman, possessed of Estates in that Country, cohabited with B. by whom he had a Son, C. Some Years after which a Marriage Ceremony passed betwixt him and B. which, according to the Law of that Country, furnished Evidence of that mutual Consent having taken place antecedent to the Birth of C. which constitutes Marriage, and gave to his Son C. the Status of a Son born in lawful Wedlock. A. some Years after this Marriage retired to England, and acquired a Domicile there, where he became possessed of a large Personal Estate. At the Death of A., C. was served Heir to the Scotch Landed Property. Is he or is he not also entitled to the Personal Estate in England, consisting of Leasehold and Funded Property, of which his Father, supposed to be a domiciled Englishman at the Time of his Death, died possessed?"

"5. A. an unmarried Man, went from England to Scotland, where he acquired Landed Property, resided, and was domiciled for many Years.

"Soon after his Arrival in that Country he formed a Connection with a Female, M. with whom he lived, and by whom he had a Son B. Some Years after the Birth of this Child a regular Marriage Ceremony according to the Forms prescribed by the Law of that Country took place betwixt A. and M.

Assuming (as is laid down by all the great Authorities who have written on the Law of Scotland) that B. in consequence of this Ceremony is held to be legitimate, by a Presumption or Fiction of Law that the Marriage had taken place betwixt his Parents before he was born; or, in other Words, assuming that the Ceremony of Marriage which so took place is by the Law of Scotland regarded as Evidence, that before the Procreation of B. that mutual Consent to marry had passed betwixt A. and M. which the Law of that Country regards as constituting Marriage, and that he is therefore held to have been born in justis nuptiis, and as such was in truth served Heir to the Landed Property in Scotland in which his Father died infeft; under such Assumption, the Learned Judges are requested to say, whether B. is or is not entitled, as the Heir of A. to the Real Estates in England of which A. dying intestate was seised?"

"6. Is there any Case in which, under the Law of England, an only Son, whose Legitimacy is admitted, is neverthless debarred from inheriting Landed Property of which his Father dying intestate was possessed?"

"7. If such Case or Cases exist, the Learned Judges are desired to give to this House References to the Authorities by whom they are reported, and to state the Principles of Law on which such Judgments proceeded."

Which being objected to;

Further Consideration thereof adjourned:

It was moved, "That the further Consideration of the said Questions be adjourned."

The Question was put thereupon?

It was resolved in the Affirmative.

Questions to be printed.

Ordered, That the said Questions be printed.

Bruce v. Bruce:

The House proceeded to take into further Consideration the Cause wherein James Carstairs Bruce Esquire is Appellant, and Thomas Bruce Esquire is Respondent:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Tuesday the 16th as on Friday the 19th Days of February last, upon the Petition and Appeal of James Carstairs Bruce Esquire, of Balchrystie; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 21st of June 1827; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Thomas Bruce of Arnot, Esquire, put in to the said Appeal; and due Consideration had this Day 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 complained of in the said Appeal, be, and the same is hereby Reversed.

Munro & Rose v. Saunders et al:

The House proceeded to take into further Consideration the Cause wherein Mrs. Catherine Munro or Rose, and Hugh Rose her Husband, are Appellants, and John Saunders or Woodman, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel, as well on Tuesday the 27th as on Friday the 30th Days of April last, upon the Petition and Appeal of Mrs. Catherine Munro or Rose, Spouse of Hugh Rose Esquire, of Glastullich, and the said Hugh Rose her Husband, for his Interest; complaining of Five Interlocutors of the Commissaries of Edinburgh of the 29th of November 1822, the 26th of March and 3d and 10th of December 1824, and the 28th of January 1825; also of an Interlocutor of the Lord Ordinary in Scotland, officiating on the Bills in the Court of Session, of the 15th of May 1827; and also of an Interlocutor of the Second Division of the Court of Session of the 16th of May 1827; and praying, "That the same might be reversed, varied or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of George Ross of Cromarty, with Consent of his Curators, videlicet, Sir John Oswald of Dunikier, Colonel Robert Oswald of the late Greek Regiment, William Rose Robinson Esquire, Advocate, Joseph Paterson, Writer to the Signet, and Walter Ross of Nigg, put in to the said Appeal; and due Consideration had this Day of what was offered on either Side in this Cause:

Interlocutors in part Reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That, under the special Circumstances of this Case, the Interlocutors complained of in this Appeal, in so far as they find the Respondent George Ross entitled to the Benefit of Legitimation by the subsequent Marriage of his Parents, and in so far as they find Expences due by the Appellants, be, and the same are hereby Reversed.

The House was adjourned during Pleasure.

The House was resumed by The Lord Wynford, who sat Speaker by virtue of a former Commission.

The Duke of Sussex takes the Oaths.

This Day His Royal Highness Augustus Frederick Duke of Sussex took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The House was adjourned during Pleasure.

Abp. Canterbury chosen Speaker protempore.

The Lord Chancellor not being present, and The Lord Tenterden and The Lord Wynford, appointed Speakers by His late Majesty's Commissions, being absent, the Lords unanimously chose The Lord Archbishop of Canterbury to be Speaker pro tempore:

And His Grace took his Seat upon the Woolsack accordingly.

Bills passed by Commission.

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

The House was adjourned during Pleasure.

The House was resumed.

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

Who being come, with their Speaker;

The Lord Speaker said,

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

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

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

"WILLIAM R.

