House of Lords Journal Volume 63: 4 July 1831

Die Lunæ, 4° Julii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lovat Peerage, Com ee put off.

Ordered, That the Committee for Privileges, to whom the Petition of Thomas Alexander Fraser of Lovat, in the County of Inverness, and of Strichen, in the County of Aberdeen, in North Britain, to His Majesty, claiming the Barony of Lovat, with His Majesty's Reference thereof to this House, stands referred, which stands appointed for this Day, be put off to Wednesday the 13th of this instant July; and that Notice thereof be given to His Majesty's Attorney General and The Lord Advocate for Scotland.

Rowe v. The King, in Error.

The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein Richard Radford Rowe is Plaintiff, and The King is Defendant; and for the Judges to attend;

Ordered, That the arguing of the said Errors be put off to Wednesday next; and that the Judges do then attend.

Giles v. Grover & Pollard, in Error:

The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein Daniel Giles Esquire is Plaintiff, and Harry Grover and James Pollard are Defendants; and for the Judges to attend;

Counsel were accordingly called in:

And the Plaintiff's and Defendants Counsel being fully heard;

As also One Counsel for the Plaintiff, by Way of Reply;

The Counsel were directed to withdraw.

Questions put to the Judges.

Proposed, "That the following Questions of Law be put to the Judges; (viz ^t.)

"1. A common Person brings his Action against another and obtains Judgment, issues a Writ of Fieri facias upon that Judgment, and delivers the Writ to the Sheriff, who, in Execution thereof, seizes the Goods of the Defendant; while the Goods remain in the Sheriff's Hands, and before he has sold them, a Writ of Extent in Aid is issued against the same Defendant, as Debtor of a Debtor of the Crown, tested after the Seizure under the Fieri facias, and is delivered to the said Sheriff; shall this Writ of Extent be executed by the Sheriff extending the same Goods, seizing them into The King's Hands, and selling them to satisfy the Crown's Debt, without Regard to the Writ of Fieri facias under which he had first seized them?

"2. All other Things remaining the same, does it make any Difference whether the Writ of Extent was in Chief or in Aid?"

The same was agreed to; and the said Questions were accordingly put to the Judges:

And the Judges desiring Time to consider the said Questions;

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

Mellish v. Richardson, in Error.

The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein William Mellish is Plaintiff, and George Richardson is Defendant; and for the Judges to attend;

Ordered, That the arguing of the said Errors be put off sine Die.

The Provost, &c. of Dingwall et al. v. Mackenzie & Munro.

It was moved, "That the Order made on Friday last, "That the Hearing of the Cause wherein The Provost and Magistrates of Dingwall, and others, are Appellants, and The Honorable Mrs. Maria Hay Mackenzie and Hugh Munro Esquire are Respondents, which stands appointed for this Day, be put off to Friday next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

The Glamorganshire Canal Co. v. Blakemore, in Error.

Ordered, That the Errors assigned upon the Writ of Error wherein the Glamorganshire Canal Company are Appellants, and Richard Blakemore is Defendant, be argued by Counsel at the Bar on Friday next.

Doe v. Hicks, in Error, Judges to attend.

Ordered, That the Errors assigned upon the Writ of Error wherein John Doe, on the several Demises of Francis Hearle and others, is Plaintiff, and Susanna Jemimah Hicks is Defendant, be argued by Counsel at the Bar on Wednesday next; and that the Judges do then attend.

Mrs. Turton's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned;

Counsel were accordingly called in:

And Mr. Gambier appearing as Counsel on behalf of the Petitioner;

And no Counsel appearing for Mr. Turton;

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

The Evidence taken on the former Bill, in the last Session of Parliament, was read, as follows; (viz ^t.)

"Die Mercurii, 30° Martii 1831.

"The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned;

"Counsel were accordingly called in:

"And Mr. Adam and Mr. Gambier appearing as Counsel on behalf of the Petitioner;

"And no Counsel appearing for Mr. Turton;

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

"The Counsel were directed to withdraw.

"Ordered, That the further Consideration and Second Reading of the said Bill be put off to Wednesday the 20th of April next; and that the Lords be summoned; and that the Witnesses who were Ordered to attend do then attend.

"Die Mercurii, 20° Aprilis 1831.

"The Order of the Day being read for the further Consideration and Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned;" and for the Lords to be summoned;

"Counsel were accordingly called in:

"Then John Inskip was called in; and having been sworn, was examined as follows:

"(By Counsel.) Are you Clerk to Messieurs Dyneley, Coverdale and Lee?"

"Yes."

"Did you serve a Copy of the Bill, and the Order for the Second Reading, upon Mr. Charles Bowdler?"

"Yes."

"Is he Mr. Turton's Proctor?"

"He is."

"Do you produce the Order of the House for Service upon Mr. Bowdler, which was made upon the 16th of March?"

"Yes."

"Do you produce a Certificate of the Marriage of Thomas Edward Michell Turton and Louisa Browne?"

"Yes."

"Did you examine that with the Original in the Register?"

"I did."

"In what Parish?"

"In Saint Clement's, Hastings."

"Will you deliver in the Certificate?"

"The Witness delivered in the same, which was read as follows:

"The Year 1812.

"Thomas Edward Michell Turton Esquire, of the Parish of Sing field, in the County of Surrey, and Louisa Browne Spinster, of this Parish, were married in this Church by Licence this 2nd Day of Novr in the Year One thousand eight hundred and twelve.

"By me, Webster Whistler Rector."

"This Marriage was solemnized between us, Thomas Edward Michell Turton. Louisa Browne."

"In the Presence of,

"Clementia Rogers.

"G. Browne.

"Francis Browne.

"Julia Anna Browne.

"Caroline G. Browne.

"The Witness was directed to withdraw.

"Then General Gore Browne was called in; and having been sworn, was examined as follows:

"(By Counsel,) I believe you are a General Officer in His Majesty's Service?"

"I am."

"Is Mrs. Louisa Turton your Daughter?

"She is."

"Were you present at her Marriage with Mr. Turton?"

"I was."

"Where was it celebrated?"

"At Hastings."

"Do you recollect when?"

"It was on the 2d of November 1812."

"Did Mr. and Mrs. Turton live together as Man and Wife?"

"Yes."

"Do you remember the Circumstance of Mr. Turton going to India?"

"I do remember the Circumstance."

"Have you a Daughter named Adeline?"

"I have."

"Did Miss Adeline Browne form Part of your Family at the Time that Mr. Turton went to India?"

"She did."

"Did Mrs. Turton accompany her Husband to India?"

"She did."

"What Year was this in?"

"It was in the Year 1822, to the best of my Recollection."

"At the Time that Mr. and Mrs. Turton went to India, where were you living?"

"At Bath."

"Do you recollect your Daughter Adeline leaving your House about that Time?"

"I do."

"Was it with your Knowledge?"

"Certainly not."

"It was a Matter of Surprise to you?"

"Undoubtedly."

"Did you know where she had gone?"

"Not at the Time."

"Did you go any where in consequence of her leaving the House?"

"I did."

"Where did you go?"

"To Portsmouth."

"For what Purpose?"

"For the Purpose of reclaiming her."

"Were you enabled to find her?"

"No; I never saw her from that Moment to this."

"How long did you continue in the Neighbourhood of Portsmouth in endeavouring to find her?"

"I went with my eldest Daughter, who is dead since."

"What was her Name?"

"Julia; and my Son-in-Law, Sir Orford Gordon Baronet."

