Journal of the House of Lords: Volume 63, 1830-1831. Originally published by His Majesty's Stationery Office, London, [n.d.].
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'House of Lords Journal Volume 63: 25 July 1831', in Journal of the House of Lords: Volume 63, 1830-1831( London, [n.d.]), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol63/pp842-855 [accessed 23 December 2024].
'House of Lords Journal Volume 63: 25 July 1831', in Journal of the House of Lords: Volume 63, 1830-1831( London, [n.d.]), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol63/pp842-855.
"House of Lords Journal Volume 63: 25 July 1831". Journal of the House of Lords: Volume 63, 1830-1831. (London, [n.d.]), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol63/pp842-855.
In this section
Die Lunæ, 25° Julii 1831.
DOMINI tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Earl of Shaftesbury sat Speaker by virtue of a former Commission.
Adair v. Adair et al.
The Answer of Mrs. Margaret Adair or Black, Relict of Charles Black deceased; Mrs. Jean Adair or Sharp, Wife of James Sharp; and the said James Sharp, to the Petition and Appeal of William Adair, sometime Wright in Glasgow, now in Liverpool, Son of the deceased John Adair of Crossarthurlie and Stewartrais, was this Day brought in.
Ld. Ranfurly takes the Oaths.
This Day Thomas Lord Ranfurly took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Trower's Divorce Bill.
A Message was brought from the House of Commons, by Mr. Clive and others;
To return the Bill, 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;" and to acquaint this House That they have agreed to the same, without any Amendment.
Edwards' Estate Bill.
A Message was brought from the House of Commons, by Mr. Clive and others;
To return the Bill, intituled, "An Act to effect an Exchange of Lands between Harriet Averina Brunetta Herbert, an infant Ward of the Court of Chancery, and John Edwards Esquire;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Ludlow Road Bill.
A Message was brought from the House of Commons, by Mr. Clive and others;
With a Bill, intituled, "An Act for improving and maintaining the Road from Ludlow, in the County of Salop, through Woofferton and Little Hereford, to Monk's Bridge, in the said County, and also from Ludlow to Orleton, in the County of Hereford;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Beattie's Estate Bill.
A Message was brought from the House of Commons, by Mr. Clive and others;
To return the Bill, intituled, "An Act to empower the Judges of the Court of Session in Scotland to take an Account of the Debts and Burdens affecting and that may be made to affect the Entailed Estate of Crieve, and others, in the Counties of Dumfries and Roxburgh, and to sell such Part of the said Estate as may be sufficient to discharge the said Debts and Burdens; and likewise for settling and securing the Lands and Estate of Murrayfield, and others, in the said County of Dumfries, to and in favor of Thomas Beattie of Crieve, Esquire, and the Series of Heirs entitled to take by a certain Deed of Entail made by Thomas Beattie of Crieve, Esquire, now deceased, and under the Conditions and Limitations contained in the said Deed, and for vesting in lieu thereof certain Parts of the Estate of Crieve in the said Thomas Beattie Esquire, and his Heirs and Assigns, in Fee-Simple;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Liverpool (St. Bridgett's) Church Bill.
A Message was brought from the House of Commons, by Mr. Ewart and others;
With a Bill, intituled, "An Act for endowing a Church called Saint Bridgett, in the Parish of Liverpool, in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
D. of Hamilton's Estate Bill.
A Message was brought from the House of Commons, by Mr. Ewart and others;
To return the Bill, intituled, "An Act to enable The Most Noble Alexander Duke of Hamilton and Brandon, and the Heirs of Entail of the Lands and Barony of Kinneil, in the Shire of Linlithgow, to charge the Sleeches or Land to be gained from the Sea opposite the said Barony with the Expences laid out in gaining the same;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Stirlingshire Roads Bill.
A Message was brought from the House of Commons, by Sir Michael Shaw Stewart and others;
With a Bill, intituled, "An Act for making and repairing certain Roads leading across the County of Stirling, and other Roads in the said County;" to which they desire the Concurrence of this House.
Rutherglen Railway Bill.
A Message was brought from the House of Commons, by Sir Michael Shaw Stewart and others;
With a Bill, intituled, "An Act for making and maintaining a Railway from Rutherglen Green to Wellshot, in the County of Lanark;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Darlington Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making a Turnpike Road (with a Branch therefrom) from the Angel Inn near Darlington, in the County of Durham, to Barton Lane End, in the County of York."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Wednesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Worcester County Hall, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for erecting a County Hall and Courts of Justice, and also for providing Accommodation for His Majesty's Justices of Assize, in and for the County of Worcester."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Leven Drainage Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to amend and extend the Powers of an Act for recovering, draining and preserving certain Lands; and for better supplying with Water the Mills, Manufactories and other Works situated on the River Leven, in the Counties of Kinross and Fife."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Yorkshire Fire & Life Insurance Co's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable "The Yorkshire Fire and Life Insurance Company" to sue and be sued in the Name of their Secretary, or of any One of the Directors of the said Company."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Wolverhampton Roads Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and improving certain Roads in the Counties of Stafford and Salop, leading to and from the Town of Wolverhampton, in the County of Stafford."
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 Mr. Martin and Mr. Roupell;
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Exeter Turnpike Road Trust, Returns respecting, Ordered.
Ordered, That there be laid before this House, "A Return of the Monies received for the Tolls of the Exeter Turnpike Road Trust since the Year 1803; distinguishing the Amount received on the Roads East or diverging Eastward of the City of Exeter from the Amount received on the Roads North and West of the said City; and also the Amount of the Expenditure on each such Line of Road:"
Also, "The Amount of Debt from the Trusts at the Time the several Districts of Road were consolidated, specifying the Balance due to and from each of them, and the Time:"
And also, "An Account of the Debt due from the Trust at the Time the last General Annual Account was made up, specifying how the Amount of the Increase of the Debt (if any) has been expended."
M'Crae to enter into a Recogce on Bryden's et al. Appeal.
The House being moved, "That Andrew Murison M'Crae of Manchester Buildings, Westminster, Gentleman, may be permitted to enter into a Recognizance for William Alexander Bryden, and others, on account of their Appeal depending in this House, they residing in Scotland:"
It is Ordered, That the said Andrew Murison M'Crae may enter into a Recognizance for the said Appellants, as desired.
Oswald's Estate Bill, Report of Judges referred to the Com ee.
The Report of the Judges in Scotland, to whom was referred a printed Copy of the Bill, intituled, "An Act to exonerate the Trustees of Richard Oswald of Auchincruive, Esquire, for Advances of Money made by them to Richard Alexander Oswald Esquire, now of Auchincruive, and applied in executing Improvements, as well upon the Entailed Estates left by the said Richard Oswald, as the Fee-Simple Estates acquired by the said Trustees, and partly entailed by them; and to enable the said Trustees to discharge a Part of the Debts incurred by the said Richard Alexander Oswald in improving the said Estates," for the Purpose of taking certain Consents to the said Bill, was read.
Ordered, That the said Report be referred to the Committee to whom the said Bill stands committed.
Wakefield & Austerlands Road Bill.
The Lord Wharncliffe reported from the Lords Committees, to whom the Bill, intituled, "An Act for maintaining the Road from Wakefield to Austerlands, in the West Riding of the County of York," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Rothesay Harbours & Gaol Bill.
The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for improving, repairing and maintaining the Harbours of the Burgh of Rothesay, in the County of Bute, and for building and maintaining a Gaol, Court House and Offices for the said Burgh and County," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto."
Which Amendments were read by the Clerk as follow; (viz t.)
