House of Lords Journal Volume 63: 10 August 1831

Die Mercurii, 10° Augusti 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Wynford sat Speaker by virtue of a former Commission.

Lunatics Bill.

The Lord Kenyon reported from the Lords Committees, to whom the Bill, intituled, "An Act for regulating for Three Years, and from thence until the End of the then next Session of Parliament, the Care and Treatment of Insane Persons in England," 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."

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

Belfast Harbour Bill, Petition against, referred to the Com ee.

Upon reading the Petition of Richard Williams, James Ferrier and Joseph Robinson Pim, on behalf of themselves and the other Proprietors of the City of Dublin Steam Packet Company; taking notice of a Bill depending in this House, intituled, "An Act for the further Improvement of the Port and Harbour of Belfast, in Ireland, and for other Purposes;" and praying their Lordships, "That no additional Tax on Steam Vessels may be authorized by the same, and that the Petitioners may be heard by their Counsel and Agents against the said Bill:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, and that the Petitioners be at liberty to be heard by their Counsel and Agents against the same, as desired.

Calder v. Aitchison & Co.

The House being informed, "That George Aitchison and Company, Respondents to the Appeal of John Calder, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of George Calder of the City of Edinburgh, Writer, of the due Service of the said Order, being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Kinnaird's Divorce Bill:

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

Counsel were called in.

Then Edward Clarke was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you the Husband of Mrs. Sarah Clarke?"

"Yes."

"Did you and Mrs. Clarke reside in the same House at any Time with Mr. and Mrs. Kinnaird?"

"Yes."

"For how long a Period?"

"I think about Two Years."

"Did your Wife, in the course of that Time, and before Mrs. Kinnaird and her Husband parted, make any Communications to you of what she had seen respecting Mrs. Kinnaird's Conduct?"

"She did; I know she mentioned it to me."

"Can you state about what Time, before Mr. and Mrs. Kinnaird and you and Mrs. Clarke ceased to reside in the same House, your Wife communicated those Circumstances?"

"No, I cannot; it was a considerable Time before, but I cannot say how long."

"Did you ever make any Communication of those Facts to Mr. Kinnaird?"

"No."

"Are you quite sure that you gave Mr. Kinnaird no Reason to suppose that you were privy to those Circumstances, before they separated?"

"No, never."

"Had you any particular Reason for concealing those Circumstances from him?"

"No; I cannot say any particular Reason."

"Was it Weeks or Months before the Period at which they separated that your Wife communicated those Facts to you?"

"It must have been some Months; but I cannot say how long."

Examined by the Lords.

"Were you intimate with Mr. Kinnaird?"

"I was always very friendly, so far as speaking when we passed; but not very intimate, so far as visiting him."

"Did you think it right to permit your Wife to reside in the same House with a Woman of whom she spoke in the Terms we have heard, after you had been informed of it?"

"I had no particular Reason; I did not often see Mr. Kinnaird to converse with him; and therefore I did not say any thing about it."

"Were you there as a Lodger?"

"I had an Apartment in the same House."

"Did you pay for that Apartment?"

"No, I did not."

"It was provided for you by the late King?"

"Yes, it was."

"Did you approve of your Wife residing in the same House with a Woman of that Character?"

"I did not approve of her Conduct; but I did not like to interfere in the Business."

"Did not you like to interfere to protect your Wife's Virtue and Character?"

"I was not afraid of its hurting her at all."

"Did you think it right that your Wife should be insulted with such Conversation as what has been stated?"

"It was very unpleasant; but I did not like to interfere"

"Do you mean to say that you never thought it right to remonstrate with Mr. Kinnaird upon the Impropriety of suffering his Wife to go on in this Manner?"

"I never did; I never said a Word to him."

"You never said a Word, directly or indirectly, to communicate to him the Conduct of his Wife?"

"Not at all."

"Did you ever observe any thing yourself that was improper?"

"No; I never saw any thing that I had Reason to speak about."

"Did your Wife repeatedly complain of this?"

"I do not know that she did many Times; but she has mentioned it to me, I think, more than once."

"Did she mention it to you in delicate Terms or in gross Terms?"

"Not in very gross Terms."

"Did she give you to understand that there had been a Criminal Connection between the Parties?"

"She said she thought the Conduct very improper; that she had Reason to think that something very improper was going on."

"Can you give any good Reason how you could permit your Wife to reside in this House with such a Woman?"

"I am sure I do not know."

"Are such Things frequent with respect to other Women in the House?"

"No; there is no other instance of it, that I know."

"If you had complained to the Persons that had the Disposal of that House, have you the least Doubt that so improper a Woman would have been instantly removed?"

"I do not know what to say to that; I do not know who has the Management of it."

"You were a Servant of the late King?"

"I was, of George the Third."

"You were all put into this House by Order of His late Majesty?"

"Yes."

"Under whose Control was the House?"

"I believe under the Control of The Lord Steward."

"Did not you think it your Duty to complain to The Lord Steward that this House was made a Brothel?"

"No, I did not think so."

The Witness was directed to withdraw.