"How long did you continue in the Neighbourhood of Portsmouth?"

"The Moment I heard of the Matter, the Party that I speak of entered a Postchaise and drove for Portsmouth; we searched several Inns there, and could find nothing of her. Not finding her at any of the Inns that I examined, I went on to Hare Townsend's, Esquire, at Busbridge, where Mr. Turton and his Wife had been on a Visit. We arrived late at Night, and my Daughter and my Son-in-Law went up to the House: I remained at the Inn; and the Family there told me that they had gone off."

"You did not find her there or any where else?"

"No."

"Had you Reason to suppose, at the Time of her Elopement, that she was about to leave your Family to accompany Mr. and Mrs. Turton to India?

"Unquestionably not."

"You had no Suspicion of the kind?"

"Not the slightest."

"(By a Lord.) Have you ever seen your other Daughter, Mrs. Turton, since?"

"Yes."

"(By Counsel.) Did Mrs. Turton return from India?"

"She did."

"When was that?"

"I think she returned in 1824."

"Has she been living under your Protection since that Time?"

"She has."

"Is she living so now?"

"She is so now."

"Do you know whether Mr. Turton has been in England since?"

"I do know that he has been in England; I never saw him."

"Do you happen to know whether Mrs. Turton has ever seen Mr. Turton while he was in England?"

"I do not know that she ever did see him; and I do not believe that she did see him."

"You have no Reason to believe that she did?"

"Certainly none."

"(By a Lord.) You have not seen Mr. Turton since he came back to England?"

"Never."

"Did Mrs. Turton ever mention to you having seen him since he came back?"

"Never; I do not believe that she did see him."

"Did Miss Adeline Browne come back from India with him?"

"Yes, she did."

"Did Miss Adeline Browne ever see your Daughter, Mrs. Turton?"

"Not that I am acquainted with; if she did see her, it must have been very casually, in passing."

"Do you know whether she ever had any Conversation with her?"

"I do not believe she ever had."

"You never heard her say so?"

"Certainly not."

"When did you know from Mrs. Turton that she first was made aware of this Calamity which has happened to your Family?"

"I cannot tell exactly the Time, but I believe it was discovered in a Letter; the first Notice or Idea that she had of it was, I believe, in a Letter, but how it was addressed I cannot say."

"When was that?"

"I should think that must have been in the Beginning of 1822."

"How long before she went to India?"

"Very shortly. I was in total Ignorance of the whole Thing."

"Your Two Daughters went out together in the same Ship?"

"I believe they did."

"Did they associate together in the same Cabin?"

"I believe the Object of my married Daughter was Concealment; her Object was to spare the Feelings of her Father and Mother and her Family; and she consented to this for the Sake of Concealment."

"After she got to India, do you know from her whether Miss Browne continued living in the House with her in India?"

"I fancy they did live in the House together."

"At Calcutta?"

"I apprehend so, but I have no personal Knowledge of it."

"You only know it from Mrs. Turton?"

"Only."

"How long does Mrs. Turton tell you that she continued living in the House with Miss Browne at Calcutta?"

"I understand that she lived but a very short Time with them. I cannot possibly say the length of Time; her Object was to return to Europe."

"Then she came back to Europe in 1824?"

"Yes."

"In the End of 1824, or the Beginning?"

"I should think the Beginning of 1824, or the Middle of 1824."

"What Time in 1822 did they sail from this Country?"

"They sailed, I think, from this Country in August 1822."

"Did you ever hear her say about what Time they arrived at Calcutta?"

"I think they arrived at Calcutta in January 1823."

"And she sailed from Calcutta again about January 1824?"

"I could not possibly say the Month, but it was in 1824, to the best of my Recollection."

"During those Twelve Months that she was in India did she and Miss Browne live in the same House?"

"I apprehend they did live in the same House, but I really do not know. I directed my Family that nothing should ever be mentioned on the Subject; I directed that the Name should never be mentioned."

"Do you know from your Daughter, Mrs. Turton, that during the Time she and her Sister lived in the House together at Calcutta she treated her like a Sister, and was upon Terms of Civility with her?"

"I should think that she was, because I believe that Mrs. Turton's Object was Concealment; she wanted to save the Feelings of her Family."

"Had either she or her Sister any other Friends at Calcutta besides themselves to whom they were known?"

"What Friends they may have made I cannot say; but when they went out I do not believe they had any Friends in Calcutta."

"Mrs. Turton's Object being Concealment during that Twelve Months, and during the Passage, when she allowed her Sister to go out with her, after the Discovery was made, what was it that made her change her Plan, and come over from India to you?"

"The Reason was, as I understood, that Mr. Turton did not keep Faith with her; that he promised to return and did not return."

"Do you mean, to return with her?"

"No, I am not certain of that."

"In what Way did he break Faith?"

"In not allowing Adeline to come back."

"Do you understand from your Daughter, Mrs. Turton, that she remained a whole Year there without insisting upon Miss Adeline coming back or leaving the House?"

"No, I do not believe any thing of the kind; I believe she always looked to her coming back, and finding that she failed, she came alone."

"Do you understand from your Daughter, Mrs. Turton, that Mr. Turton cohabited with her Sister during those Twelve Months at Calcutta?"

"That I cannot answer; I do not know any thing of that; I believe firmly that she endeavoured as much as possible to keep them asunder."

"Did they all live in the House together?"

"I have already mentioned that I forbid this Matter ever to be mentioned in my House."

"Did I understand you, that, in the Passage out, Mrs. Turton was aware of any Intercourse taking place on the Voyage between her Husband and her Sister?"

"I do not believe that she knew any thing about it, so far as I have been informed."

"What Age are you?"

"I am now Sixty-seven Years of Age."

"Consequently, you would be Fifty-eight at the Time they left England?"

"Yes."

"Were you in good Health at the Time?"

"In the most perfect Health."

"And she did not appeal to you upon making the Discovery, and call upon you to prevent her Sister going out with her?"

"She did not know any thing about her Sister going out with her; on the contrary, her Sister was with me in Bath, and she eloped from Bath to join them on their Passage to India."

"When did she join Mr. Turton?"

"I think she left Bath on the 20th of July 1822; and she went off from Bath, and joined them, as I understood, at Andover."

"Did Mrs. Turton make any Communication to you to call for your Interposition to prevent Adeline going out with her?"

"She had not the Power of communicating with me; I sought after her, and could not find her. I was imposed upon at Portsmouth by a Report that they had gone to Plymouth. I saw the Captain of the Vessel they went in, and he said that Mr. Turton made an Agreement with him to take him on board at Plymouth."

"Did she write any Letter to you?"

"I never had a Line from One of them from the Day they went 'till the Day they came back again; nor did I ever write to them."

"Has she never explained to you how it happened that she did not, in order to prevent her Sister going out with her in the same Ship, throw herself upon your Protection, and beg you to keep your Daughter Adeline from going?"

"She was not with me at the Time."

"Did she never write to you?"

"She never did, and she was prevented writing."

"Had you no Letter from her 'till she got to India?"

"No, never; nor since."

"Who was the Captain she went out with?"

"The Sir Edward Paget was the Name of the Vessel, and the Captain was a Lieutenant in the Navy, but I forget his Name."

"Was he an Acquaintance of your Family?"

"None in the World."

"Was he a married Man?"

"He was, and had a Family at Portsmouth."

"Was his Wife to go out with him?"

"I believe not."