"Pr. 35. L. 26. After ("Two") insert ("or other lawful Day on which such Meeting may be held")
"Pr. 36. L. 15 & 16. After ("Commissioners") insert ("and that until the first Election of Commissioners of Supply to be Commissioners under this Act, The Provost, Two Baillies, Dean of Guild and remanent Members of the Council of the said Burgh, and Sheriff and Sheriff Substitute of the said County, shall be the sole Commissioners for the said Gaol, Court House and Public Offices")
"Pr. 37. L. 11. After ("Offices") insert ("and provided further, that in the Event of the Death, Refusal to act, or Resignation of any of the said Commissioners, such Death, Refusal to act, or Resignation shall not stop or prevent the Execution of this Act, and the Powers therein contained as to the said Gaol, Court House and Public Offices, by the other Commissioners; but that in all Cases the Commissioners duly appointed, and acting for the Time, shall have full Power to execute the Purposes of this Act as to the said Gaol, Court House and Public Offices")
And the said Amendments, being read a Second Time, were agreed to by the House.
Rothbury Inclosure Bill.
The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing Lands in the Parish of Rothbury, in the County of Northumberland," 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 directed him to report the same to the House, without any Amendment."
Kirkby-in-Kendal Inclosure Bill.
The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for inclosing Lands within the Townships or Divisions of Hugill, Applethwaite and Troutbeck, in the Parishes of Kirkby-in-Kendal and Windermere, in the County of Westmorland," was committed.
Liverpool, &c. Roads Bill.
The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing, amending and improving the Roads from Liverpool to Prescot, Ashton and Warrington, in the County Palatine of Lancaster," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Vale of Blackmoor Roads Bill.
The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to continue and amend an Act of the Fifth Year of His late Majesty, for repairing the Roads from Durweston Bridge to Caundle Bishop, and other Roads, in the Counties of Dorset and Somerset, so far as relates to the Vale of Blackmoor Turnpike Roads," was committed.
Writers to the Signet Widows Fund Bill.
The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for better raising and securing the Fund established for making Provision for the Widows of the Writers to His Majesty's Signet in Scotland," was committed.
Glasgow Improvement Bill.
The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to amend certain Acts passed in the Reign of His late Majesty King George the Fourth, for opening a Street from the Cross of Glasgow to Monteith Row," was committed.
Crediton Road Bill.
The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Turnpike Road from the South End of Mitford Bridge, in the Parish of Tedburn Saint Mary, to Chudleigh Bridge, and from Crockham Bridge to the Exeter Turnpike Road, in Chudleigh, all in the County of Devon," was committed.
Langport Roads Bill.
The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for amending certain Roads in the County of Somerset, and for placing them, and other Roads, under the Care and Management of the Trustees of the Langport, Somerton and Castle Cary Roads," was committed.
E. of Shrewsbury & Waterford's Claim, Com ee put off.
It was moved, "That the Order made on the 8th Day of this instant July, "That the Committee for Privileges to whom the Petition of John Earl of Shrewsbury of England, and Earl of Waterford of that Part of the United Kingdom called Ireland; praying, "That his Right to vote at the Elections of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred, do meet to consider of the said Claim on Wednesday the 27th of this instant July," be now read."
The same was accordingly read by the Clerk.
Ordered, That the said Order be discharged.
Ordered, That the said Committee do meet to consider of the said Claim on Wednesday the 3d Day of August next.
Ecclesiastical Lands Exchange Bill.
A Message was brought from the House of Commons, by Mr. Greene and others;
With a Bill, intituled, "An Act to authorize Exchanges of Lands and other Possessions of certain Ecclesiastical Corporations;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the said Bill be printed.
Birmingham Poor Bill brought from H.C.:
A Message was brought from the House of Commons, by Mr. Greene and others;
With a Bill, intituled, "An Act for better regulating the Poor within the Parish of Birmingham, in the County of Warwick; and for empowering the Guardians of the Poor to grant Building Leases of certain Lands vested in them, or otherwise to sell and dispose of the same, and to apply the Monies to arise therefrom in the Enlargement or rebuilding of the present Workhouse; and for other Purposes;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Referred to Judges.
Ordered, That the Consideration of the last-mentioned Bill be, and is hereby referred to Mr. Justice Gaselee and Mr. Baron Vaughan, who are forthwith to summon all Parties concerned therein, and, after hearing them, and perusing a Copy of the Bill attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.
Preece's Estate Bill.
A Message was brought from the House of Commons, by Mr. Greene and others;
To return the Bill, intituled, "An Act to effect an Exchange of Estates in the County of Hereford between William Preece Esquire and the Dean and Canons of Windsor;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Went (Norton, &c.) Drainage Bill.
A Message was brought from the House of Commons, by Lord Stanley and others;
With a Bill, intituled, "An Act for draining and improving certain Low Lands situate within the several Townships of Norton, Campsall, Askrew, Moss, Fenwick, Little Smeaton, Stubbs Walden, Womersley, Whitley, Baln, Pollington, Snaith and Cowick, and Sykehouse, in the several Parishes of Campsall, Womersley, Kellington, Snaith and Fishlake, all in the West Riding of the County of York;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
The House was adjourned during Pleasure.
The House was resumed by The Lord Wynford, who sat Speaker by virtue of a former Commission.
Kinnaird'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 Hugh Kinnaird Esquire with Ann his now Wife, and to enable him to marry again; and for other Purposes;" and for hearing Counsel for and against the same; and for the Lords to be summoned;
The Lord Speaker acquainted the House, "That the Clerk Assistant had laid on the Table of the House, A Copy of the Minutes of Evidence taken on the Execution of the Writ of Enquiry in this Case, transmitted to him by the Under Sheriff of the City of London, pursuant to the Standing Order of this House."
Ordered, That the said Minutes of Evidence do lie on the Table.
Then Counsel were called in:
And Mr. David Pollock and Mr. Capron appearing as Counsel on behalf of the Petitioner, and no Counsel appearing for Mrs. Kinnaird;
Mr. David Pollock was heard to open the Allegations of the Bill.
Mr. Pollock stated, "That the Witness, to prove the Service of a Copy of the Bill and the Orders of the House on Mrs. Kinnaird, was not at the present Moment in attendance."
Then John Thomas Within was called in; and having been sworn, was examined as follows:
(By Counsel.) "Do you produce a Certificate of the Marriage of Mr. and Mrs. Kinnaird?"
"I do."
"Did you examine that with the Original?"
"I did."
"Is it a correct Copy?"
"It is."
The Counsel were informed, "That the original Register must be produced."
"Do you also produce an Office Copy of the Judgment in the Court of Common Pleas in the Case of Kinnaird v. Roberts?"
"I do."
"Did you examine that with the Original?"
"I did."
"Is it a correct Copy?"
"It is."
The same was delivered in, and read, being an Office Copy of a Record of a Judgment in the Court of Common Pleas, in Michaelmas Term in the Sixth Year of the Reign of King George the Fourth, in an Action by Hugh Kinnaird against Charles Roberts, for Trespass, Assault and Criminal Conversation with Ann the Wife of the said Hugh Kinnaird, for £50 Damages, besides Costs of Suit.
The Witness was directed to withdraw.
Then Mary Saunders was called in; and having been sworn, was examined as follows:
(By Counsel.) "Were you present at the Marriage of your Father with Ann Learson?"
"Yes."
"Is your Father Mr. Hugh Kinnaird?"
"Yes."
"Was Ann Learson a Widow at that Time?"
"Yes."