Then George Dickenson was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you the Brother of Mrs. Kinnaird?"

"I am."

"Are you a married Man?"

"I am."

"Where do you reside?"

"At No. 17, King's Arms Yard, Coleman Street."

"Is that the Reversionary Interest Society?"

"It is."

"Have you and your Wife the Care of the House and the Offices?"

"We have."

"How long have you been there?"

"Nearly Seven Years."

"Who was your and Mrs. Kinnaird's Father?"

"His Name is Joseph Dickenson."

"What was he?"

"A Farmer and Grazier."

"In what County?"

"In the County of Lincoln."

"Was he a Person of respectable Character?"

"He was a Man that bore a very high Character."

"Do you recollect when your Sister, Mrs. Kinnaird, was first married to a Person of the Name of Searson?"

"Yes."

"How long is that ago?"

"I do not recollect; I was a Boy myself then."

"What was Mr. Searson?"

"He was a Carrier in the City of Lincoln; a very respectable young Man."

"Do you recollect his Death?"

"I do not."

"Do you recollect what became of your Sister after she lost her first Husband?"

"She came and resided with her Father and Mother."

"Where did they live?"

"In the Parish of Wainfleet St. Mary's."

"How long did she continue to reside there; 'till she came to London?"

"I should think from Nine to Twelve Months; I do not recollect; I was out an Apprentice at the Time, a few Miles from there."

"As far as you know, had she conducted herself up to that Time with Propriety?"

"Certainly she had."

"To whom did she come to reside with in London?"

"There was a Lady of the Name of Bracken, a Relation of my Father's in the Country; my Sister came up to Town with her."

"To reside with her?"

"Yes, 'till she got a Situation."

"Was Mrs. Bracken a Widow?"

"She was."

"Whereabouts was she living?"

"In some Part of Chelsea."

"Was she the Widow of a Stockbroker and Merchant in the City?"

"I did not know him; but he was a very respectable Man in the City."

"Do you know whether your Sister remained with Mrs. Bracken 'till she was married to Mr. Kinnaird?"

"Within a few Days, or a Week."

"Had you an Opportunity, at any Time after her Marriage with Mr. Kinnaird, of visiting them, and seeing the Way in which they treated each other?"

"Certainly, I had; I was with them a long Time."

"Where were they living then?"

At Pimlico."

"How long were you residing with then, or in the habit of seeing them?"

"I should think from Fourteen to Eighteen Months at least."

"What was the Conduct of Mr. Kinnaird towards his Wife during that Period; was it affectionate, or otherwise?"

"Most certainly it was very affectionate indeed."

"As far as you could judge of her Conduct, was it, during that Period, prudent and proper?"

"I saw nothing to the contrary."

(By a Lord.) "Was there any thing against her Character at that Time?"

"I never heard any thing; I never saw any thing."

The Witness was directed to withdraw.

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

(By Counsel.) "What are you by Business?"

"I sell Malt and Hops."

"Where do you reside?"

"At Stoke Newington, in the County of Middlesex."

"Do you know Mrs. Kinnaird?"

"Yes."

"How long have you known her?"

"I have known her for these Thirty-five Years; we were bred and born Children together."

"Were you a Lincolnshire Man?"

"Yes."

"Did you know her Father, a Farmer in Lincolnshire?"

"Yes."

"How near did he live to you?"

"Within about Two Miles."

"Were you in the habit of seeing the Family frequently?"

"Yes; frequently."

"Do you recollect her first Marriage?"

"Yes."

"And her becoming a Widow?"

"Yes; she came to London to me, and I lived in Ely Place, at No. 16."

"When did she come to Ely Place?"

"In 1816."

"Did you live in Ely Place then?"

"Yes."

"Did she reside in your House at that Time?"

"No; she came to call upon me when she came from the Country. I came up in 1814, and she came up in 1816."

"Had you known her in the Country up to 1814?"

"Yes."

"Had you, up to that Time, heard any thing disrespectful as to her Conduct, or Character, or Morals?"

"Never in my Life."

"When she came to London in 1816, do you know where she went to live?"

"She went to a Lady that was a Cousin to her Father, of the Name of Mrs. Bracken, at Chelsea, and I went to see her there Three Times; she borrowed 3-. of me when she first came up, and she paid me again; and I went Three Times, and I had Tea there with her and her Cousin; and afterwards she went to live with a Gentleman, as Housekeeper, in Chelsea, but I cannot tell his Name."

"As long as you have been acquainted with her, had you Reason to think that during that Time her Conduct was proper and correct?"

"I never saw any other."

(By a Lord.) "Was she visited by decent respectable Women?"

"Yes."

(By Counsel.) "Was Mrs. Bracken herself a very respectable Person?"

"Yes; her Husband was a Stockbroker."

"Did it occasion you any Surprise to hear what has subsequently occurred?"

"Yes, it did very much so when I heard of it; there was not a more respectable Farmer in Lincolnshire than Mr. Dickenson, her Father, was; and he rented 200 Acres of Land under the Bedlamite Hospital in London; and my Father rented 193 under the same Hospital."