"Did any married Woman, who was an Acquaintance of Mrs. Turton's, go out in the Ship with her?"

"Not that I know of."

"You mentioned a Person of the Name of Hare Townsend; is he a Gentleman who lives in Hants?"

"Yes, I believe."

"Is he a Friend of yours or Mr. Turton's?"

"He was a Friend of Mr. Turton's; he was no Friend of mine: he was an Acquaintance of mine; we had exchanged Visits."

"Was he a married Man?"

"Yes."

"Was his Wife a Friend of Mrs. Turton's?"

"I should think so, but I cannot positively say that."

"You have said that she could not write to you; what did she say prevented her from writing to you?"

"I never heard a Syllable of the Criminality of the Transaction until the Year 1826."

"What Reason have you for saying that Mrs. Turton was prevented from writing to you?"

"She told me so."

"How was she prevented?"

"I cannot say that Coercion was used, or any thing of that sort; but I know that she was carefully watched, and prevented communicating with her Family."

"Did she get to England as soon as she possibly could?"

"If you calculate the Time that she went and the Time that she returned, the Distance of that Country from this, and the Difficulty of obtaining Passages, I conceive she returned as soon as she well could return."

"Did you receive any Letters at all from Mrs. Turton while she was in India?"

"No."

"Or before she went to India?"

"Never."

"Upon any Subject?"

"Upon any Subject whatever."

"Has Mrs. Turton ever told you that she made any Attempts to require Miss Adeline Browne to go back from Mr. Turton, and not to go to India with him, before she sailed from England?"

"I understand that Mr. Turton went down on his Knees to her to intreat that she would permit that unfortunate Girl to go with her."

"Did she threaten to write to you if Miss Browne persisted in going out with her?"

"I cannot say positively that, but I believe she made every Endeavour."

"Have you not, since she came Home, asked her why she did not threaten to write to you?"

"I understood from her, in the only Conversation I ever had with her, at that Time, that she would have endeavoured to have communicated with me, but that she was prevented."

"What Age was Mrs. Turton in the Year 1822?"

"I suppose she was Seven or Eight and twenty."

"Was she a nervous weak Woman, or a Woman of sufficient Strength of Mind?"

"Mrs. Turton is very far from being a nervous or a weak Woman; she is a very sensible Woman; but she felt the Injury done to her Family, and she wished to conceal it."

"You were understood to say that you conceived the great Motive that Mrs. Turton had in putting up with such Usage so long was, a Desire to conceal the Affair from her Parents?"

"Undoubtedly."

"And that you imputed to that Motive her putting up patiently and quietly with so much Ill-usage?"

"To that, and that alone."

"You yourself were in perfectly good Health at the Time?"

"I was in perfectly good Health at the Time, and have enjoyed uncommon good Health through all my Life."

"How long do you understand from Mrs. Turton that it was after they met at Andover before the Ship sailed?"

"It must have been a few Days."

"Had Mrs. Turton ever confided this fatal Secret, which she learnt from a Letter, to any body else, before she sailed?"

"No; I believe she did not confide it to any Human Being, for Concealment was her entire Object."

"(By Counsel.) What Year and what Time of the Year did you go to Bath to reside?"

"I went to Bath to reside in the Month of February 1822."

"Do you recollect about that Time Mrs. Turton going to Brighton to reside, while Mr. Turton was continuing in London following his Profession?"

"I do."

"How long did Mrs. Turton continue to reside at Brighton?"

"I cannot positively say that; it must have been for a short Time."

"But Mrs. Turton did go to Brighton while Mr. Turton continued to live in London?"

"She was at Brighton, but I had no Apprehension of this sort."

"I understood you to say that you never heard of this 'till Mrs. Turton's Return?"

"Never. I did not hear of it upon her Return. I heard of it, I suppose, a Year and a Half after she returned. In 1826 was the first Notice I had of any Criminal Connexion having taken place."

"How long do you think Mrs. Turton continued to reside at Brighton while her Husband lived in London following his Profession?"

"I do not recollect that."

"Miss Adeline Browne accompanied you to Bath?"

"She did."

"How long did you live at Bath before she eloped?"

"From February 'till July of the same Year."

"Then from February to July had Mr. Turton any Means of Intercourse with Miss Adeline Browne?"

"I know of none, except one Occasion when he came to Bath, when I did not see him. He was employed, as I understood, in a Direction in Cornwall, and he went by Bath; but he was in such a Hurry to do his Duty, whatever it was, that he went off without coming to my House, and I never saw him."

"Then with that Exception, do you believe that Mr. Turton and Miss Browne ever had any personal Conversation with each other, from the Time you went to reside at Bath 'till he went Abroad?"

"Never that I heard of."

"Was it previous to your going to Bath that Mrs. Turton went to Brighton?"

"Yes, certainly."

"Did Mrs. Turton take Leave of you and of her Mother before she went to India?"

"Mrs. Turton and Mr. Turton both intended to come to Bath to take Leave of us, but as I had a very short Time before seen them in London, and taken Leave of them in London, I wrote, or directed it to be written, that a Second Parting would be painful to the Feelings of the Family."

"The Witness was directed to withdraw."

"Then Martin Petrie was called in; and having been sworn, was examined as follows:

"(By Counsel.) Are you acquainted with Mr. and Mrs. Turton?"

"I am."

"Did you go out with them to India in the Sir Edward Paget?"

"I did."

"What Year was that?"

"In 1822."

"Were they accompanied by Mrs. Turton's Sister, Miss Adeline Browne?"

"They were."

"When did the Ship sail from Portsmouth?"

"On the 1st of August."

"When and where were Mr. and Mrs. Turton taken up?"

"Off the Isle of Wight."

"Was it at the Back of the Isle of Wight?"

"At the Back of the Isle of Wight."

"Was there any other Person in Company with them?"

"A Female Servant and a Man Servant."

"Do you recollect the Maid Servant's Name?"

"I do not."

"Her Christian Name?"

"I do not."

"Or the Man Servant's?"

"No, I do not."

"Where did Mr. Turton dine during the Voyage?"

"In the Cuddy."

"Where did Mrs. Turton dine?"

"On the Deck."

"Did she dine on the Deck in a Situation where Persons could see her?"

"Certainly."

"Where did Miss Adeline Browne dine?"

"With Mrs. Turton."

"Do you know the Position of the Cabins in which they lived?"

"I do."

"How many Cabins were there?"

"Two."

"Do you know in which Cabin Mrs. Turton slept?"

"I do not."

"Are you able to say how many Beds there were in one of the Cabins?"

"I cannot say."

"Did you ever see Mr. Turton in one of the Cabins, occupying it as his separate Apartment?"

"I never did."

"Are you able to say where the Maid Servant slept?"

"I am not."

"Did she sleep in one of those Cabins?"

"I suppose so."

"(By a Lord.) What leads you to suppose that the Maid slept in one of those Cabins?"

"Because those were the Two Cabins which Mr. Turton had taken."

"(By Counsel.) Do you know whether the Two Ladies and the Maid slept in one of the Cabins?"

"I do not know it."

"Did you ever see them go into one Cabin?"

"Not particularly one Cabin more than the other."

"When did you arrive at Calcutta?"

"On the 31st of December 1822."

"Were you Purser of the Woodford after this?"

"I was."

"Do you recollect the Woodford sailing from Calcutta?"

"I do."

"When did she sail from Calcutta?"

"In January 1824."