"WILLIAM the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas in Our said Parliament divers and sundry Acts have been agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act to continue Compositions for Assessed Taxes for a further Term of One Year, and to grant Relief from and alter and repeal the said Duties, in certain Cases:" "An Act to subject to Duties of Customs Goods the Property of the Crown, in case of Sale after Importation:" "An Act to impose additional Duties of Excise on Spirits:" "An Act for granting to His Majesty, until the Fifth Day of April One thousand eight hundred and thirty-one, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty:" "An Act to impose an additional Duty of Customs on Spirits the Produce of the British Possessions in America:" "An Act to repeal certain of the Duties on Cyder in the United Kingdom, and on Beer and Ale in Great Britain, and to make other Provisions in relation thereto:" "An Act to defray the Charge of the Pay, Clothing and contingent and other Expences of the Disembodied Militia in Great Britain and Ireland; and to grant Allowances, in certain Cases, to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates, and Serjeant Majors of the Militia, until the Twenty-fifth Day of June One thousand eight hundred and thirty-one:" "An Act to make further Regulations with respect to Army Pensions:" "An Act to consolidate and amend the several Acts relating to the Office of Treasurer of His Majesty's Navy:" "An Act to abolish certain Fees and Stamp Duties chargeable on the Renewal of all Appointments, Commissions, Grants, Pensions and Patents consequent on the Demise of the Crown:" "An Act for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro Confesso:" "An Act for making better Provision for the Disposal of the undisposed-of Residues of the Effects of Testators:" "An Act to alter and amend the Law relating to Illusory Appointments:" "An Act for consolidating and amending the Laws for facilitating the Payment of Debts out of Real Estate:" "An Act to continue and amend the Laws for the Relief of Insolvent Debtors in England:" "An Act to amend an Act passed in the Fifth Year of His present Majesty, for the Transportation of Offenders from Great Britain; and for punishing Offences committed by Transports kept to Labour in the Colonies:" "An Act to reduce the Rate of Bounties payable upon the Seizure of Slaves:" "An Act to authorize the Advance of a certain Sum out of the Consolidated Fund, for the Completion of the Shubenaccadie Canal in Nova Scotia:" "An Act to amend so much of an Act of the Thirty-first Year of His late Majesty, for making more effectual Provision for the Government of the Province of Quebec:" "An Act to revive, continue and amend several Acts relating to the Fisheries:" "An Act to amend an Act of the Ninth Year of His late Majesty King George the Fourth, 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:" "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:" "An Act to continue for One Year, and from thence until the End of the then next Session of Parliament, the Acts for the Relief of Insolvent Debtors in Ireland:" "An Act to regulate for One Year the Importation of Arms, Gunpowder and Ammunition into Ireland, and the making, removing, selling and keeping of Arms, Gunpowder and Ammunition in Ireland:" "An Act to amend an Act of the Fifty-third Year of King George the Third, for the Appointment of Commissioners for the Regulation of the several Endowed Schools of public and private Foundation in Ireland:" "An Act to explain and amend an Act of the Fiftyfifth Year of King George the Third, for the Payment of Costs and Charges to Prosecutors and Witnesses in Cases of Felony in Ireland:" "An Act for prohibiting Burying and Funeral Service in a Chapel of Ease intended to be built for the Parish of Saint George Bloomsbury, in the County of Middlesex:" "An Act for empowering The Marquis of Bute to make and maintain a Ship Canal, commencing near the Mouth of the River Taff, in the County of Glamorgan, and terminating near the Town of Cardiff, with other Works to communicate therewith:" "An Act for establishing and maintaining the Harbour of Port Crommelin, in the Bay of Cushendun, in the County of Antrim:" "An Act to amend an Act passed in the Forty-first Year of His late Majesty King George the Third, intituled, "An Act for more effectually improving and maintaining the old Harbour of Rye, in the County of Sussex:" and to appoint new Commissioners; and to enable the Commissioners to raise additional Funds on the Tolls, by way of Mortgage or otherwise:" "An Act to amend an Act of His late Majesty, for more effectually draining and preserving certain Marsh Lands or Low Grounds in the Parishes of Sandhurst, Newenden, Rolvenden, Tenterden, Wittersham, Ebony, Woodchurch, Appledore and Stone, in the County of Kent, and Ticehurst, Salehurst, Bodiam, Ewhurst, Northiam, Beckly, Peasmarsh, Iden and Playden, in the County of Sussex:" "An Act to continue, until the Fifth Day of July One thousand eight hundred and thirty-one, an Act passed in the Ninth Year of His late Majesty's Reign, to enable His Majesty's Justices of the Peace for the County of Surrey to nominate and appoint Two or more Persons to act as Principal Land Coal Meters within and for the several Places therein mentioned:" "An Act for amending and continuing an Act for repairing Roads in the County of Renfrew, and for altering the Line of Road between Glasgow and Kilmarnock, in the said County:" "An Act for vesting an Estate at Liverpool, in the County of Lancaster, devised and settled by the Will of Moses Benson Esquire, deceased, in Trustees, to be sold, and for laying out the Monies arising from such Sale in the Purchase of Estates, to be settled to the same Uses:" "An Act for vesting Estates, of which Gifford Warriner Esquire, a Lunatic, is Tenant in Tail, in Trustees, for Sale, and also for effecting a Partition of certain Parts thereof, and for granting Leases:" "An Act to enable the Guardian of The Right Honorable Richard Lord Cremorne, an Infant, to carry into Effect a Contract entered into for the Purchase of Rockcorry Castle and adjoining Lands, in the County of Monaghan, in Ireland:" "An Act to authorize the granting of Mining and Building Leases of certain Parts of the Estates subject to the Trusts of the Will of Benjamin Hall Esquire, deceased:" "An Act to authorize the granting of Leases of Lands Parcel of the Prebend of Stoke Newton or Newnton otherwise Newington, in the County of Middlesex, founded in the Cathedral Church of Saint Paul, in London, to The Governor and Company of the New River brought from Chadwell and Amwell to London; and for empowering the Prebendary of the said Prebend and the Rector of the Rectory or Parsonage of Stoke Newington respectively to grant Building Leases; and for other Purposes:" "An Act to enable John Buckle Esquire, or other Committee of the Estate of William Buckle, a Lunatic, for and in the Name and on behalf of the said William Buckle, to consent to the Exercise of a Power of Sale over Estates settled on the said William Buckle for his Life, and which Power is exerciseable with the Consent of the said William Buckle:" "An Act to enable the Devisees under the last Will and Testament of The Right Honorable Henry Lord Mount Sandford, deceased, to make Leases of the Lands, Tenements and Hereditaments lately in the Possession of the said Henry Lord Mount Sandford, and devised by his said Will; and also to enable the said Devisees to execute a Conveyance to the Rector of Kilkevan of a certain Piece of Ground situate in the Parish of Kilkevan and County of Roscommon:" "An Act for establishing and carrying into Execution the Trusts created by the last Will and Testament of John Gwyn, late of the City of Londonderry, Merchant, deceased; and for incorporating the Trustees therein named; and for other Purposes:" "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 "An Act to amend an Act of King George the Third, intituled, "An Act for inclosing Lands in the Manor of Meltham, in the Parish of Almondbury, in the West Riding of the County of York:" "An Act to dissolve the Marriage of Samuel Boydell with Jane Boydell Boydell his now Wife, and to enable him to marry again; and for other Purposes:""An Act to dissolve the Marriage of Captain Edward St. John Mildmay with Marianne Catherine his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:" "An Act to dissolve the Marriage of James Bayley Esquire with Louisa his Wife, and to enable him to marry again; and for other Purposes:" "An Act for naturalizing George Smith:" "An Act for naturalizing John Christopher Smith." And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; And for as much as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the accustomed Place for giving Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; Commanding also by these Presents Our well-beloved and faithful Councillor John Singleton Lord Lyndhurst, Our Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain, to seal these Our Letters Patent with Our Great Seal of Our United Kingdom of Great Britain and Ireland; and also commanding Our most dear Brothers and faithful Councillors Ernest Duke of Cumberland, Augustus Duke of Sussex, Adolphus Duke of Cambridge; Our most dear Cousin and faithful Councillor William Frederick Duke of Gloucester; The Most Reverend Father in God and Our faithful Councillor William Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Councillor John Singleton Lord Lyndhurst, Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain; Our most dear Cousins and Councillors Henry Earl Bathurst, President of Our Council; James Earl of Rosslyn, Keeper of Our Privy Seal; George William Frederick Duke of Leeds, William Duke of Devonshire, James Duke of Montrose, William Henry Duke of Portland, Arthur Duke of Wellington, Charles Marquess of Winchester, Henry Marquess of Lansdowne, Richard Marquess Wellesley, John Jeffreys Marquess Camden, Henry William Marquess of Anglesey, John Earl of Westmorland, George Earl of Carlisle, Cropley Ashley Earl of Shaftesbury, George Earl of Aberdeen, One of Our Principal Secretaries of State; William Earl Fitzwilliam, George John Earl Spencer, John Earl of Chatham, John Earl of Eldon, John William Earl of Dudley, Robert Viscount Melville, Henry Viscount Sidmouth, Frederick John Viscount Goderich; Our well-beloved and faithful Councillors Henry Richard Lord Holland, William Wyndham Lord Grenville, Edward Lord Ellenborough, Nicholas Lord Bexley and Charles Lord Tenterden, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same, and also to enrol these Our Letters Patent, and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted and admitted good, sufficient and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding. In Witness whereof We have caused these Our Letters to be made Patent.