"Where did the Marriage take place?"
"In St. Margaret's Church, Westminster."
"Do you recollect when?"
"I cannot recollect precisely."
"Did they, after that Marriage, live together as Man and Wife?"
"Yes."
(By a Lord.) "You lived in the same House with them?"
"Yes, I did."
"You were never Witness to any Disagreement between them; they appeared to live happily?"
"Yes."
"Was that the Case at the Time of the Separation?"
"Yes."
"Did you know Charles Roberts?"
"No."
The Witness was directed to withdraw.
Then Ann Shipton was called in; and having been sworn, was examined as follows:
(By Counsel.) "Was your Name formerly Ann Slark?"
"Yes."
"What is your Husband?"
"He is a Coachman by Trade."
"Were you examined in the Ecclesiastical Court, under the Name of Ann Slark, before your Marriage?"
"Yes."
"Do you know Mr. and Mrs. Kinnaird?"
"Yes."
"When did you first become acquainted with them?"
"By living in their Service."
"In what Year?"
"In the Year 1825."
"In what Part of 1825?"
"I do not know exactly."
"Was it in the Summer or the Winter?"
"In the Summer."
"Where do you live?"
"In St. Alban's Street, Windsor."
"How long did you remain with them?"
"Three Months."
"Were they then living together as Man and Wife?"
"Yes."
"What was Mr. Kinnaird?"
"A Page to His Majesty."
"Did that Situation take him much from Home in the Day-time?"
"Yes."
"At what Hour did he usually go out in the Morning?"
"Eight o'Clock."
"At what Hour did he return in the Evening?"
"Between Eight and Nine in the Evening."
"Did his Duties ever require him to stay out all Night?"
"Yes."
"At the Royal Cottage?"
"Yes."
"When not engaged in the Cottage, while you lived with him, did he always come Home to sleep at Night?"
"Yes."
"Did you, while you were there, recollect a Person of the Name of Charles Roberts?"
"Yes."
"Who was Charles Roberts?"
"A Serjeant."
"In what Regiment?"
"In the Guards."
"Do you know that Mr. Kinnaird and he were acquainted?"
"Yes."
"Did you ever see him come to Mrs. Kinnaird while you were there?"
"No."
"Where did you ever see him?"
"I have seen them together."
"Where?"
"In the Street."
"Do you know how they came together in the Street?"
"No."
"Did you ever see them at a Porter's Lodge - Wright's Lodge?"
"They have been there."
(By a Lord.) "Did you see them there?"
"No."
(By Counsel.) "How do you know they were there; were you only told so?"
"I was told so."
"Were you told so by Mrs. Kinnaird?"
"Yes."
"She told you so?"
"Yes."
The Counsel were informed, "That the Declarations of Mrs. Kinnaird could not be received, she not being a Party here."
"Have you ever been sent any where by Mrs. Kinnaird with Bread and Butter and other Things?"
"Yes."
"To whom were you sent?"
"To Serjeant Roberts."
"Where were you sent to him?"
"To the Guard Room."
"Were those Times when Mr. Kinnaird was at Home or out?"
"Out."
The Witness was directed to withdraw.
Then Sarah Clark was called in; and having been sworn, was examined as follows:
(By Counsel.) "You are a married Woman, are you not?"
"Yes."
"What is your Husband?"
"My Husband is living independent at present."
"What was he?"
"He was a Pastry Cook, in the Service of King George the Third."
"Did he live at Windsor?"
"He did."
"Did he live there Six or Seven Years back?"
"Yes."
"At that Time did you know Mr. and Mrs. Kinnaird?"
"Yes; I lived in the same House."
"They came to live in the same House with you?"
"Yes; Three or Four Weeks after I went there."
"Do you remember any particular Time of the Year 1825 when Mrs. Kinnaird left Windsor?"
"Yes."
"Do you recollect when it was she left Windsor?"
"I really do not recollect the Month now; I think the latter End of the Year."
"It was in the latter End of the Year 1825?"
"Yes; I recollect that it was the latter End of the Year 1825."
"Were Mr. and Mrs. Kinnaird married?"
"Yes."
"Did they live together as Man and Wife up to that Time when she left Windsor?"
"Yes."
"What was Mr. Hugh Kinnaird when you first knew him?"
"He was Serjeant Footman to His late Majesty."
"Was he, a Year or two after that, promoted?"
"Yes."
"He became One of the Pages of the Back Stairs?"
"Yes, he did."
"During the greater Part of the Time when those Persons were living at Windsor in your House, was His Majesty King George the Fourth also living at Windsor?"
"He was living at the Royal Cottage."
"Have you Reason to believe that it was Mr. Kinnaird's Duty to attend upon His Majesty at that Period?"
"Yes."
"Was he out the whole of the Day, usually?"
"Yes."
"Did he return at Night?"
"Yes, generally."
"About what Hour did he return?"
"He went out at Eight in the Morning, and returned generally somewhere about the same Time in the Evening."
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 'till To-morrow; and that the Lords be summoned; and that the Counsel be called in at Three o'Clock.
The House was adjourned during Pleasure.
The House was resumed by The Lord Chancellor.
Oswald's Estate Bill.
The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to exonerate the Trustees of Richard Oswald of Auchincruive, Esquire, for Advances of Money made by them to Richard Alexander Oswald Esquire, now of Auchincruive, and applied in executing Improvements, as well upon the Entailed Estates left by the said Richard Oswald, as the Fee-Simple Estates acquired by the said Trustees, and partly entailed by them; and to enable the said Trustees to discharge a Part of the Debts incurred by the said Richard Alexander Oswald in improving the said Estates," 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.
Langton's Act Amendment Bill.
The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend an Act for vesting and securing to John Stephen Langton Esquire certain Profits and Emoluments for a limited Time," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Wakefield Road Bill.
The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Road from the Bottom of Kirkgate to the Bottom of Westgate, both in the Parish of Wakefield, in the West Riding of the County of York," was committed.
Teignmouth, &c. Roads Bill.
The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to amend an Act of His late Majesty King George the Fourth, for more effectually maintaining the Road from Teignmouth to Dawlish, and for making Roads from Dawlish to the Exeter Turnpike Roads, together with a Road from Southtown to Chudleigh, and certain Branches communicating with the same, all in the County of Devon; and to make and maintain other Roads communicating with the said Roads," was committed.
Coal, &c. Duties Repeal Bill.
A Message was brought from the House of Commons, by Mr. Bernal and others;
With a Bill, intituled, "An Act to discontinue or alter the Duties of Customs upon Coals, Slates, Cotton, Wool, Barilla and Wax;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the said Bill be printed.
Corporate Funds Bill.
A Message was brought from the House of Commons, by Mr. Bernal and others;
With a Bill, intituled, "An Act to prevent the Application of Corporate Property to the Purposes of Election of Members to serve in Parliament;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the said Bill be printed.
Manchester & Sheffield Railway Bill.
Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act for making a Railway from Manchester, in the County Palatine of Lancaster, to Sheffield, in the West Riding of the County of York," which stands appointed for To-morrow, be put off to Friday next, One o'Clock.
Tithes Composition Bill, Petition of J. Hantler respecting.
Upon reading the Petition of James Hantler the younger, of the Parish of Saint Pancras, in the County of Middlesex; taking notice of a Bill depending in this House, 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;" and praying their Lordships "to direct their kind Consideration to the Proposals respecting Tithes contained in this Petition; and that their Lordships, while legislating on the Subject of Tithes, will ever remember that the Affections of the People must ever be the firmest Rock on which the Church can be built; and that their Attachment to the Church is the best Security for the Preservation of their Loyalty and Integrity; and that their Lordships will therefore be pleased to take into Consideration so much of the Plan proposed by the Petitioner as may appear calculated to cherish and confirm those Sentiments in their Minds:"
It is Ordered, That the said Petition do lie on the Table.