"Did you engage a Cabin on board the Woodford for Mrs. Turton?"

"I did."

"When did you first engage the Cabin?"

"In November 1823."

"(By a Lord.) At what Time did you arrive in India?"

"On the 31st of December 1822."

"(By Counsel.) When you engaged the Cabin, did you understand who was to accompany Mrs. Turton to England?"

"I understood that Miss Browne was to accompany her."

"Was Mrs. Turton's Passage on board the Woodford abandoned?"

"It was."

"When was it abandoned?"

"About a Fortnight after it was taken."

"Do you know in consequence of what the Passage was abandoned?"

"In consequence of Mrs. Turton's Illness."

"Do you know the Nature of Mrs. Turton's Illness?"

"A very dangerous Fever, I believe."

"Were you afterwards applied to by Mrs. Turton on the Subject of the Passage?"

"I was."

"What was the Application made to you?"

"On Mrs. Turton's Recovery, to get the same Cabin for her in the same Ship."

"How soon after it was abandoned was that Application made?"

"I cannot say exactly; I suppose about a Month or Six Weeks; on Mrs. Turton's Recovery."

"Was the Passage in the meanwhile taken by another Person?"

"It was."

"Do you happen to know what became of the Maid who accompanied Mrs. Turton to India?"

"She remained in Calcutta."

"(By a Lord.) Could Mrs. Turton have got a Passage to England before November 1823?"

"Yes."

"Were there constant Opportunities of coming away?"

"Yes."

"Every Month?"

"Not every Month; Ships do not come all the Year through."

"How early could she have come away; could she have come away in April?"

"April is not considered to be a good Season to leave Calcutta."

"In March?"

"In March."

"In May?"

"May is a bad Time to leave."

"June?"

"Ships seldom leave in June."

"In July?"

"Ships seldom leave in July."

"In August?"

"Ships seldom leave in August."

"In September?"

"Yes; in September she might."

"In October?"

"In October."

"She did, in point of fact, sail when?"

"She sailed in November 1824; not being able to get any other Passage, after the Woodford, before that."

"Was the Conduct of Mrs. Turton correct and proper on the Way to India?"

"Quite so."

"There was no flirting with any other Gentleman?"

"Not that I saw."

"Were there any Gentlemen on board?"

"Yes."

"Officers?"

"Yes."

"And Cadets?"

"Yes."

"And there was no Appearance of flirting with them?"

"Not that I saw."

"Were you an Officer on board the Ship?"

"No; I was a Passenger in the Sir Edward Paget."

"Did you visit the Family in India?"

"I did."

"Frequently?"

"Frequently."

"Did Miss Adeline Browne form Part of the Family?"

"She did."

"Did she live with them like a Sister?"

"Yes."

"Did you ever suspect any thing of the sort?"

"Not at all."

"Did Mr. Turton live with the Two Ladies in the same Way as a Man usually lives with his Wife and his Wife's Sister?"

"I believe he did."

"Was Mrs. Turton a Person of any degree of Levity of Conduct, in flirting with Men; or did she live a very quiet Life in India?"

"I hardly know how to answer that Question."

"Did any Gentleman live in the House except Mr. Turton?"

"I believe none."

"Did you frequently dine there?"

"Yes."

"Did you ever see any other Gentleman dining there more frequently than others?"

"No, I do not know that ever I did."

"You never saw any body pay any particular Attention to Mrs. Turton?"

"Not that I should have made any Observation upon."

"You never observed any Levity, or any particular Attentions?"

"No; not with one more than another."

"Had she any Female Friend there that she was intimate with?"

"I fancy none."

"No Family that she was connected with, or upon intimate Terms with?"

"I believe not; I should mention that my own Wife went out with me, and she used to visit her."

"Did she become intimate with Mrs. Turton?"

"Yes."

"Had she known her before?"

"No."

"What Part of the Country do you reside in?"

"I resided in London before I went away."

"Is your Wife here?"

"She is."

"Did she come back in the Ship with Mrs. Turton?"

"She did not."

"Did she visit her in India?"

"Yes."

"Did she ever live in the House with her?"

"As we had to give our up House, we spent the last Fortnight in the House with Mrs. Turton; Mr. Turton was then at Sand Heads for his Health."

"Were Mrs. Turton and Mrs. Petrie not only intimate, but confidential together?"

"I should not say they were confidential, but they were intimate."

"Mrs. Petrie is perhaps an older Woman than Mrs. Turton?"

"No, I fancy not."

"From any thing that passed in your Presence, had you any Reason to suppose that any thing was going on between Mr. Turton and Miss Browne?"

"Never. I heard it mentioned at Calcutta, after we had arrived a few Months, and I was going to tell Mr. Turton of it, that he might take notice of it to the Parties that spread the Report."

"How long after you arrived at Calcutta did you hear the Report?"

"I should think about Three Months."

"Did you not mention it to Mr. Turton?"

"No, I did not; I was advised not to do it.

"And of course you never mentioned it to Mrs. Turton?"

"Never."

"The Witness was directed to withdraw."

"Then William Russell M.D. was called in; and having been sworn, was examined as follows:

"(By Counsel.) I believe you were a Surgeon living at Calcutta, and practising there?"

"I was."

"Were you so in the Years 1822, 1823 and 1824?"

"I was."

"Do you remember Mr. and Mrs. Turton and Miss Browne arriving at Calcutta?"

"I do."

"How early after they arrived did you become acquainted with them?"

"I became acquainted with them in January 1823; I think it was within a Day or Two of their Arrival."

"Where were they living at that Time?"

"They were living with Mr. Colvin, an Agent in Calcutta of the House of Colvin and Company."

"Did they afterwards go into a Residence of their own?"

"They did."

"Your Acquaintance continued with them during the whole Time of Mrs. Turton's remaining in India?"

"It did."

"Were you upon any Terms of Intimacy with them?"

"Yes; I was upon particular Terms of Intimacy with them."

"Do you remember in the Month of April 1823 being sent for suddenly one Night?"

"I do."

"Where did you go to, and what did you find?"

"I went to Mr. Turton's House, upon a Summons that he wished to see me, that somebody was ill in his House."

"Do you recollect the Time in the Month of April?"

"It was some Day after the 20th of April; but I cannot speak positively as to the particular Day.

"When you arrived at Mr. Turton's House, what did you find to be the State of Things there?"

"He asked me to go up Stairs; and he said Miss Browne was ill; and I went up Stairs. I passed him on the Stairs, and went up to the Lady's Room, to Mrs. Turton's Bed-room, where I found Miss Browne in Labour."

"Had she been delivered actually at the Time you arrived?"

"No; I myself delivered her."

"Did you see Mr. Turton after that had taken place?"

"Yes, I saw him afterwards."

"Had you any Conversation with him upon the Subject of it?"

"Yes; the Object was to dispose of the Child, in order to conceal the Pregnancy."

"Were any Steps taken, in consequence of that Communication with Mr. Turton, for the Purpose of concealing the Birth of the Child?"

"There were A Woman was found to take away the Child out of the House immediately; the Child was carried out of the House in consequence of that Arrangement, and placed out with a Person to nurse."

"Did you make those Arrangements?"

"I did."

"Was the Concealment maintained, to the best of your Knowledge?"

"To the best of my Knowledge, it was."

"Was that in consequence of Mr. Turton's Application to you?"

"It was an Application on the Part of both."

"You saw, then, Mrs. Turton as well as Mr. Turton?"

"I saw Mrs. Turton as well as Mr. Turton."