"Witness Ourself at Westminster, the Sixteenth Day of July, in the First Year of Our Reign.

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

"BATHURST."

Then The Lord Speaker said,

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

Then the Clerk Assistant, having received the Money Bill from the Hands of the Speaker, brought it to the Table, where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow; (viz ^t.)

1. "An Act for granting to His Majesty, until the Fifth Day of April One thousand eight hundred and thirty-one, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty."

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

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

2. "An Act to continue Compositions for Assessed Taxes for a further Term of One Year, and to grant Relief from and alter and repeal the said Duties, in certain Cases."

3. "An Act to subject to Duties of Customs Goods the Property of the Crown, in case of Sale after Importation."

4. "An Act to impose additional Duties of Excise on Spirits."

5. "An Act to impose an additional Duty of Customs on Spirits the Produce of the British Possessions in America."

6. "An Act to repeal certain of the Duties on Cyder in the United Kingdom, and on Beer and Ale in Great Britain, and to make other Provisions in relation thereto."

7. "An Act to defray the Charge of the Pay, Clothing and contingent and other Expences of the Disembodied Militia in Great Britain and Ireland; and to grant Allowances, in certain Cases, to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates, and Serjeant Majors of the Militia, until the Twenty-fifth Day of June One thousand eight hundred and thirty-one."

8. "An Act to make further Regulations with respect to Army Pensions."

9. "An Act to consolidate and amend the several Acts relating to the Office of Treasurer of His Majesty's Navy."

10. "An Act to abolish certain Fees and Stamp Duties chargeable on the Renewal of all Appointments, Commissions, Grants, Pensions and Patents consequent on the Demise of the Crown."

11. "An Act for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro Confesso."

12. "An Act for making better Provision for the Disposal of the undisposed of Residues of the Effects of Testators."

13. "An Act to alter and amend the Law relating to Illusory Appointments."

14. "An Act for consolidating and amending the Laws for facilitating the Payment of Debts out of Real Estate."

15. "An Act to continue and amend the Laws for the Relief of Insolvent Debtors in England."

16. "An Act to amend an Act passed in the Fifth Year of His present Majesty, for the Transportation of Offenders from Great Britain; and for punishing Offences committed by Transports kept to Labour in the Colonies."

17. "An Act to reduce the Rate of Bounties payable upon the Seizure of Slaves."

18. "An Act to authorize the Advance of a certain Sum out of the Consolidated Fund, for the Completion of the Shubenaccadie Canal in Nova Scotia."

19. "An Act to amend so much of an Act of the Thirty-first Year of His late Majesty, for making more effectual Provision for the Government of the Province of Quebec."

20. "An Act to revive, continue and amend several Acts relating to the Fisheries."

21. "An Act to amend an Act of the Ninth Year of His late Majesty King George the Fourth, 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."

22. "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."

23. "An Act to continue for One Year, and from thence until the End of the then next Session of Parliament, the Acts for the Relief of Insolvent Debtors in Ireland."

24. "An Act to regulate for One Year the Importation of Arms, Gunpowder and Ammunition into Ireland, and the making, removing, selling and keeping of Arms, Gunpowder and Ammunition in Ireland."

25. "An Act to amend an Act of the Fifty-third Year of King George the Third, for the Appointment of Commissioners for the Regulation of the several Endowed Schools of public and private Foundation in Ireland."

26. "An Act to explain and amend an Act of the Fifty-fifth Year of King George the Third, for the Payment of Costs and Charges to Prosecutors and Witnesses in Cases of Felony in Ireland."

27. "An Act for prohibiting Burying and Funeral Service in a Chapel of Ease intended to be built for the Parish of Saint George Bloomsbury, in the County of Middlesex."

28. "An Act for empowering The Marquis of Bute to make and maintain a Ship Canal, commencing near the Mouth of the River Taff, in the County of Glamorgan, and terminating near the Town of Cardiff, with other Works to communicate therewith."

29. "An Act for establishing and maintaining the Harbour of Port Crommelin, in the Bay of Cushendun, in the County of Antrim."

30. "An Act to amend an Act passed in the Fortyfirst Year of His late Majesty King George the Third, intituled, "An Act for more effectually improving and maintaining the old Harbour of Rye, in the County of Sussex;" and to appoint new Commissioners; and to enable the Commissioners to raise additional Funds on the Tolls, by way of Mortgage or otherwise."