Churches Building Bill.
The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to amend and render more effectual an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty, intituled, "An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes;" and for the Lords to be summoned;
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 Thursday next; and that the Lords be summoned.
Augmentation of Ecclesiastical Benefices Bill.
Ordered, That the Bill, intituled, "An Act to extend the Provisions of an Act passed in the Twenty-ninth Year of the Reign of His Majesty King Charles the Second, intituled, "An Act for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies;" and for other Purposes;" be read a Second Time on Friday next; and that the Lords be summoned.
Beer Act, Petitions for Alteration of: (Wells:)
Upon reading the Petition of the Inhabitants of the City of Wells and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "either altogether to repeal the Act recently passed for the general Sale of Beer and Cyder, or to make such Alteration as will prevent the Continuance of the grievous Evils which it has unhappily occasioned:"
It is Ordered, That the said Petition do lie on the Table.
Stockport:
Upon reading the Petition of the Magistrates, Clergy, Mayor, Constables, Churchwardens and Overseers of the Poor of the Town of Stockport, in the County of Chester, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to adopt such Measures for the immediate Removal of the alarming Evils occasioned by the opening of the Houses for the Sale of Beer, under the Act recently passed for the general Sale of that Article, and thereby save the Morals of the Lower Classes from Contamination, as in their Lordships Wisdom shall appear meet and proper:"
It is Ordered, That the said Petition do lie on the Table.
Yeovil.
Upon reading the Petition of the Inhabitant Householders of the Town of Yeovil, in the County of Somerset, and its Vicinity, whose Names are thereunto subscribed; praying, "That their Lordships will take such Measures as to their Wisdom shall seem expedient for averting the serious Evils occasioned by the Measure recently sanctioned by the Legislature for licensing the general Sale of Beer and Cyder by Retail, and permitting the same to be drunk in the Houses of the Persons licensed:"
It is Ordered, That the said Petition do lie on the Table.
Kennet Navigation Bill.
Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act to alter and amend the several Acts for making navigable the River Kennet, in the County of Berks," which stands appointed for Tomorrow, be put off to Tuesday the 2d of August next.
Tobacco Growth Prohibition (Ireland) Bill.
Ordered, That the Bill, intituled, "An Act to repeal an Act of the Nineteenth Year of King George the Third, for repealing so much of several Acts as prohibit the Growth and Produce of Tobacco in Ireland, and to permit the Importation of Tobacco of the Growth and Produce of that Kingdom into Great Britain," be read a Second Time To-morrow.
E. of Normanton's Claim to vote for Peers for Ireland, referred to Com ee for Privileges:
Upon reading the Petition of Welbore Ellis Earl of Normanton, in that Part of the United Kingdom called Ireland; setting forth, "That the Petitioner's Father, Charles late Lord Archbishop of Cashel and Baron Somerton, sat and voted in the House of Lords of Ireland previous to the Union of Great Britain and Ireland: That the Petitioner's said late Father was, on the 22d of January 1801, returned One of the Peers chosen to represent the Peerage of Ireland in the Parliament of the United Kingdom: That the Petitioner's said late Father, having been advanced to the Dignity of Earl of Normanton by virtue of Letters Patent bearing Date the 4th of February in the Fortysixth Year of His late Majesty King George the Third, under the Great Seal of Ireland, did, on the 22d of June 1807, deliver in to the House the said Letters Patent, and took the Oaths, and afterwards took his Seat on the Earls Bench, pursuant to the Standing Order of the House: That the Petitioner's said late Father died on the 14th of July 1809, leaving the Petitioner his eldest Son, who thereupon succeeded to the said Earldom of Normanton, in virtue whereof he claims the Right to vote at the Election of Temporal Peers of Ireland to sit in the Parliament of the United Kingdom;" and therefore praying, "That his said Right may be admitted by their Lordships:"
It is Ordered, That the said Petition be referred to the Lords Committees for Privileges, to consider and report; and that the Committee do meet to consider thereof on Wednesday next.
Ld. Mendip sworn to give Evidence on it.
The Lord Mendip was sworn, at the Table, by The Lord Chancellor, in order to give Evidence before the Committee for Privileges to whom the last-mentioned Petition stands referred.
The North British Insurance Co. v. Barker:
Upon reading the Petition and Appeal of The North British Insurance Company, incorporated by Royal Charter under that Name and Title; complaining of Four Interlocutors of the Lords of Session in Scotland, of the First Division, of the 18th and signed 19th May, 9th and signed 10th June, 23d June and 2d July1831; 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 John Barker, Surgeon in Edinburgh, may be required to answer the said Appeal:"
It is Ordered, That the said John Barker may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 22d Day of August next; and Service of this Order upon the said Respondent, or upon either of his known Agents in the Court of Session in Scotland, shall be deemed good Service.
Thomson to enter into a Recogee on it.
The House being moved, "That William Gibson Thomson of Old Palace Yard, Westminster, Gentleman, may be permitted to enter into a Recognizance for The North British Insurance Company:"
It is Ordered, That the said William Gibson Thomson may enter into a Recognizance for the said Appellants, as desired.
Le Fever's Divorce Bill.
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 Samuel Le Fevre Esquire with Mary his now Wife, and to enable him to marry again; and for other Purposes;" and for the Lords to be summoned;
Counsel were accordingly called in:
Then Ann Young was called in; and having been sworn, was examined as follows:
(By Counsel.) "Were you in the Service of Mr. Le Fevre in April 1830?"
"Yes."
"Do you recollect when Ann Parkman went to London?"
"Yes."
"Do you recollect her returning from London?"
"Yes."
"You were living in the House with Mr. Le Fevre at that Time?"
"Yes."
"Do you remember, when she came Home, how long she continued at Southampton?"
"I cannot exactly say that."
"Can you tell how long she remained at Home?"
"Upon my Word I cannot."
"Do you remember her going afterwards back to London?"
"Yes."
"Was that at the Beginning of May?"
"To the best of my Recollection, it was in May."
"Did she then remain at Southampton from the Middle of April to the Beginning of May?"
"Yes."
"During that Time, who was in the habit of waiting upon Mr. Le Fevre?"
"One King."
"Mary Parkman did not wait upon Mr. Le Fevre?"
"Not always, she did not; she did not do any thing in the Parlour, to the best of my Recollection."
"Was she the Cook?"
"She was when she was there; but Mr. Le Fevre did not employ her, as she was to go back to Mrs. Le Fevre in London."
"Do you recollect when she went back to London?"
"Yes, I recollect the Time she went back."
"Did she go for the Purpose of bringing Mrs. Le Fevre back to Southampton?"
"Yes; Mr. Le Fevre sent her."
"For what Purpose did Mr. Le Fevre send her to London?"
"With a view of bringing Mrs. Le Fevre back."
"Did you hear Mr. Le Fevre give her those Directions?"
"Yes."
"Do you remember when she went away to London?"
"She went on Friday; and, to the best of my Recollection, she returned again the Monday Morning following."
"During the Time she was there, did you see any Familiarity whatever between Mr. Le Fevre and Ann Parkman?"
"Never; no more than a Servant to a Master and a Master to a Servant."
"Where did Ann Parkman sleep in the House?"
"She slept in the Front of the House, over the Drawing-room."