"Did she join in the Application that you should take Steps to conceal the Event that had happened?"

"She expressed the greatest Consternation at the Event, and intreated that something might be done to save the Misery of the Situation in which they were placed."

"Do you recollect the particular Expressions she made use of?"

"I can scarcely state them."

"Did the Child live, or did it die?"

"It died; I do not recollect the Period; but it must have been some Weeks or Months after; but I do not immediately recollect."

"In point of fact, it died within a few Months after its Birth?"

"Within a few Months."

"After the Birth of the Child, had you any Conversation at any Time with Mr. Turton upon the Subject of Miss Browne returning to England?"

"Yes, I had."

"Will you state what the Conversation was you had with Mr. Turton?"

"I urged him strongly, as a Friend, that he should send Miss Adeline Browne Home as soon as possible."

"Was that after she had recovered from the Effects of her Lying-in?"

"A considerable Time after."

"Before you gave that Advice to Mr. Turton had you had any Communication with Mrs. Turton upon the Subject of your making that Communication to her Husband?"

"Mrs. Turton had requested me to speak to Mr. Turton upon the Subject repeatedly."

"How early after Miss Browne's Recovery was it that Mrs. Turton first applied to you to speak to her Husband about her Sister's Return?"

"The Event happened in April; and I think it was either in the Month of November or December. I do not know that I shall speak correctly if I say that it was not 'till then that she spoke to me; but it was not 'till then that I spoke to Mr. Turton, at her Request."

"When was the first Communication from Mrs. Turton to you?"

"That I cannot precisely say."

"Was it soon after?"

"No; it was several Months after."

"Having been intimate with the Family, can you say whether Mrs. Turton had taken her Passage in the Ship Woodford?"

"I understood that her Passage was taken in the Woodford; somewhere about November I think it was."

"Do you remember Mr. Turton being taken ill at any Time?"

"Mr. Turton was twice very ill; he was ill in August."

"Was he dangerously ill in August?"

"He was dangerously ill in August; he had a Relapse of his Illness in November."

"How long did he continue to be dangerously ill in August?"

"I should think about Seventeen Days to Three Weeks."

"How long did the serious Effects of his Illness continue?"

"Though he was enabled to resume his professional Duties, he never was perfectly well, I think, 'till after he had had a second Attack in November."

"How long was he in such a State of Health as to require constant and careful Attention on the Part of his Family?"

"About Three Weeks or a Month."

"(By a Lord.) When did Miss Browne recover from her Illness?"

"She recovered immediately; in the Month of April."

"(By Counsel.) When did she come into Society again?"

"She was altogether a wonderfully short Time; about Ten Days or a Fortnight."

"Did you know from Mr. Turton whether any Discussion had taken place between him and his Wife about Miss Browne being sent to England soon after she recovered in the Month of May?"

"No, I do not."

"You never heard from Mr. Turton that his Wife had made Applications to him to that Effect?"

"No."

"When was your first Conversation with Mr. Turton?"

"So far as I can recollect, it was about the Time that he went on the River in December 1823."

"You have stated that he was taken ill a second Time; when was that?"

"It was in November; the preceding Month."

"Was he dangerously ill upon his Relapse?"

"Yes, he was, but not for the same length of Time; but it was in consequence of his Illness that he went for a Change of Air to the Sand Heads."

"Did Mrs. Turton accompany him to the Sand Heads?"

"No."

"Did Miss Browne?"

"No."

"He went by himself?"

"Yes."

"Do you know when Mrs. Turton actually left India?"

"In March 1824."

"Do you remember Mr. Turton being in England?"

"I do."

"When did he come to England?"

"That I cannot exactly say; it must have been the End of 1829, I think."

"What became of Miss Browne in the Interval between Mrs. Turton leaving India and Mr. Turton coming to England?"

"She remained with Mr. Turton."

"Living in the same House with him?"

"Living in the same House with him."

"After Mrs. Turton had left the Country?"

"After Mrs. Turton had left the Country."

"When Mr. Turton came back to England, did Miss Browne come with him?"

"Yes, I believe so."

"Was Miss Browne delivered of any other Child subsequent to the one you have told us of?"

"I can only speak of One, of my own personal Knowledge."

"When was that Child born?"

"It was in January 1825."

"Did you see Mr. Turton when he was in England?"

"I did."

"Was Miss Browne with him when he was in England?"

"I saw her once."

"How many Children were there then?"

"That I cannot say."

"Did Mr. Turton ever tell you who was the Father of that Child?"

"No, he did not."

"Though he did not tell you in express Terms, did he ever say that from which you must necessarily infer it?"

"Certainly, I did infer it."

"(By a Lord.) What did he tell you that made you think he was the Father?"

"It was an Assumption in my own Mind; he never did in explicit Terms tell me."

"(By Counsel.) What did he say that led you to that Conclusion?"

"I cannot recollect any Expression that was used, except upon one Occasion, which was on the second Pregnancy in which I attended Miss Browne; he told me that he should again require my Services professionally."

"Was that previous to the second Delivery?"

"It was previous to the second Delivery, about Two Months."

"Where was Miss Browne brought to bed the second Time?"

"At a Garden House within about Three or Four Miles of Calcutta."

"Who resided at that Garden House?"

"It was Mr. Turton's House, and she resided there with him."

"Did you ever see the second Child afterwards?"

"Yes, I did, one Day afterwards."

"When you happened to be visiting the Family in Calcutta, did you ever see it?"

"No."

"(By a Lord.) Who paid the Expences attending the Child's Maintenance?"

"In the first Instance, Mr. Turton."

"In the second?"

"In the second I cannot state."

"Who paid you?"

"Mr. Turton."

"Both Times?"

"Both Times."

"Was there any other Gentleman living in the House?"

"No, there was no other Gentleman living in the same House."

"Before the Birth of the first Child, had you any Reason to suspect that there was any Intercourse between Mr. Turton and his Sister-in-Law?"

"None whatever; it was a Matter of perfect Surprise to me."

"Did you ever observe any thing after the first Child was born that led you to suppose?

"Nothing took place in my Presence; but acquainted as I was with the Circumstances, it was an Inference of my own.

"Did you observe any thing in their Demeanour together?"

"No, nothing."

"Were they visited at Calcutta by respectable People?"

"They were."

"After Mrs. Turton came Home, did they live together as before, in the same House?"

"They lived together for a short Time in the same House; but after they went to the Gardens they lived in a very retired Manner, and very few Persons, I fancy, then visited them."

"Did you visit them?"

"Professionally, I did."

"How did it happen that you became known as a Witness to the Attorney or the Solicitor for this Bill?"

"I do not know; I was summoned to Doctors Commons by the Solicitor."

"You did not give any Notification yourself?"

"I should most willingly have avoided being an Evidence in the Cause."

"Did you ever meet with Mrs. Turton here after you came Home?"

"I saw her once."

"Where?"

"She was then living in Lodgings in Beaumont Street."

"Did you speak to her?"

"I did."

"Did you give her your Address?"

"I did.

"Did you call upon her?"

"I called upon her; but I had received a Letter from her previously."

"Were you rightly understood that Mrs. Turton wished you to prevail upon Mr. Turton to let Miss Browne come to England?"

"I believe she urged it in the strongest Way possible."

"Did she give any Reason for it?"

"Every Reason that regarded herself and him; every Reason that a Wife could urge under such Circumstances."

"The Witness was directed to withdraw.