31. "An Act to amend an Act of His late Majesty, for more effectually draining and preserving certain Marsh Lands or Low Grounds in the Parishes of Sandhurst, Newenden, Rolvenden, Tenterden, Wittersham, Ebony, Woodchurch, Appledore and Stone, in the County of Kent, and Ticehurst, Salehurst, Bodiam, Ewhurst, Northiam, Beckly, Peasmarsh, Iden and Playden, in the County of Sussex."

32. "An Act to continue, until the Fifth Day of July One thousand eight hundred and thirty-one, an Act passed in the Ninth Year of His late Majesty's Reign, to enable His Majesty's Justices of the Peace for the County of Surrey to nominate and appoint Two or more Persons to act as Principal Land Coal Meters within and for the several Places therein mentioned."

33. "An Act for amending and continuing an Act for repairing Roads in the County of Renfrew, and for altering the Line of Road between Glasgow and Kilmarnock, in the said County."

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

"Le Roy le veult."

34. "An Act for vesting an Estate at Liverpool, in the County of Lancaster, devised and settled by the Will of Moses Benson Esquire, deceased, in Trustees, to be sold, and for laying out the Monies arising from such Sale in the Purchase of Estates, to be settled to the same Uses."

35. "An Act for vesting Estates, of which Gifford Warriner Esquire, a Lunatic, is Tenant in Tail, in Trustees, for Sale, and also for effecting a Partition of certain Parts thereof, and for granting Leases."

36. "An Act to enable the Guardian of The Right Honorable Richard Lord Cremorne, an Infant, to carry into Effect a Contract entered into for the Purchase of Rockcorry Castle and adjoining Lands, in the County of Monaghan, in Ireland."

37. An Act to authorize the granting of Mining and Building Leases of certain Parts of the Estates subject to the Trusts of the Will of Benjamin Hall Esquire, deceased."

38. "An Act to authorize the granting of Leases of Lands Parcel of the Prebend of Stoke Newton or Newnton otherwise Newington, in the County of Middlesex, founded in the Cathedral Church of Saint Paul, in London, to The Governor and Company of the New River brought from Chadwell and Amwell to London; and for empowering the Prebendary of the said Prebend and Rector of the Rectory or Parsonage of Stoke Newington respectively to grant Building Leases; and for other Purposes."

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

40. "An Act to enable the Devisees under the last Will and Testament of The Right Honorable Henry Lord Mount Sandford, deceased, to make Leases of the Lands, Tenements and Hereditaments lately in the Possession of the said Henry Lord Mount Sandford, and devised by his said Will; and also to enable the said Devisees to execute a Conveyance to the Rector of Kilkevan of a certain Piece of Ground situate in the Parish of Kilkevan, in the County of Roscommon."

41. "An Act for establishing and carrying into Execution the Trusts created by the last Will and Testament of John Gwyn, late of the City of Londonderry, Merchant, deceased; and for incorporating the Trustees therein named; and for other Purposes."

42. "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."

43. "An Act to amend an Act of King George the Third, intituled, "An Act for inclosing Lands in the Manor of Meltham, in the Parish of Almondbury, in the West Riding of the County of York."

44. "An Act to dissolve the Marriage of Samuel Boydell with Jane Boydell Boydell his now Wife, and to enable him to marry again; and for other Purposes."

45. "An Act to dissolve the Marriage of Cap ain Edward St. John Mildmay with Marianne Catherine his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

46. "An Act to dissolve the Marriage of James Bayley Esquire with Louisa his Wife, and to enable him to marry again; and for other Purposes."

47. "An Act for naturalizing George Smith."

48. "An Act for naturalizing John Christopher Smith."

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

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

M'Donald v. M'Donald, Appellant's Petition for Time for her Case, referred to Appeal Com ee.

Upon reading the Petition of Mrs. Elizabeth Stewart or M'Donald, Appellant in a Cause depending in this House, to which Ranald or Reginald M'Donald is Respondent; praying their Lordships, "That the Time for laying her Case on the Table may be enlarged until the Expiration of One Week from the opening of the next Session of Parliament:"

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.

Holyhead, &c. Roads Bill, a Witness to attend, with Documents.

Ordered, That the Clerk of the Coventry and Allesley Trust do attend forthwith, in order to his being examined as a Witness before the Committee to whom the Bill, intituled, "An Act to alter and amend several Acts for the Improvement of the Roads from London to Holyhead, and from London to Liverpool; and for the further Improvement of the said Roads," stands committed; and that he do bring with him an Account and Minutes of and relating to the said Trust, in order to their being produced before the said Committee.

Robertson et al. v. Alexander & Smith:

Upon reading the Petition and Appeal of John Robertson, residing at Mill of Ogilvie, John Robertson, Farmer at Sheriffmuirlands, and James Robertson, Farmer at Craigtown; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 10th of July 1830; and praying "That the same may be reversed, varied or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Edward Alexander of Powis, and Alexander Smith of Glassinghall, may be required to answer the said Appeal:"

It is Ordered, That the said Edward Alexander and Alexander Smith may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 13th Day of August next; and Service of this Order upon the said Respondents, or on any one of their known Agents in the Court of Session in Scotland respectively, shall be deemed good Service.

Dobie to enter into a Recog ce on it.

The House being moved, "That Alexander Dobie of Palsgrave Place, Strand, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for John Robertson, and others, on account of their Appeal depending in this House, they residing in Scotland:"

It is Ordered, That the said Alexander Dobie may enter into a Recognizance for the said Appellants, as desired.

Robertson et al. v. Alexander et al:

Upon reading the Petition and Appeal of John Robertson, residing at Mill of Ogilvy, John Robertson, Farmer at Sheriffmuir lands, and James Robertson, Farmer at Craigtown; complaining of an Interlocutor of the Lord Ordinary in Scotland, dated the 3d of July 1830; and of Seven Interlocutors of the Lords of Session there, of the First Division, dated respectively the 10th of July 1830; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Edward Alexander, Robert Thomson, John Thomson, Patrick Connal, John Wright, Peter Wright and John Hutton Syme may be required to answer the said Appeal:"

It is Ordered, That the said Edward Alexander, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 13th Day of August next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland respectively, shall be deemed good Service.

Dobie to enter into a Recog ce on it.

The House being moved, "That Alexander Dobie of Palsgrave Place, Strand, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for John Robertson, and others, on account of their Appeal depending in this House, they residing in Scotland:"

It is Ordered, That the said Alexander Dobie may enter into a Recognizance for the said Appellants, as desired.