"Was that on the same or a different Floor with Mr. Le Fevre?"
"A different Floor; the Floor above."
"Was that where the Servants slept?"
"That was where the Servants slept; opposite, on the same Floor."
"Mr. Le Fevre slept below?"
"Yes; opposite the Drawing-room."
"Did you ever see Ann Parkman go to Mr. Le Fevre's Bed-room, or any Circumstance of that kind?"
"No, never."
(By a Lord.) "Where did you sit in the House; where was your Room?"
"My Room was in the Kitchen, or any Part; I was a Person doing any thing about the House."
"Where did Ann Parkman sit?"
"In the Kitchen."
"Did you always, when you were in the Kitchen, see Parkman there?"
"Yes, when she was in the House; but she was often out, as Mr. Le Fevre did not esteem her his Servant; at the Time she was Mrs. Le Fevre's Servant."
(By Counsel.) "Did any Person come into her Place when she was sent to London?"
"Nobody but myself."
"Did you enter for the Employment of Cook, when she went to London?"
"Yes; and any thing there was to do about the House."
(By a Lord.) "Who waited upon Mr. Le Fevre at his Dinner?"
"Sometimes I, and sometimes King."
"Did Parkman ever wait upon Mr. Le Fevre?"
"Not to the best of my Knowledge; I do not recollect that she did."
"Who called him in the Morning?"
"I used generally to take the Water up for Mr. Le Fevre to shave with."
"Whom did Parkman sleep with?"
"She generally slept by herself, in the Front Bedroom."
"Did any body else sleep in that same Room?"
"No, I believe not.
"Did you ever see Mr. Le Fevre and Parkman in the same Room together?"
"No."
"In the Dining or Drawing Room?"
"No, never, to the best of my Knowledge."
"Did Mr. Le Fevre keep much Company?"
"A good deal of Company at Times."
"Was he visited by Ladies?"
"Ladies and Gentlemen, who came there together."
"Married Ladies?"
"Yes."
"Where were you when you heard your Master give Directions to this Person to go to London?"
"In the Hall."
"Where were your Master and the Servant?"
"We were altogether in the Hall. I believe I was on the Stairs, to the best of my Recollection, in the Front of the House."
"In what way did he give the Direction to her?"
"He ordered her to go off by the Coach, to see whether she could bring her Mistress Home; he wished her to return Home."
"You heard him say that?"
"Yes."
"What did she say?"
"She said she thought she could prevail upon her to come Home."
"What Difficulty was there in her prevailing upon her to come Home?"
"I cannot say."
"What Time passed after that before she came Home?"
"She never returned again; Ann Parkman returned again without her."
"When did she return without her?"
"She went up on the Friday, and came back on Monday, by the Night Coach."
"Mr. Le Fevre remained quietly at Southampton without his Wife?"
"I believe it was a very short Time. There was a fine Piece of Work the Day that Ann Parkman came down."
"That will assist you to recollect how long it was after that before Mr. Le Fevre went to London, or took any Steps whatever respecting Mrs. Le Fevre; was not it several Months?"
"I cannot say."
"Was it a Week?"
"That I cannot positively say."
"Do you mean, upon your Oath, to state that you do not know whether it was a Week?"
"It might be a Week or a Fortnight. I never expected to be called upon, and I took no notice."
"Will you swear it was not Two Months?"
"I think it was immediately after."
(By Counsel.) "Do you remember when Parkman came down from London?"
"Yes."
"At what Time in the Morning was it she came down?"
"I think it was about Six in the Morning she came in doors."
"When she came Home, was your Master employed in the Garden?"
"I think he was in the Greenhouse."
"After Parkman had been to her Master, had you an Opportunity of seeing whether he was in much Distress?"
"He called me into the Garden as I went up the Kitchen Steps, and said what had happened; and we talked a good deal in the Garden about it, and I told him I did not know what to think about it, that I could not advise him."
"Do you know whether your Master that Morning was preparing to go to London?"
"He said he would go off to London directly, and Parkman persuaded him not to go to London directly."
"Do you know whether after that Mr. Le Fevre went out to Mr. Bryant, his professional Agent?"
"He went out, but whether he went to the Custom House or to Mr. Bryant I cannot tell."
The Witness was directed to withdraw.
Then Elizabeth King was called in; and having been sworn, was examined as follows:
(By Counsel.) "Did you live in the Service of Mr. Le Fevre in April 1830?"
"Yes."
"Did your Husband also live in his Service?"
"Yes."
"Did you know Ann Parkman?"
"Yes."
"Was she also in Mr. Le Fevre's Service?"
"Yes."
"Where did Ann Parkman sleep in the House?"
"In the top Room."
"Did Mr. Le Fevre sleep in the lower Story?"
"Yes."
"Who waited upon Mr. Le Fevre?"
"I waited sometimes, and sometimes she waited upon him."
"Who called Mr. Le Fevre in the Morning?"
"I generally used to call him."
"Did you take the Water to him of a Morning?"
"Yes."
"Did you ever see Mr. Le Fevre and Parkman in the Room together?"
"No, never."
"Did you ever see any sort of Familiarity between Mr. Le Fevre and Ann Parkman?"
"No, never."
"Have you any Reason whatever to suspect that any thing of that kind existed between them?"
"No, never."
"Were you there when Parkman first came back from London to Southampton?"
"Yes."
"Do you know where your Master was when Parkman came Home?"
"A-bed."
"I ask as to the First Time she returned; was he in Bed then?"
"I do not know."
"How long was she away in London?"
"That I do not know. I was not there when she first went to London."
"Did you go into the Service in consequence of Parkman going to London?"
"Yes."
"You remember, then, when Parkman came back first from London?"
"Yes."
"Where was your Master when she came back then?"
"I do not know."
"She remained at Southampton for some Time?"
"Yes."
"How long did she remain at Southampton?"
"It might be a Week or a Fortnight; I cannot exactly say."
"After that, did she go back to London again?"
"Yes."
"Did you hear Mr. Le Fevre give her any Directions before she went back to Town?"
"Yes; to bring her Mistress back, if she could; that he was anxious for her to come back."
"Was Parkman sent off for that Purpose?"
"Yes."
"Did she come back in a few Days?"
"Yes."
"Your Mistress did not return with her?"
"No."
"She never came back?"
"No, she never did."
"Do you know whether Parkman, when she came back, went to Mr. Le Fevre in the Garden; do you know how that was?"
"No, I do not."
"Did you see Mr. Le Fevre after Parkman came back?"
"Yes; when she came back the Second Time."
"Did he, after he had seen Parkman, seem much affected?"
"Yes, very much."
"Where did you see him?"
"In the Parlour."
"Do you know whether he went out soon afterwards?"
"No. I heard him bitterly crying, and I ran up Stairs to him."
"Do you know whether he went out to Mr. Bryant's that Morning?"
"Yes, he did."
"Do you know whether, after he had been to Mr. Bryant, Parkman was sent for to Mr. Bryant to be examined?"
"Yes."
"She went there and was examined?"
"Yes."
"Soon after that did Mr. Le Fevre discharge Parkman?"
"Yes."
"He himself discharged her; she did not give him Warning?"
"No; he discharged her."
(By a Lord.) "Who attended on Mr. Le Fevre?"
"The Man Servant attended on him sometimes."
"That is your Husband?"
"Yes."
"You never attended upon him?"
"Yes, I did."
"Never the old Woman, Ann Young, who has been examined?"
"That I cannot say, whether she did."
"Did Parkman ever attend upon him?"