"The Counsel were directed to withdraw.

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

Then John Inslip was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you Clerk to Messieurs Dyneley, Coverdale and Lee?"

"Yes."

"Did you serve a Copy of the Bill and the Order for the Second Reading upon Mr. Charles Bowdler?"

"Yes."

"Is he Mr. Turton's Proctor?"

"Yes."

"Do you produce the Order of the House for the Service upon Mr. Bowdler?"

"I do." (Producing the same.)

The Witness was directed to withdraw.

The Counsel stated, "That the Servants were in attendance who lived with Mr. Turton during his Visit to England."

The Counsel was asked "If he was able to call any Servant who lived with the Parties in India, or any Person who could give Evidence as to the Terms upon which the Parties lived together in India?"

The Counsel stated, "That he could not offer to their Lordships any further Evidence upon that Subject beyond what had been given by Dr. Russell and Mr. Petrie."

The Counsel was asked "Whether he could produce any Servant or any other Person who had accompanied Mrs. Turton upon her Voyage Home?"

The Counsel stated, "That he was informed that Mrs. Turton was not attended by any Maid of her own upon her Voyage Home; and that, although Endeavours had been made for the Purpose, no Person could be found who had returned in the same Ship with her."

Then Mary Hamer was called in; and having been sworn, was examined as follows:

(By Counsel.) "Did you live in Mr. Turton's Service in the Year 1829?"

"Yes."

"Where was he then living?"

"42, York Terrace."

"In the Regent's Park."

"Yes."

"Was any Lady living in the House with him?"

"A Lady of the Name of Miss Browne."

"Were there any Children?"

"Three."

(By a Lord.) "What Name did the Lady go by?"

"Miss Browne."

(By Counsel.) "Do you know where Mr. Turton went when you quitted his Service?"

"No."

"Did Miss Browne superintend in the House?"

"Yes."

"Did she hire you herself?"

"Yes; and paid me."

(By a Lord.) "Was Mr. Turton living there?"

"Yes."

"Did they live as Man and Wife?"

"I do not know."

"Did they live in the same House?"

"Yes."

"What Servant were you?"

"Once as Cook, and Twice as Housemaid while they were without a Servant."

"What Room did Mr. Turton sleep in?"

"On the First Floor."

"What Room did Miss Browne sleep in?"

"On the First Floor."

"Was it the same Room?"

"No."

"They slept in different Rooms?"

"Yes."

"Did you ever see Mrs. Turton during that Time?"

"No; nor no Lady."

"You know General Browne's Family?"

"No."

The Witness was directed to withdraw.

The Counsel were informed, "That their Lordships did not consider this Evidence as proving the Act of Adultery."

The Counsel stated, "That the Object of this Evidence was to negative the Existence of any Intercourse between Mr. and Mrs. Turton at that Time."

Then Lewis Price was called in; and having been sworn, was examined as follows:

(By Counsel.) "Did you live with Mr. Turton in the Regent's Park?"

"Yes."

"Was a Lady of the Name of Miss Browne living in the House?"

"Yes."

"Who hired you?"

"Mr. Turton."

"Did you ever see Mrs. Turton?"

"Never."

The Witness was directed to withdraw.

The Counsel was directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off to Monday the 18th of this instant July; and that the Lords be summoned.

Robinson v. Alexander, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of Daniel Alexander Esquire, Respondent in a Cause depending in this House, to which Isaac Robinson Esquire is Appellant; praying their Lordships, "That he may be at liberty to lay his printed Case on the Table of this House, or deliver the same to the Clerk of the Parliaments for that Purpose, as if the Time allowed by the Standing Order of this House had not elapsed:"

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.

Cameron v. Mackie et al:

Upon reading the Petition and Appeal of Patrick Cameron Esquire, Sheriff Substitute of Elginshire, as Administrator in Law for and on the Behalf of George Fenton Cameron his infant Son; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 11th January 1831, in so far as it sustained the Defences and assoilzied the Defenders; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 19th (signed 20th) May 1831, in so far as it adhered to the said Judgment of the Lord Ordinary; 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 John Mackie, James Alexander Simpson and John Dick, and Alexander Pearson, Writer to the Signet, their Mandatory, may be required to answer the said Appeal:"

It is Ordered, That the said John Mackie, 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 Monday the 1st 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.

Mundell to enter into a Recog ce on it.

The House being moved, "That Alexander Mundell of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Patrick Cameron Esquire, on account of his Appeal depending in this House, he residing in Scotland:"

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

Sir P. Walker v. Craig:

Upon reading the Petition and Appeal of Sir Patrick Walker of Coates, Knight; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 15th November and 14th December 1821, and the 13th June 1822; also of an Interlocutor of the Lords of Session there, of the Second Division, of the 29th May 1823; also of Six Interlocutors of the Lord Ordinary, of the 19th June 1823, the 16th February, the 13th and 25th May and 8th June 1825, and the 12th May 1826; also of an Interlocutor of the said Lords of Session, of the Second Division, of the 26th June 1827; also of Three Interlocutors of the said Lord Ordinary, of the 9th June 1830 and the 21st and 26th January 1831; and also of Two Interlocutors of the said Lords of Session, of the Second Division, of the 13th and 18th May 1831; excepting in so far as the said Interlocutors, or any of them, find the Petitioner entitled to any Deduction in respect of any Payments to Persons performing the Duties of the Office libelled, and Interest thereon, or to suitable Indemnification for the Duty performed by him in Person, or go to relieve the Petitioner from any Part of the Interest claimed by the Pursuer; and praying, "That the same may be reversed, varied or altered, so far as appealed from, 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 James Gibson Craig Esquire may be required to answer the said Appeal:"

It is Ordered, That the said James Gibson Craig may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 1st 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.

Richardson to enter into a Recog ce on it.

The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Sir Patrick Walker Knight, on account of his Appeal depending in this House, he being in Scotland:"

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

Johnstone v. Barbour.

Upon reading the Petition and Appeal of William Johnstone late in Beech Hill, now Tenant in Branteth; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 8th March 1831; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 15th June 1831; and praying, "That the same may be reversed, varied or altered, 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 James Barbour of Dunmuir may be required to answer the said Appeal:"

It is Ordered, That the said James Barbour may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 1st 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.

Adair v. Adair or Black et al.

Upon reading the Petition and Appeal of William Adair, sometime Wright in Glasgow, now in Liverpool, Son of the deceased John Adair of Crossarthurlie and Stewartrais; complaining of Three Interlocutors of the Commissaries of Edinburgh, of the 28th November 1828, 9th January 1829 and 27th February 1829; also of an Interlocutor of the Lords of Session, of the First Division, of the 14th May 1829; and also of an Interlocutor of the Lord Ordinary on the Bills, of the 18th May 1829; and praying, "That the same may be reversed, varied or altered, 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 Mrs. Margaret Adair or Black, Mrs. Jean Adair or Sharp, and James Sharp, may be required to answer the said Appeal:"

It is Ordered, That the said Mrs. Margaret Adair or Black, 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 Monday the 1st 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.

Thornhill et al. v. Hall.

Upon reading the Petition and Appeal of Richard Badham Thornhill, Elizabeth Thornhill Widow, George King Thornhill, James Badham Thornhill, Anne Rye otherwise Thornhill Widow, and Sophia Godsell otherwise Thornhill Widow; complaining of a Decree of the Court of Exchequer in Ireland, of the 28th Day of June 1827; and praying, "That the same may be reversed, or that the Appellants may have such further and other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Frederick Hall may be required to answer the said Appeal:"

It is Ordered, That the said Frederick Hall may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 8th Day of August next.