Rowe v. The King, in Error, Plaintiff's Agents Petition for personal Attendance of Plaintiff at the Hearing, referred to Appeal Com ee.

Upon reading the Petition of Charles More Ullithorne and John Norman Crampton, of Red Lion Square, in the County of Middlesex, Gentlemen, Solicitors, for and on the Behalf of Richard Radford Rowe, Plaintiff in a Writ of Error depending in this House, wherein The King is Defendant; setting forth, "That the said Richard Radford Rowe is a Barrister, and now a Prisoner in His Majesty's Gaol of Newgate, in the City of Dublin, in Ireland: That the above Case coming on to be heard before their Lordships on the Second Appeal Day in the next Session of Parliament, and the Result of which is of the most vital Importance to the said Richard Radford Rowe, has been solely prepared and settled by himself and R. N. Bennett Esquire, the other Counsel whose Signature appears thereto: That the Petitioners therefore conceive (the said Richard Radford Rowe being at the same Time most urgently desirous) that it would tend manifestly to the Advantage of the said Richard Radford Rowe if he were permitted to attend at the Bar of this House, for the Purpose of arguing his Case in Person: That the Petitioners very humbly submit for the Consideration of their Lordships, the deep Legal Research displayed in the printed Case now on the Table of this House, on the Part of the said Richard Radford Rowe, and the consequent improbability that it could be efficiently argued by any other Counsel as by the said Richard Radford Rowe in Person;" and therefore praying, That their Lordships will be pleased to order that the Keeper of His Majesty's Gaol of Newgate, in the City of Dublin, be commanded to bring in his Custody to the Bar of this House, on the second Appeal Day in the next Session of Parliament, the Body of the said Richard Radford Rowe; and that the said Richard Radford Rowe be then and there permitted to argue his Case in Person:"

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.

M'Gavin v. Stewart, Interlocutors Reversed, & Cause remitted.

Upon reading the Petition of James M'Gavin, Trustee on the Sequestrated Estate of John Stewart and Company, Manufacturers in Paisley, Appellant in a Cause depending in this House, to which James Stewart, lately Manufacturer and Merchant, now Distiller, in Paisley, is Respondent, which stands appointed for Hearing; setting forth, "That his Petition of Appeal was presented to the House on the 2d Day of June 1828, and the Respondent had appeared, and put in his Answer thereto, and both Parties had lodged their Cases, agreeably to their Lordships Standing Order: That a joint Petition was presented to their Lordships by the Petitioner and the Respondent, on the 22d Day of March last, stating, amongst other things, that this Appeal referred to another Appeal between the same Parties which immediately preceded it in the List of Appeals set down for Hearing, and that since the presenting of this Appeal the Parties interested in both Appeals had come to an Agreement that the Judgment of their Lordships in the first Appeal should decide the Matter in dispute between them in this the second Appeal, and therefore prayed that this Appeal might be permitted to stand over until after the Hearing and Decision by their Lordships of the first Appeal: That their Lordships were pleased, on the said 22d Day of March, to grant the Prayer of the said Petition: That the said first Appeal had been argued by Counsel at their Lordships Bar; and their Lordships, on the 14th Day of July instant, pronounced the following Judgment: "It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutors complained of in the said Appeal be, and the same are hereby Reversed: And it is further Ordered, That the Cause be remitted back to the Court of Session in Scotland, with Directions to submit the Question of Facts to a Special Jury; and that it be an Instruction to the Jury Court to examine the Parties vivâ voce before them;" and therefore praying, "That, pursuant to the said Petition of both Parties therein referred to, and to their Lordships said Order thereon of the 22d Day of March last, their Lordships would be pleased to reverse the Interlocutors complained of in the said Petition of Appeal, in Terms of the Judgment pronounced by their Lordships in the said first Appeal:" And the Agent for the Respondent having signed the said Petition, as not objecting thereto:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutors complained of in the said Appeal (by the Consent of both Parties) be, and the same are hereby Reversed: And it is further Ordered, That the Cause be remitted back to the Court of Session in Scotland, with Directions to submit the Question of Facts to a Special Jury; and that it be an Instruction to the Jury Court to examine the Parties vivâ voce before them.

14th Report from Appeal Com ee.

The Earl of Shaftesbury reported from the Lords Committees 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; and to report to the House; and to whom were referred certain Petitions in the following Causes; The Society of Solicitors of Edinburgh and others against Smillie and others; Ker and another against Bell and others; Burns and another against Stewart; and Rowe against The King; "That the Committee had met, and considered the Respondents Petition in the Cause The Society of Solicitors of Edinburgh and others against Smillie and others, praying their Lordships that their Case may be received; and had heard the Appellants Agent thereon, and the Committee are of Opinion, That the Petitioners may be allowed now to deliver in their printed Cases: That the Committee had also considered the Appellants Petition in the Cause Ker and another against Bell and others, praying their Lordships to grant them until the second Day of the next Session of Parliament to lodge their Case; and had heard the Appellants Agent thereon, and the Committee are of Opinion, That the Petitioners may, under the Circumstances of the Case, be allowed until the second Day of the next Session of Parliament to deliver in their printed Cases: That the Committee had also considered the Appellants Petition in the Cause Burns and another against Stewart, praying their Lordships to order the Appeal to be restored, and the Prints of their Case to be now received; and had heard the Respondent's Agent thereon, and the Committee are of Opinion, That the said Appeal may be restored, and that the said printed Cases may now be received, as desired: And that the Committee had also considered the Defendant's Petition in the Writ of Error Rowe against The King, praying their Lordships to appoint an early Day for arguing the Errors assigned; and had heard the Agents thereon, and the Committee are of Opinion, That the said Cause should be appointed to be heard on the second Cause Day in the next Session of Parliament."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

Russell's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to effect an Exchange of Part of the Estates in the County of Durham devised by the Will and Codicil of William Russell Esquire, deceased, for Part of the Estates comprised in the Settlement made in pursuance of the Articles upon the Marriage of The Most Honorable Charles William Vane Marquess of Londonderry with The Most Honorable Frances Anne Vane Marchioness of Londonderry," 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, being read Twice by the Clerk, were agreed to by the House.