"No; I do not recollect her ever attending upon him."
"What was Parkman in the House?"
"Cook."
"Where used she to sit generally?"
"In the Kitchen."
"Did you ever attend on Mr. Le Fevre?"
"Yes."
"Who used to take up Mr. Le Fevre's Things in the Morning?"
"I have taken up the Water to him sometimes."
"But never Parkman?"
"No; I do not recollect ever seeing Parkman take them up."
"Where did Parkman sleep?"
"In the front Room."
"Who else slept in the Room with her?"
"I slept next Bed to her; next Room."
"Did any body sleep in the same Room with her?"
"No."
"Are you sure of that?"
"I am sure there was nobody while I was there."
"Did you ever see her in the same Room with your Master?"
"No, I never did see her in the same Room with my Master."
"In the same Sitting-room?"
"No; not to sit in the Sitting-room, I did not."
"Was your Master much out, or much at Home?"
"He was out. He went out in the Morning, and did not return 'till Four, or after Four."
"He was always at Home in the Evening, probably?"
"No, not generally in the Evening."
"Used he to be visited by Gentlemen and their Wives?"
"Yes."
"Were you by when he sent Parkman back to London?"
"Yes."
"What did he tell her to do?"
"He told her to go and fetch Mrs. Le Fevre Home."
"Could not Mrs. Le Fevre come herself; why should she go to fetch her Home?"
"I do not know."
"Did he say why?"
"No; I did not hear why he was anxious for her to come Home."
"Did he say why he was anxious?"
"No; I did not hear him say why."
"Then Parkman went away?"
"Yes."
"Did she come back?"
"Yes."
"How long did she stay when she came back?"
"It might be a Week or a Fortnight."
"The Question refers to the Second Time. She first went with her Mistress?"
"Yes."
"Then she came back, and her Master sent her to fetch her Mistress?"
"Yes."
"Did she come without her Mistress?"
"Yes."
"How many Days did she stay then?"
"It might be a Week."
"Did you see her go back to London the Third Time?"
"Yes."
"Did you hear your Master give her Orders?"
"I heard him give her Orders to fetch her back. I mean only to go the Second Time."
"You saw her go the First Time with her Mistress?"
"No, I was not at the House."
"You have sworn that you saw her go to London the First Time with her Mistress?"
"No, I was not there."
"Were you there when she came back?"
"Yes, I was."
"That was the First Time she came back?"
"Yes."
"Did you see her go back the Second Time to London?"
"Yes. The Second Time when she came down, I saw her come down without Mrs. Le Fevre; then she went back for Mrs. Le Fevre."
"You heard your Master send her?"
"Yes."
"She came back without her?"
"Yes."
"Did you see her go back again?"
"No, she never went again."
"What become of Parkman; where did she go?"
"She remained in the House."
"And you left the House?"
"No, I did not, directly."
"How long did she remain that Time?"
"I cannot say how long; she was not there long before she had her Discharge."
"Do you remember how long she remained there before she had her Discharge?"
"No, I cannot recollect exactly; but it was not long after I left."
"Was it a Month, do you think?"
"I cannot say how long it was."
"Did you remain there a Month after she came back the Second Time?"
"Yes."
"And Parkman was there during that Time?"
"Yes."
"And you left her there?"
"Yes."
"You remember the Month you went away and left Parkman there, probably?"
"Yes, I left a little before the Races; I do not know the Month."
"Whenever you went, you left Parkman there?"
"Yes."
"When did you go there first yourself; in what Month did you go there first?"
"I cannot exactly say; I think in March."
"Parkman was then in London?"
"Yes, she was."
"Do you recollect when she came down the First Time?"
"Yes, I recollect; she came down, I think, in April."
"How long after you went there?"
"It was the Second Day after I was married that she came down."
"What Day did that happen?"
"In March."
"Were you married in the Service of Mr. Le Fevre?"
"No."
"Before you went to his Service?"
"I was married the Day before I went; I went there the next Day."
"When you went, was Parkman in London?"
"Parkman was in London when I went into the Family."
"She came down the Day after you married?"
"Yes."
The Witness was directed to withdraw.
Then James King was called in; and having been sworn, was examined as follows:
(By a Lord.) "How long were you in Mr. Le Fevre's Service?"
"About Two Years and a Half, or on to Three."
"What sort of Terms did Mr. and Mrs. Le Fevre live upon?"
"They lived very well, for any thing I saw, all the Time I was with them."
"Did you wait upon them at Table?"
"Yes."
"Did you attend him in the Morning in his Room?"
"Yes; I generally carried up the Letters and the Water in the Morning."
"What Room used Parkman to sit in, in the House?"
"In the Kitchen, in general; I never knew her any where else."
"Did she ever sit in the Room with your Master?"
"No, never."
"Did she sleep in her own Room?"
"Yes, where she always did."
"Did any body else sleep with her?"
"I do not think there was any other Person in the House."
"That is, while you were in his Service?"
"Yes."
(By a Lord.) "Did you hear Mr. Le Fevre give Directions to Parkman to go up to Town to fetch her Mistress?"
"No."
"Were you present when Parkman went to Town?"
"I was in the Kitchen when she was called to go."
"Who called her?"
"I believe Master called her."
"You did not hear what he said?"
"No."
"That was the Second Time, when she went without her Mistress?"
"Yes."
"Did you see her come back?"
"No, I did not see her come back; I was in the House, but I was a-bed when she came back."
"Did they appear to you to live upon the same Terms, up to the Time that Mrs. Le Fevre went to London, as they had been living on before that Time?"
"Yes."
"You never heard that there was any thing unpleasant between them?"
"No."
The Witness was directed to withdraw.
Then William Coles Dutton was called in; and having been sworn, was examined as follows:
(By Counsel.) "Are you in the Custom House?"
"I am."
"Do you know Mr. Le Fevre of Southampton?"
"Yes, I do."
"Is he the Collector of Customs at Southampton?"
"The late Collector of Customs at Southampton. He was at that Time Collector of Customs at Southampton."
"Do you remember an Application being made by Mr. Le Fevre, in March 1830, for Leave of Absence?"
"No; the Application was made in the February of 1830 for Leave of Absence."
"The 12th of February?"
"Yes, on the 12th of February?"
"Have you the Application here?"
"I have; it was from Mr. Le Fevre to the Board of Customs for Leave of Absence."
"Was that Application refused?"
"It was."
"Was it refused upon the Ground that an Inquiry was going on at Southampton, in which it was necessary for Mr. Le Fevre to participate?"
"Yes."
"Is that the Letter you wrote in answer to his Application?"
"It is."
The same was delivered in, and read as follows:
"My dear Sir, "Customs, 13th February 1830.
"In reply to your Note, I beg to acquaint you, that the Board, adverting to the recent Charge directed to be preferred against one of the Landing Waiters at Southampton, and upon which a Surveyor General is about to proceed to Southampton, cannot comply with your Request for Leave of Absence, deeming it expedient that you should not be absent from the Port during an important Investigation.
"Yours truly, "Wm. Dutton."
The Witness was directed to withdraw.
Then Margaret Lang was called in; and having been sworn, was examined as follows:
(By Counsel.) "Are you the Widow of Mr. Lang who was a Plumber and Glazier in Villiers Street in the Strand?"
"Yes."
"Do you know Mr. Le Fevre?"
"Yes."
"Did Mr. and Mrs. Le Fevre lodge in your House?"
"Yes."
"Do you remember whether Mr. Le Fevre came to Town in February 1830?"
"Yes."