Netterville Peerage, Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of James Netterville Esquire, of Frahane, late of Coarsefield, in the County of Mayo, in Ireland, to His Majesty, praying, "That the Title, Dignity and Honor of Viscount Netterville, of the Kingdom of Ireland, may be declared and adjudged to belong to the Petitioner," together with His Majesty's Reference thereof to this House, and the Reports of The Attorney and Solicitor General for Ireland, and of The Solicitor General for England, thereunto annexed; and also the Petition of John Edwin Netterville of Hackney, in the County of Middlesex, Esquire, praying, "That their Lordships will, before proceeding to Judgment in the Matter of the before-mentioned Claim of James Netterville Esquire, grant such reasonable Time to the Petitioner as may enable him to investigate and make Searches for further Evidence of his alleged Rights to the said Title, Dignity and Honor, and to produce such Evidence at the Bar of their Lordships House, or to take such other legal Steps as he may be advised," stand referred, do meet to consider further of the said Claim on Wednesday the 20th of this instant July; and that Notice thereof be given to His Majesty's Attorney General for England, and also to His Majesty's Attorney and Solicitor General for Ireland.

Slane Peerage, Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of George Bryan of Jenkinstown, in the County of Kilkenny, Esquire, to His Majesty, praying, "That his Claim to the Barony of Slane may be referred to the House of Peers, to report whether the said Title be or be not a Barony in Fee, by Writ of Summons descendible to Heirs General, and whether the same is or is not now in Abeyance between Edward Lord Dunsany and the Petitioner," together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed; also the Petition of Henry Fleming of the City of Dublin; and also the Petition of James Stewart Fleming of Belville, in the County of Cavan, in Ireland, Esquire, late a Captain in His Majesty's Army, in relation to the said Claim, stand referred, do meet to consider further of the said Claim on Wednesday the 20th of this instant July; and that Notice thereof be given to His Majesty's Attorney General for England, and to His Majesty's Attorney and Solicitor General for Ireland.

Goodlake's Name Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Surman Goodlake to take and use the Sirname of Surman, pursuant to the Provisions of the Will of John Surman, late of Swindon, in the County of Gloucester, Gentleman, deceased."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Levyssohn Leave for a Naturalization Bill:

Upon reading the Petition of Mr. Edward Henry Levyssohn of Manchester, in the County of Lancaster; praying their Lordships, "That Leave may be given to bring in a Bill for his Naturalization:"

It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.

Bill presented.

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act for naturalizing Edward Henry Levyssohn."

The said Bill was read the First Time.

Papers relative to the Cholera Morbus delivered.

The Lord Auckland (by His Majesty's Command) presented to the House,

"Copies or Extracts of all Information or Opinions communicated to Government relating to the Nature and Extent of any infectious Disease prevailing in the Eastern Parts of Europe, and to the Precautions recommended to prevent the Introduction of such Diseases into this Country:"

And also, "A Return of the Names of Persons appointed, as a Board of Health, to consider of the Measures proper to be adopted to watch the Nature of such Disease;" together with a List thereof.

Which List was read by the Clerk as follows; (viz ^t.)

"No. 1. Letter from C. C. Greville Esquire to Doctor Walker, at St. Petersburgh; dated 14th January 1831.

"2. First Report from Dr. Walker; dated Moscow, 6/18;th March 1831.

"3. Second Report from Dr. Walker; dated St. Petersburgh, 17/29;th April 1831.

"4. Report from Dr. Albers, a Prussian Physician; dated Moscow, 9/21;st March 1831.

"5. Report from Sir Wm. Crichton, Physician in Ordinary to The Emperor of Russia.

"6. Report from the Committee of Health established at Moscow by Order of His Majesty The Emperor.

"7. Letter from Thomas Cope Esquire to W. L. Bathurst Esquire; dated 13th May 1831.

"8. Letter from Sir W. Pym to the Clerk of the Council; dated 7th June 1831.

"9. Letter from Sir H. Halford Bart. to C. C. Greville Esquire; dated 9th June 1831.

"10. Opinion of Sir H. Halford Bart. and other Physicians on the Nature and Symptoms of the Cholera.

"11. Letter from C. C. Greville Esquire to Sir H. Halford Bart.; dated 13th June 1831.

"12. Letter from Sir H. Halford Bart. to C. C. Greville Esquire; dated 13th June 1831.

"13. First Report of the College of Physicians; dated 15th June 1831.

"14. Letter from C. C. Greville Esquire to Sir H. Halford Bart.; dated 16th June 1831.

"15. Second Report of the College of Physicians; dated 18th June 1831.

"16. List of Articles referred to in Mr. Greville's Letter to Sir H. Halford Bart.; dated 16th June 1831.

"17. Letter from C. C. Greville Esquire to Sir H. Halford Bart.; dated 18th June 1831.

"18. Letter from C. C. Greville Esquire to The Right Hon. T. Spring Rice; dated 18th June 1831.

"19. Letter from C. C. Greville Esquire to The Hon. Captain Elliott; dated 18th June 1831.

"20. Names of the Physicians and others composing the Board of Health.

"21. Instructions for the Board of Health.

"22. First Report of the Board of Health; dated 22d June 1831.

"23. Extract of Letter from Mr. Bayley, Acting Consul at St. Petersburgh, to the Foreign Office, (with Inclosure;) dated 8th June 1831."

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

Ordered, That the said Papers be printed.

Papers delivered:

The House being informed, "That Mr. Johnson, from the Office of the Chief Secretary for Ireland, attended;"

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

Public Accounts, (Ireland:)

"The Nineteenth Report of the Commissioners for auditing Public Accounts in Ireland:"

Education, (Ireland:)

And also, "The Annual Report of the Commissioners of Education in Ireland to His Excellency The Lord Lieutenant."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

The House being informed, "That Mr. Tierney, from the Tax Office, attended;"

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

Assessed Taxes.

"Copies of all Cases which have been stated and signed by Commissioners acting in the Execution of the Acts relating to the Assessed Taxes, subsequent to the 1st of February 1831; being the Date of a like Return made under the Directions of the same Act in the last Session of Parliament."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Trower's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Charles Trower Esquire with Amelia Catherine Trower his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

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

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by Mr. Adam and Mr. Roupell;

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

Report on Kinkaid's Petition for a Bill:

The Earl of Shaftesbury reported from the Lords Committees, to whom it was referred to consider of the Petition of John Buchanan Kinkaid Esquire, of Carbeth, in the County of Stirling, Heir of Entail in Possession of the Lands and Estate of Carbeth and others, in the County of Stirling; praying, "That he may have Leave to present a Bill in the same Words as his former Bill, reported by the Judges in the last Session of Parliament;" "That the Committee had met, and considered the said Petition, and had examined George Webster, Solicitor for the Bill; and that it did not appear to the Committee that any Alteration had taken place in the State or Interest of the Parties since the Proceedings on the said former Petition and Bill were stayed by the Prorogation of the last Parliament."

Which Report, being read by the Clerk, was agreed to by the House.

Leave for a Bill:

Ordered, That Leave be given to the Petitioner to bring in a Bill in the same Words as his former Bill reported by the Judges in the last Session of Parliament.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain detached Portions of the Lands and Estates entailed by the deceased John Buchanan Esquire, of Carbeth, in the County of Stirling, in Trustees, to sell the same, and to apply the Price arising therefrom in the Purchase of other Lands near to the Mansion House of Carbeth and the Remainder of the said Entailed Lands."