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

Mackenzie v. Rose:

Upon reading the Petition and Appeal of Murdo Mackenzie of Ardross, in the County of Ross, Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 26th of May 1830, excepting in so far as it finds that the Pursuer and Suspender has produced a sufficient Title to the Property of the Fishings of Salmon in the River Shinn, including the Lenn thereof generally, as in a Question with the Defender and Respondent; and praying, "That the same may be reversed, varied or altered, so far as complained of, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Hugh Rose of Glastullich, Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said Hugh Rose may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 13th Day of August next; and Service of this Order upon the said Respondent, or upon any one of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Fraser to enter into a Recog ce on it.

The House being moved, "That Alexander Fraser of Lincoln's Inn Fields, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Murdo Mackenzie Esquire, on account of his Appeal depending in this House, he residing in Scotland:"

It is Ordered, That the said Alexander Fraser may enter into a Recognizance for the said Appellant, as desired.

Sir R. B. J. Honyman v. Campbell et al:

Upon reading the Petition and Appeal of Sir Richard Bempde Johnston Honyman of Armadale and Graemsay, Baronet; complaining of Two Interlocutors of the Commissaries of Edinburgh, of the 11th of July 1828 and 26th of February 1830; and also of Two Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 9th July 1830; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Elizabeth Campbell and Elizabeth and Alexa Honyman, and Thomas Stewart their Tutor or Curator ad Litem, may be required to answer the said Appeal:"

It is Ordered, That the said Elizabeth Campbell and Elizabeth and Alexa Honyman, and Thomas Stewart their Tutor or Curator ad Litem, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 13th Day of August next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Robertson to enter into a Recog ce on it.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Sir Richard Bempde Johnston Honyman Baronet, on account of his Appeal depending in this House, he being resident in Scotland:"

It is Ordered, That the said David Robertson may enter into a Recognizance for the said Appellant, as desired.

Fees, Common Law Courts, Bill.

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

To return the Bill, intituled, "An Act for regulating the Receipt and future Appropriation of Fees and Emoluments receivable by Officers of the Superior Courts of Common Law;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Property in Infants Bill.

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

To return the Bill, intituled, "An Act for amending the Laws respecting Conveyances and Transfers of Estates and Funds vested in Trustees and Mortgagees; and for enabling Courts of Equity to give Effect to their Decrees and Orders, in certain Cases;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

County Rates (Ireland) Bill.

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

To return the Bill, intituled, "An Act to regulate the Applotment of County Rates and Cesses in Ireland, in certain Cases;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Newborough Church Bill.

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

To return the 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;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Lunatics Property Bill.

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

To return the Bill, intituled, "An Act for consolidating and amending the Laws relating to Property belonging to Infants, Femes-Covert, Idiots, Lunatics and Persons of unsound Mind;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Resolutions of East India Co. granting Pensions, &c. delivered.

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

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

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

And then he withdrew.

And the Title thereof being read by the Clerk;

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

26th Report of Com rs of Caledonian Canal, delivered.

The House being informed, "That Mr. Vardon, from the Commissioners of the Caledonion Canal, attended;"

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

"The Twenty-sixth Report of the Commissioners for making and maintaining the Caledonian Canal."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Stage Coach Proprietors Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for the more effectual Protection of Mail Contractors, Stage Coach Proprietors and other common Carriers for Hire, against the Loss of or Injury to Parcels or Packages delivered to them for Conveyance or Custody, the Value and Contents of which shall not be declared to them by the Owners thereof;"

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 Sir Giffin Wilson and Mr. Eden;

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

Russell's Estate Bill, Standing Orders Nos. 26 & 155 dispensed with, & Bill passed:

The House (according to Order) proceeded to take into Consideration the Standing Orders Nos. 26 and 155, relative to Bills not being read or proceeded in Twice the same Day, in order to their being dispensed with on the Bill, intituled, "An Act to effect an Exchange of Part of the Estates in the County of Durham devised by the Will and Codicil of William Russell Esquire, deceased, for Part of the Estates comprised in the Settlement made in pursuance of the Articles upon the Marriage of The Most Honorable Charles William Vane Marquess of Londonderry with The Most Honorable Frances Anne Vane Marchioness of Londonderry:"

And Consideration being had thereof accordingly;

Ordered, That the said Standing Orders be dispensed with on the said Bill.

Then the said Bill was read the Third Time.

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Registrar at Madras Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Relief of the Sufferers by the Insolvency of Gilbert Ricketts Esquire, formerly Registrar of the Supreme Court of Judicature at Madras."

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."

Galway Town Regulation Bill, Petitions against Amendment thereto: (Rev. J. D'Arcy:)

Upon reading the Petition of The Reverend John D'Arcy, a Vicar of the Royal College of Galway, and a Magistrate of said Town:

Vicars, &c. Royal College, Galway:

Also, Upon reading the Petition of the Vicars and Clergy of the Royal College of Galway, whose Names are thereunto subscribed:

V. Blake.

And also, Upon reading the Petition of Valentine Blake, a resident Landowner and Protestant Magistrate of Galway; 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 "to rescind the Amendment made thereto, by which the Protestant Freemen of Galway are, pro futuro, disfranchised:"

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

References to Acts Mistakes Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for correcting mistaken References to Acts of His late Majesty in Acts passed during the present Session of Parliament."

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."

Court of Session Bill reported:

It was moved, "That the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for uniting the Benefits of Jury Trial in Civil Causes with the Ordinary Jurisdiction of the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments of Scotland," be now received."

The Question was put thereupon?

It was resolved in the Affirmative.

The Earl of Shaftesbury accordingly reported the said Amendments.

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

"Pr. 1. L. 3. Leave out ("late")

"L. 15. Leave out ("late")

"L. 26. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

"Pr. 2. L. 24. After ("His") insert ("late")

"L. 34. Leave out ("have")

"L. 35. After ("His") insert ("late")

"Pr. 3. L. 2. Leave out ("and") and in the same Line after ("amended") insert ("and continued")

"L. 3. Leave out ("Particulars") and insert ("Parts")

"Pr. 4. L. 19. Leave out from ("shall") to ("And") in Line 30 and insert ("depend")

"L. 36. Leave out ("originating") and insert ("depending")

"Pr. 5. L. 3. After ("Causes") insert ("not being inconsistent with the Provisions of this Act")

"L. 6. After ("all") insert ("such") and in the same Line leave out from ("Duties") to ("and") in Line 9.

"L. 14. After ("form") insert ("a component")

"Pr. 6. L. 6. After ("depend") insert Clause A.