"Did he make Application to you for Lodgings for Mrs. Le Fevre?"
"He did."
"Were your Lodgings full at the Time?"
"They were."
"In consequence of that were you unable to take them in?"
"Yes."
"Did Mr. Le Fevre apply to you to know whether your Lodgings would be empty?"
"Yes, and Mrs. Le Fevre likewise; she was very anxious to come."
"Were your Lodgings some Time afterwards, in the Month of March, vacant?"
"Yes."
"Did Mrs. Le Fevre then come to your Lodgings?"
"She did."
"Did she remain there from that Time 'till April?"
"She remained from the 2d of March to the 28th of March."
"During that Period, do you remember Mr. Le Fevre coming up from Southampton to Town?"
"I do."
"On what Day was it he came up?"
"It was on a Saturday Night. I do not remember the Day of the Month."
"Did he remain at your House on the Sunday?"
"He did; and went away in the Evening."
"Do you know whether he went away by the Mail?"
"He went by the Coach that Night."
"Do you know, on that Day, whether he went out for the Purpose of taking Mrs. Le Fevre into the Park?"
"He did."
"He walked out with her?"
"He did."
"And went back to Southampton that Night?"
"Yes."
"Had you an Opportunity of observing, when Mr. Le Fevre came for the Purpose of getting the Lodging, and afterwards when you saw them together, whether his Conduct to Mrs. Le Fevre was kind and affectionate?"
"It was particularly so."
"Had you an Opportunity of observing that?"
"Yes. I never saw a Man more kind to a Female than he was."
"To Mrs. Le Fevre, you mean?"
"Yes."
"What was Mrs. Le Fevre's Conduct towards Mr. Le Fevre?"
"I did not see them together much. He went into her Room; and I did not see any thing to the contrary. I did not observe any thing but Kindness, the same as usual. He was always very kind to her."
"Was Mr. Le Fevre anxious to get Lodgings for Mrs. Le Fevre?"
"Very; because she was anxious to come to the House, and he was particularly anxious to come with her."
"Was Mrs. Le Fevre in a bad State of Health at that Time?"
"She was very ill after the Time she was at our House, and a Doctor attended her."
"Was that Gentleman's Name Furnival?"
"Yes."
"Can you inform their Lordships at what Period, between the 2d and 28th of March, it was that Mr. Le Fevre came up; was it soon after she came, or about what Time?"
"I think about the Middle of the Time."
The Witness was directed to withdraw.
Then Ann Parkman was again called in; and further examined as follows:
(By a Lord.) "Do you recollect when it was that your Mistress sent you down to put yourself into the Way of your Master?"
"It was some Time in April."
"How early in April, or how late?"
"I think it must have been about the Middle of April."
"Was that after you had been carrying Letters backwards and forwards to Sir Miles Winnington?"
"Yes."
"How long did you remain at Southampton then?"
"About a Fortnight."
"Were you Cook at the Time?"
"Yes."
"Did he send you to Town after that?"
"Yes."
"What did he send you for?"
"By way of trying to get her Home."
"What Difficulty was there in it?"
"There was no Difficulty at all. He sent me with a view to bring her Home, not to persuade her to come Home, for there was no Occasion for that."
"You first said to try to bring her Home?"
"He did not tell me to try to bring her Home, but to see whether she was coming Home, and to come Home with her."
"Did not you say to try to bring her Home?"
"I did, but it was a Mistake of mine."
"What did he say to you when he sent you to London?"
"He said nothing more particularly but that I was to go; that it was very likely she might be on her Way Home, but he did not like her to travel by herself."
"Did he say, go away to London?"
"He said, you had better go and see whether your Mistress is coming; and it is very likely you may meet her on the Road, and if so, return immediately."
"If you did not meet her on the Road what were you to do?"
"I was to go to her; or if she was gone Home before me, I was to return."
"If you found her in London what were you to do?"
"I was to remain with her 'till she came Home."
"You returned without her?"
"Yes."
"What passed when you came back without her?"
"I said she was not come; and I was very reluctant to hurt his Feelings. He wished to know something about it."
"Something about what?"
"Something about what I was going to tell him. He saw that my Feelings were very much agitated, and he asked me what was the Matter, and I told him."
"What did he say?"
"He was very much hurt. He cried and wrung his Hands as a Man would who was going out of his Mind."
"Did he never say any thing to you when you were at Home before?"
"No. I did not chuse to tell him, because I knew it would hurt his Feelings; but at last I brought up my Mind to do it."
"Did not he ask you what made you come Home without your Mistress?"
"No."
"He had taken another Servant in your Place, Ann King?"
"Yes, she was there."
"Did not he ask you what brought you back?"
"Yes; he asked me what brought me back, and I said it was Mrs. Le Fevre's Desire that I should return 'till she sent for me."
"Did not he ask you what she was doing?"
"He asked me where she was, and I said she was at Mrs. Gibbons's in Canterbury Place."
"Did he inquire what had taken her to Mrs. Gibbons's in Canterbury Place?"
"Yes; and I told him it was for a Change of Air."
"What did he say?"
"He did not say any thing more to me about that."
"Did he write any Letter to her?"
"I cannot say; but I know he used to write to her when I was in London."
"Did he ever talk to you about your Mistress during the Fortnight you were there?"
"Not any thing particular."
"Did he say any thing at all?"
"I do not recollect what it was now."
"When you were going to Town did he send to you to come up from the Kitchen?"
"Yes. He said he thought it was very requisite I should return to her; that she had written and said that she was very ill."
"That she was very ill, and therefore she might be on the Road?"
"That was before that she was very ill."
"Your Story is this, that your Master sent you to meet your Mistress because he thought it very likely she was upon the Road, and that if she was upon the Road you were to come back; but then it turns out that he had a Letter that she was very ill, and you were to go to Town and attend her in her Illness?"
"That was before that she wrote to say that."
"What do you mean by saying, that was before that she wrote to say that?"
"She wrote some Time after I came Home to say she was very ill; and Mr. Le Fevre desired me to return to her, for it was very likely she might be coming Home, and if so, I was to return."
"Now you have pieced the Two Accounts together, but they do not happen to fit. Did she say that she was very ill, but still he thought she might be returning, and that you were to return if you found that she was coming Home?"
"It is no Use my speaking; I have said what I have to say, that she had written that she was very ill, and that then she had written she should come Home."
"There were Two Letters?"
"Yes."
"How many Days were there between his sending for you the last Time and his sending for you the first Time?"
"I cannot recollect."
"Why did not you go the first Time she wrote?"
"She did not write for me to come."
"You say Mr. Le Fevre sent for you from the Kitchen, and said he wanted you to go to London, because Mrs. Le Fevre was very ill; why did not you go?"
"I went directly; that was the Second Letter."
"Why did not you go when you got the First Letter?"
"Because she did not say she was ill, and Mr. Le Fevre did not desire me to go until she said she was ill; then he sent me to London;-that was the Second Time."
"You say your Master got a Letter stating that she was very ill, and he desired you to go and attend her; then that he got a Second Letter saying it was very likely she would meet you on the Road?"
"No, I did not say that she said she would."
"Will you tell your own Story?"
"It is no Use my telling you. If you contradict me I do not know what I say."
"I do not; you contradict yourself. Begin with the Story from the Time your Master sent for you from the Kitchen?"
"Mr. Le Fevre said he had had a Letter from Mrs. Le Fevre; he did not say I was to go to London then: then he had a Second Letter to say she was ill, but he rather expected she would come Home. He desired me to go, and if I found her on her Journey to Southampton I was to return to him immediately."