1st Report on Courts of the Duchy of Lancaster delivered.

The Lord Holland (by His Majesty's Command) presented to the House,

"A Copy of the First Report of the Commissioners appointed to enquire into the Courts of the County Palatine of Lancaster. (Court of Common Pleas - Removal of Assizes-and Court of Chancery.)"

And the Title thereof being read by the Clerk;

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

Beer Act, Petitions from Wrotham, &c. & Tonbridge for Amendment of.

Upon reading the Petition of the Inhabitants of the several Parishes of Wrotham, Ightham, Seal, Stansted, East Malling, West Malling, Birling, Leybourne and Shipborne, in the County of Kent, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Inhabitants of the Parish of Tonbridge, in the County of Kent, whose Names are thereunto subscribed; severally praying their Lordships, "either to withdraw entirely the Licences from the Houses licensed for the Sale of Beer under the Act of the First Year of His present Majesty, for permitting the general Sale of Beer and Cyder by Retail in England, or to restrict them to the Sale of Beer which shall not be consumed on the Premises:"

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

Overseers of the Poor Bill presented.

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

The Lord Teynham presented to the House a Bill, intituled, "An Act to improve and amend the Nomination of Overseers of the Poor, to define their Powers and Authority, and to make certain Provisions for the better Regulation of Parish Relief."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Reform of Parliament, Petition from Wrenbury Division that Farmers, &c. not Freeholders, may vote.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, Freeholders, Farmers, Graziers and Occupiers of Land in Wrenbury Division, in the Hundred of Nantwich, in the County Palatine of Chester; praying their Lordships, "to insert a Clause in the Bill for amending the Representation of the People, giving the Right of voting for Members to serve in Parliament to the Farmers, Graziers and Occupiers of Land, although they may not be Freeholders, and at the same Rate of Qualification as the Occupiers of Houses; and that the Number of Members of Parliament to serve for Great Britain may not be reduced; and that the Number of Members of Parliament to serve for Ireland may not be increased:"

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

Tithes Composition Bill.

It was moved, "That the Order made on Thursday last, "That the Bill, intituled, "An Act for encouraging and facilitating Compositions for Tithes and other Payments arising and payable to Incumbents of Ecclesiastical Benefices in England and Wales," be read a Second Time on Tuesday next; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Friday next; and that the Lords be summoned.

Tithes Commutation Bill.

It was moved, "That the Order made on Friday last, "That the Bill, intituled, "An Act for the Commutation of Tithes in England and Wales," be read a Second Time on Tuesday next; and that the Lords be summoned," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Friday next; and that the Lords be summoned.

Labourers Wages, Petition from Dudley respecting.

Upon reading the Petition of the Workmen and Labourers of the Town and Parish of Dudley, in the County of Worcester, whose Names are thereunto subscribed; praying their Lordships "to investigate the Evils occasioned by the Payment of Wages otherwise than in Money, and to administer effectual Relief in the Premises:"

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

Criminal Laws, Petition from Halifax respecting.

Upon reading the Petition of the Inhabitants of Halifax, whose Names are thereunto subscribed; praying their Lordships "for a Repeal of the Punishment of Death for Offences against Property:"

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

Lord Lieutenants (Ireland) Bill.

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

It was moved, "That the Bill, intituled, "An Act to provide for the better Order and Government of Ireland, by Lieutenants for the several Counties, Counties of Cities and Counties of Towns therein," be now read a Second Time."

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was 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 To-morrow; and that the Lords be summoned.

Frauds on Creditors Bill.

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

It was moved, "That the Bill, intituled, "An Act to prevent Debtors from defrauding their Creditors by lying in Prison or absconding from England," be now read a Second Time."

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was 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 Tuesday the 12th of this instant July; and that the Lords be summoned.

Annandale Peerage, Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of John James Hope Johnstone of Annandale, Esquire, to His Majesty, claiming the Earldom of Annandale and Hartfell, with His Majesty's Reference thereof to this House; also the Petition of John Henry Goodinge Johnstone Esquire, late of Pembroke Place, in the County of Middlesex, now of Bonnington Bank, near Edinburgh, to His Majesty, claiming the Titles of Earl of Annandale and Hartfell, Viscount of Annan, Lord Johnstone of Lochwood, Lochmaben, Moffatdale and Evandale, with His Majesty's Reference thereof to this House; also the Petition of Sir Robert Graham Baronet, of Walbrook, in the City of London, to His Majesty, claiming the Titles, Honors and Dignity of Earl of Annandale and Hartfell, Viscount Annan and Baron Johnstone of Lochwood, Lochmaben, Moffatdale and Evandale, with His Majesty's Reference thereof to this House; also the Petition of William Greig Johnstone, lately residing in the Parish of Monikie, now in the Town of Montrose, County of Forfar, North Britain, to His Majesty, claiming the Title of Earl of Annandale, with His Majesty's Reference thereof to this House; also the Petition of George Conway Montague Levine Wade Souter Johnston, Lieutenant in the 14th Regiment of Foot, praying their Lordships "to grant him Time to procure Evidence to establish his Right to the Marquisate of Annandale;" and also the Petition of James Johnstone of Drum, in the County of Monaghan, Esquire, praying their Lordships "to defer making final Decisions on the Claims already presented, for such Time as will enable the Petitioner to complete his Enquiries," stand referred, do meet to consider further of the said Claims on Wednesday the 27th of this instant July; and that Notice thereof be given to His Majesty's Attorney General and The Lord Advocate for Scotland.

Suits in Common Law Courts Bill.

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

It was moved, "That the Bill, intituled, "An Act to diminish the Expence and prevent the Delay of Suits in the Common Law Courts at Westminster," be now read a Second Time."

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Bill was 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 To-morrow; and that the Lords be summoned.

Governors of Counties, (Ireland,) Return of, Ordered.

Ordered, That there be laid before this House, "A Return specifying the Number and Names of the Governors of the different Counties in Ireland, adding to the Names of the Governors those who exercise the Office of Custos Rotulorum."

Divorce Bills, Motion respecting:

It was moved, "That when any Petition for any Bill of Divorce shall have been presented to this House in any Case in which any Trial at Nisi Prius shall have been had, or any Writ of Enquiry executed, wherein the Petitioner shall have been Party, the Judge or Under Sheriff before whom such Trial shall have been had, or such Writ of Enquiry executed, do transmit to the Clerk Assistant, to be laid upon the Table of this House, a Report of the Proceedings upon such Trial or Writ of Enquiry; and that no such Bill of Divorce be read a Second Time until such Report shall have been so laid upon the Table of this House."

To be considered, to be made a Standing Order.

Ordered, That the said Motion be taken into Consideration on Thursday next, in order to be made a Standing Order; and that the Lords be summoned.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday the 15th of this instant July.

Buckingham House Exemption Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing so much of an Act passed in the Seventh Year of His late Majesty King George the Fourth, for paving, lighting, watching, repairing and otherwise improving Grosvenor Place, and other Streets therein mentioned, as relates to the Assessment of the Boundary Fence or Wall of the Garden belonging to Buckingham House."

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

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

Deputy Lieutenants (Scotland) Indemnity Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to indemnify Persons who have acted as Deputy Lieutenants in Scotland without due Qualification."

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."

Adjourn.

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