"Clause A. Provided always, and it is hereby enacted, That if the Judges of the Court of Session who had held the Office of Commissioners of the Jury Court shall, before the Expiry of Three Years, be reduced to Two, it shall be competent to The Lord President of either Division to proceed to Trial, if he think fit, without any Judge who has formerly been of the Jury Court, and they are hereby empowered so to proceed."

"L. 23. Leave out from ("always") to ("that") in Line 30.

"Pr. 7. L. 27. Leave out ("upon every Monday and")

"Pr. 9. L. 16. Leave out ("may either") and insert ("shall")

"L. 18. Leave out from ("Offences") to ("Provided") in Line 22.

"L. 25. After ("Session") insert ("if in their Judgment it shall be considered necessary")

"L. 28. After ("and") insert ("if necessary")

"L. 31. Leave out ("herein last-mentioned") and insert ("provided by the before-recited Acts")

"Pr. 11. L. 13. Leave out ("and") and insert ("shall be continued and remain in force until altered or revoked by Parliament, and that")

"L. 19. After ("Session") insert ("established and enforced by Act of Sederunt")

"L. 20. Leave out ("Provisions")

"L. 24. Leave out from ("by") to ("and") in Line 25 and insert ("Acts of Sederunt")

"Pr. 12. L. 29. After ("Majesty") insert Clause B.

"Clause B. And be it enacted, That when the Office of Lord Justice General shall have devolved upon The Lord President of the Court of Session, and when he shall deem it expedient to be present at any Circuit Court, it shall be lawful for him to dispatch Business in such Court, whether any other Judge or Judges of the Court of Justiciary be or be not present; any thing contained in an Act of the Parliament of Scotland, passed in the Year One thousand six hundred and seventy-two, intituled, "An Act concerning the Regulation of the Judicatories,"or in an Act passed in the Twentieth Year of the Reign of His Majesty King George the Second, intituled, "An Act for taking the Heritable Jurisdictions in that Part of Great Britain called Scotland, and for making Satisfaction to the Proprietors thereof, and for restoring such Jurisdictions to the Crown, and for making more effectual Provision for the Administration throughout that Part of the United Kingdom, by the King's Courts and the Judges there, and for obliging all Procurators, Writers or Agents in the Law in Scotland to take the Oaths, and for rendering the Union of the Kingdoms more complete," or in any other Law or Custom to the contrary notwithstanding."

"Pr. 13. L. 3. Leave out ("Chief")

"Pr. 14. L. 35. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

"Pr. 16. L. ult. After ("that") insert ("if any Doubt shall arise touching the Transmission of any such Process, it shall be competent to the Clerk of the High Court of Admiralty, or to any Party in any such Cause, to apply to the Lord Ordinary on the Bills, who shall give Directions thereupon, and whose Directions shall be final; and provided also that")

"Pr. 18. L. 32. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

"Pr. 21. L. 34. Leave out from ("Account") to ("And") in Press 22, Line 9, and insert Clause C.

"Clause C. And be it enacted, That it shall and may be lawful for the Incorporated Solicitors practising before the Consistorial Court of Edinburgh previous to the passing of this Act, and they and each of them are and is hereby authorized and empowered, during their respective Lives, to conduct, as Agents or Agent before the Court of Session, all or any Causes or Proceedings, such as have heretofore been carried on before the Court of the Commissaries of Edinburgh, which may hereafter be proceeded in, heard or determined before the Court of Session."

"Pr. 23. L. 13. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

"In the Second Column of the Schedule annexed to the Bill, Line 1. Leave out ("Cause") and insert ("Causes")

The Twenty-five first Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

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

Line 14. After ("taking") insert ("away and abolishing")

Line 19. After ("Administration") insert ("of Justice")

Line 21. After ("all") insert ("Persons acting as")

The rest of the Amendments made by the Committee to the said Bill, being read a Second Time, were agreed to by the House.

To be read 3a.

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

Consolidated Fund Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to apply the Sum of One million five hundred thousand Pounds out of the Consolidated Fund to the Service of the Year One thousand eight hundred and thirty; and to appropriate the Supplies granted in this Session of Parliament."

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

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

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

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

Report of H.C. on Holyhead, &c. Roads communicated.

The Messengers sent to the House of Commons on Wednesday last, to request that they would be pleased to communicate to this House, "A Copy of a Report made from the Select Committee appointed by that House on the Holyhead and Liverpool Roads," acquainted the House, "That the Commons had delivered to them a Copy of the said Report, as desired."

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

Administration of Justice Bill, Com ee on:

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for the more effectual Administration of Justice in England and Wales;" 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.

Petition from Chester against it.

Upon reading the Petition of The Mayor, Aldermen, Bankers, Merchants, Tradesmen and other Inhabitants of the City of Chester, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That the same may not pass into a Law in its present Shape, but that all the various Provisions therein affecting the peculiar Judicature of the City and County of Chester may be left out, and that if the Attendance of the Judges of the Realm in the Courts of the County should render any Modification of the Constitution of such Courts necessary, due Provision may be made for securing to the Petitioners, and others, all the Advantages they at present enjoy under their Local System of Judicature; and that minute and ample Enquiry may be made before any Alteration whatever is adopted:"

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

Law of Libel Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to repeal so much of an Act of the Sixtieth Year of His late Majesty King George the Third, for the more effectual Prevention and Punishment of Blasphemous and Seditious Libels, as relates to the Sentence of Banishment for the Second Offence; and to provide some further Remedy against the Abuse of publishing Libels;"

The said Bill was accordingly read a Second Time.

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

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

Address of H.C. respecting Sir J. Barrington further considered:

The Order of the Day being read for taking into further Consideration the Address communicated by the Commons at the Conference on the 25th Day of May last, for the Removal of Sir Jonah Barrington from the Office of Judge of the High Court of Admiralty in Ireland; and for hearing the said Sir Jonah Barrington, by himself or his Counsel, against any Charge to be brought against him; and for the Lords to be summoned;

Counsel were accordingly called in.

Mr. Grady was heard on behalf of Sir Jonah Barrington.

Then William Richardson was called in; and having been sworn, was examined as follows:

(Mr. Grady.) "Are you King's Proctor in the Court of Admiralty in Ireland?"

"I am."

"How many Years have you been in that Court as Proctor?"

"I have been above Thirty Years Proctor in the Court."

"Have you been acquainted with Mr. Pineau since he became in Office?"

"I have."

"Do you recollect being called upon by the Government to make Inquiry and Report touching Proceedings in the Cause of the Redstrand?"