"When he gets a Letter to say your Mistress is ill, he tells you there is a Letter, but does not tell you to go to attend upon her in her Illness?"
"He sent me to attend upon her if she would not come Home."
"He first sends for you from the Kitchen, and says he has got a Letter that your Mistress is ill?"
"Yes."
"Did he tell you at that Time to go and attend her in her Illness?"
"Yes; but she said she rather thought she should come Home."
"Was that all in the same Letter?"
"Yes."
"Do you mean to say that he did not get Two Letters?"
"He did receive a Letter from her a Day or two before, but I cannot tell what was in it."
"You mean to say that he did not say he had a Letter first that she was ill, and then a Second Letter that she was coming Home?"
"No; it was all in One Letter. She said it was very likely she should come Home; and he said I had better go, but if I found her come Home I had better return directly."
"Where were you when your Master gave you Directions to go to Town for your Mistress?"
"I was standing in the Hall."
"Who were present?"
"Mrs. King was present."
"Who beside?"
"I do not remember any body besides."
"Do you recollect what he said, - in what Words he gave you the Orders?"
"He gave me the Money, and told me that if Mrs. Le Fevre was not coming Home, and I had not sufficient Money, I was to get Money from Mr. Lang to bring me back again."
"That was in the hearing of Mrs. King?"
"Yes."
"Then he also told you about a Letter?"
"Yes."
"In Mrs. King's Presence?"
"I cannot say whether she heard it, but she might have done."
"Did he say any thing about his being anxious that she should return Home?"
"No."
The Witness was directed to withdraw.
Then Elizabeth King was again called in, and further examined as follows:
(By a Lord.) "You were by when Parkman was told by your Master to go to London?"
"Yes."
"Was it in the Hall?"
"Yes."
"There was nobody else by?"
"No."
"Did you hear what he said to her?"
"I heard him go and tell her to go and fetch Mrs. Le Fevre Home; to bring her Home."
"Did he say why she should go to bring her Home?"
"I do not recollect hearing him say why."
"Did he say any thing about having had a Letter from her?"
"I do not recollect that."
"Did he say any thing about her being ill?"
"Yes; I heard she was ill in London."
"Did he tell Parkman that her Mistress was ill?"
"I do not remember that."
"Did he say any thing about having had a Letter from her?"
"I do not recollect it."
"Was there any Chance of her being on the Road, or Parkman meeting her on the Road, did he say?"
"I do not remember his saying that."
"Where did Mr. Le Fevre say his Wife was?"
"I do not know."
"Where did he desire Parkman to go to her?"
"In London; but where, I do not know."
"He said nothing about her being on the Road, that you heard?"
"No."
"Did he say that he was anxious to get her back?"
"Yes."
"What Words did he say; "I am very anxious to get her back"?
"Yes."
"Did he say "Try all you can to get her back"?
"Yes."
"Why was Parkman to try?"
"I do not know."
"When he said "Try all you can to get her back," what did Parkman say?"
"She said she would."
"Did she say she would do all she could?"
"Yes."
"Did she say she thought she should have a difficult Thing in getting her Home?"
"No; I did not hear that. She said she would try to get her back."
"Did she say she would try, because he was anxious about it?"
"Yes."
"You heard her say that?"
"Yes."
The Witness was directed to withdraw.
Then William Henry Furnival was called in; and having been sworn, was examined as follows:
(By Counsel.) "You are a Medical Man?"
"Yes; a Surgeon and Apothecary."
"Where do you reside?"
"In Prince's Court, Westminster."
"Do you remember, in April 1830, attending Mrs. Le Fevre?"
"Yes."
"When did you begin your Attendance upon her?"
"I think in the latter End of February. The First Time I saw her was in Panton Street, in the Haymarket."
"Did you afterwards attend her in Villiers Street, at a Mrs. Lang's?"
"Yes."
"Was she in a bad State of Health during the Time you were attending her?"
"Yes; not dangerous, but a bad State of Health."
"Did you attend her frequently?"
"On and off, nearly through the whole of March."
"Did you see Mr. Le Fevre when he was in London?"
"No, I did not."
(By a Lord.) "When did she recover from this Illness?"
"I do not think she was quite recovered the last Time I saw her in March. I think I missed her from where I saw her in Villiers Street for some while, perhaps a Month or Six Weeks, and then I saw her again afterwards."
"Where did you see her again?"
"She called upon me at my own House."
"You did not send her anywhere for Change of Air?"
"No."
"You are not aware that any body else did?"
"I think that I advised her during the Time I saw her in Villiers Street. I thought there was a good deal of mental Irritation; and I thought it would have been better to have gone back to Southampton. It appeared to me that her Disorder was combined of functional Derangement and mental Irritation."
"When did you first see her under the Influence of this mental Irritation?"
"I saw her in Villiers Street, the Beginning of March."
"Did you see any body associating with her?"
"Certainly not, except the Woman who is here."
"No Gentleman?"
"No, certainly not; nor did I ever hear of one."
"Did you perceive any Difference in her mental Irritation during the Time you attended her; did it increase or decrease?"
"I think it was nearly about the same."
"'Till you missed her?"
"Yes, until I missed her."
"Do you remember the Husband coming up?"
"I think I recollect, indeed I am sure, that on one Saturday I saw her, and she was so much better, that I said that I should not see her until the Monday, and on the Monday she told me that Mr. Le Fevre had been in Town."
"Had the mental Irritation ceased?"
"She seemed much more comfortable."
"Had the mental Irritation ceased at that Time?"
"Not quite; she was a Person of an irritable Fibre, and it had not quite ceased."
"What do you mean by mental Irritation?"
"An Excitement of Temper, as if there was something on the Mind."
"Did you discover that soon after she came to London?"
"As soon as I saw her in Villiers Street."
"It appeared to be an Irritation of Mind?"
"A functional Derangement."
"Might not the Derangement of the digestive Organs have been produced by the Derangement of Mind?"
"I think not to the Extent to which I saw it, though to a great Degree."
The Witness was directed to withdraw.
The Counsel stated, "That he had other Witnesses in attendance, including the Servant in the House in Panton Street, in which Mrs. Le Fevre lodged previously to her being at Mrs. Lang's, and a Witness who had seen her at the Swan Hotel, Westminster, after she lodged at Canterbury Place, whom he would call in case their Lordships should consider it necessary."
The Counsel was asked, "Whether he was in a Situation to prove the Payment of Damages, or the Issue of Process for their Recovery?"
The Counsel stated, "That the Damages had not been recovered, for that the Defendant in the Action left the Country immediately on the Commencement of the Proceeding, and had never since returned: That he was in a Situation to prove that the Judgment had been entered up, but that Execution had never been taken out, in consequence of its being found that there was no Property, and that the Office was already full of Judgments against the Defendant."
The Counsel was directed to withdraw.
Ordered, That the further Consideration and Second Reading of the said Bill be put off 'till To-morrow; and that the Lords be summoned; and that Counsel be called in at Three o'Clock.
Oaths before The Lord Steward Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to repeal so much of certain Acts as requires certain Oaths to be taken by Members of the House of Commons before The Lord Steward or his Deputies."
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.
Master of the Mint's Salary Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to reduce the Salary of the Master and Worker of His Majesty's Mint."
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."
Inglis et al. v. Harper.
Ordered, That the Cause wherein William Inglis, and others, are Appellants, and James Harper Esquire is Respondent, be heard by Counsel at the Bar on Wednesday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum sextum diem instantis Julii, horâ undecimâ Auroræ, Dominis sic decernentibus.