"I was; the Report will shew the Date of it, and speak for itself."

"Do you recollect, in making your Report, and before you made it, having upon any Occasions Communications with Mr. Pineau, the Registrar of that Court?"

"I had many Communications with Mr. Pineau."

"Had you your Communications before that Period, and before he was examined by the Commissioners of Inquiry?"

"I made a Report to the Commissioners of Inquiry, to His Excellency The Lord Lieutenant, which I transmitted through Mr. Gregory; that Report I made according to the Circumstances of the Case, considering that I was bound to make it in good Faith, and I was on my Oath."

"Did you get any Information from Mr. Pineau touching that Report?"

"I got Information from Mr. Pineau that there were lodged in the Bank something about £200, as my Recollection serves me, in the Case of the Redstrand Derelict; a very small Balance; after Payment of the Sums of Money that were then in the Bank at the Time, I made the Report of what had become of the Proceeds in the Sale of that Vessel."

"Did he at that Time ever mention to you that he had a Claim on Sir Jonah Barrington on account of these Proceeds, or any other?"

The Counsel was informed, "That no Evidence could be given of the Communications between the Witness and Mr. Pineau, except for the Purpose of contradicting Mr. Pineau."

"From your Knowledge of Mr. Pineau's Situation and Circumstances, and Dealings and Transactions, was he a Man in such Circumstances as could afford to be out of Pocket the Sum of £585 for Fourteen or Fifteen Years?"

"I am not acquainted with the pecuniary Circumstances of Mr. Pineau, nor was I intimately acquainted with him; it is a delicate Thing to say that I could know his private Money Transactions."

(By a Lord.) "Had you any Means of knowing what the State of his Circumstances was?"

"No further than Conversations that might occasionally occur respecting a Gentleman."

"Do you mean Conversations with third Persons?"

"I mean with third Persons. He is a Gentleman that has been in good Practice as a Solicitor, and married to a Lady of Fortune, and a respectable Man."

Cross-examined by Mr. Attorney General.

"I suppose your Transactions with Mr. Pineau have generally been in his official Character as Registrar?"

"In his official Character as Registrar."

"Have you found him punctual in his Payments in that Character?"

"Very prompt in his Payments; very punctual."

"How long have you been King's Proctor?"

"I think it was about the Year 1811 or 1812."

"You succeeded Mr. Hamilton?"

"I did."

The Witness was directed to withdraw.

Then James Watt was called in; and having been sworn, was examined as follows:

(Mr. Grady.) "You are an Officer in the Court of Admiralty in Ireland?"

"I am a Proctor in the Irish Admiralty."

"I understand you came with those Books which were produced to their Lordships?"

"I came from Ireland with the Books of the Admiralty Court that were exhibited here the Day before Yesterday; I came by the Directions of the acting Judge of the Admiralty, in consequence of a Communication from the Solicitor of the Treasury."

"Did you bring any official Documents authenticating those Books as being the proper Books, and the only Books that could be found in the Admiralty?"

"I had transmitted to me by the Judge the Documents which I shall produce."

(By a Lord.) "The Books which you have produced here-did you receive them from the Judge?"

"I did, from the acting Judge, as the Books of the Court of Admiralty. He told me they were the Books he got in the Registry."

"What is the Nature of the Document you have in your Hand?"

"It is an Affidavit made by Mr. Stephens, who I know to be the Clerk of Mr. Pineau."

"Are you in the Register Office yourself?"

"No."

"Do you know any thing of those Books yourself?"

"Nothing more than seeing them occasionally. I am merely an Officer that has brought those Books here."

"What Office do you hold in the Admiralty Court?"

"I am merely a Proctor, to whom the Judge intrusted those Books."

"You bring the Books merely as a Messenger?"

"Exactly so."

"Have you got the first Book, from 1805 to 1810?"

"No; it is upon the Table."

"What is the latest Period at which you have seen those Books?"

"I have seen those Books in the Register of the Admiralty since I became connected with the Court."

"Do you know whether they are Copies or original Books?"

"No, I do not know whether they are Copies or Originals. I heard Mr. Pineau swear that there are certain of them Originals and certain of them that are Copies."

The Witness was directed to withdraw.

Then Daniel Pineau was again called in, and further examined as follows:

"Will you read, from the Book of the Admiralty Court, an Entry which you find of the Date of the 8th of May 1805?"

The Witness read the same as follows:

"It appearing to the Judge that the Rule Books of the Court in the Hands of Daniel Pineau Esquire, Registrar, have been taken out of his Possession, and purloined by some Person or Persons yet undiscovered, whereby great Inconvenience, and probably Injury, may arise to divers Suitors in the Court, said Rule Books commencing in January 1805 and ending the 11th of January 1806; it is ordered by the Judge, that the several Proctors concerned in the several Causes proceeded or commenced during that Period do as soon as possible communicate to said Registrar such Abstract or Abstracts of Proceedings as took place in the several Causes promoted by them within that Period, and do furnish such other Materials and Documents in their Power as may tend to enable said Registrar to make up or collect new Books, so far as same may be authentically ascertained by such Means or otherwise; and it is further ordered, that the said Proctors and Registrar may from Time to Time apply to the Judge for further Orders therein, or Corrections from his Notes, for any Point in Controversy between Parties or Proctors on said Causes."

"Had you, during that Interval from 1805 to 1806, the original Minutes, so as to enable you to make up new Books in your Office?"

"Most certainly."

"If you had the original Minutes, why was it necessary to apply to the Proctors for the Purpose of getting all the Documents?"

"That was only in case there might be any Variations where it might be necessary; but I had all the Minutes of the Proctors at that Period, and they were in the habit of giving me Fiats for the Rules to be entered; and from those Fiats, from the Rules, from Communication with the Proctors, and from the Judge's Orders in his own Handwriting, I ordered those to be written there, and they are perfect."

"You therefore made up the Books during the whole of that Period to which the Books related?"

"I did."

"From the Materials you have mentioned, namely, from the Minutes, and from the Communications with the Proctors, and from Reference to the Judge's Notes?"

"Yes."

"You state that that was so?"

"Perfectly so."

The Witness was directed to withdraw.

Mr. Attorney General was heard in reply.

The Counsel were directed to withdraw.

Ordered, That the further Consideration of the said Address be put off to Monday next; and that the Lords be summoned.

Evidence thereon, to be printed.

Ordered, That the Evidence taken on the Consideration of the said Address be printed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.