"Knowing her as you did during the Period she was married to Mr. Searson, how did she conduct herself during that Period?"

"They visited my Father; and I never heard any thing at all amiss. I never saw any thing."

(By a Lord.) "Had you never heard any thing against her Character?"

"Never in my Life."

"And you were well acquainted with her?"

"Yes."

"Did you know her first Husband?"

"Yes."

"What was he?"

"Her first Husband was the Master of the Stage Waggons from Lincoln to London."

"Was he a respectable Man?"

"Yes, very much so; and his Father likewise."

"Do you know any Females that visited her?"

"None, except my Sisters. The Farmers of the Country visit one another."

"Did the Farmers Wives visit her in the Country?"

"Yes; and Gentlemen Farmers Wives, the same as others."

The Witness was directed to withdraw.

Then Samuel Lawford was called in; and having been sworn, was examined as follows:

(By Counsel.) "Are you a Sergeant in the Grenadier Guards?"

"I am."

"Do you know Sergeant Roberts?"

"I do."

"Is he a married or a single Man?"

"A married Man."

"How long have you known him to be a married Man?"

"Since February 1824."

"What was Sergeant Roberts's Pay as a Sergeant?"

"The Country allows him 14s. 7d.; but in consequence of a Fund we had at that Time, which he paid 1s. a Week to, he only received 13s. 7d. a Week."

"That is a Stoppage for a Regimental Fund?"

"It existed then; but it does not now."

"Then he may have 14s. 7d. a Week now?"

"Now he has."

"What Family had he?"

"A Wife, but no Children."

"Does he live with his Wife?"

"He does."

"Has he had any Children?"

"Not that ever I knew of."

The Witness was directed to withdraw.

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

(By Counsel.) "I believe you were a Page of the Back-stairs to His late Majesty?"

"Yes."

"You are now pensioned?"

"Yes."

"Do you know Mr. Kinnaird?"

"Yes."

"Were you and he in attendance upon His late Majesty together at any Time?"

"Constantly."

"Do you recollect the Period when he and his Wife parted?"

"Yes."

"Do you recollect the Proceedings that he instituted in consequence of that?"

"Yes."

"Had you an Opportunity of seeing the State of Mr. Kinnaird's Mind and Feelings about that Period?"

"Daily."

"What were they?"

"He was very much annoyed, and had great Anxiety of Mind, which very much increased his Illness at that Time."

"How long did he continue ill?"

"He was ill for Nine Months; a very serious Illness."

"From the State of his Mind, and his Anxiety at that Time, have you any Reason to believe that he was at all acquainted with the Conduct of his Wife 'till the Separation took place?"

"Certainly not."

"Did you know that the Person against whom he brought the Action was a Sergeant in the Guards?"

"I heard so."

"In consequence of any Application which Mr. Kinnaird made to you, did you write a Letter to the Adjutant of the Grenadier Guards?"

"I did."

"For what Purpose?"

"Mr. Kinnaird at that Time was very much annoyed by Applications from the Relations of Sergeant Roberts; and he requested me to write, he then being very ill, to the Adjutant, for the Purpose of stopping the Annoyance that he was repeatedly having by those Letters."

"Did you write the Letter accordingly?"

"I did."

"How did you send that Letter away?"

"It went by the King's nightly Bag."

"I believe you were both then in attendance upon His late Majesty George the Fourth?"

"Yes."

The Witness was directed to withdraw.

Mr. Pollock stated, "That the Petitioner was in Attendance, if their Lordships desired to examine him."

Hugh Kinnaird was then called in, and examined by the Lords as follows:

"When were you first informed of this Criminal Intercourse with your Wife?"

"Perhaps it may be Five or Six Days before I turned her away that I was informed of Doubts, but nothing positive until the very Evening before."

"Were you ever informed of it before?"

"Certainly not."

"Why have not you proceeded against the Adulterer for the Damages?"

"The only Reason I can give why I have not, is, that I was perfectly aware that, from his very limited Income, it was impossible for him to pay me such Damages; and that my then Attornies did not instruct me that it was necessary that I should enforce the Damages."

"Did you never think of bringing an Action against either of the other Adulterers?"

"If I had known the plain Evidence that I afterwards found out with regard to some of the other Adulterers I never should have proceeded against Sergeant Roberts; but that Evidence did not reach me 'till I had proceeded a considerable length with my Action."

"You were not aware of any Case against the others?"

"No, I was not at the Time, but I heard very soon after."

"Was there any Collusion whatever, direct or indirect, between you and this Sergeant?"

"Certainly none."

"Were you in any way privy to the scandalous Conduct of your Wife?"

"No."

Mr. Kinnaird 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 Friday next; and that the Lords be summoned.

Evidence to be printed.

Ordered, That the Evidence taken on the said Bill be printed.

The King's Answer to Address.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Address of Wednesday last; and that His Majesty was pleased to receive the same very graciously."

The House was adjourned during Pleasure.

The House was resumed by The Earl of Shaftesbury, who sat Speaker by virtue of a former Commission.

Mac Millan et al. v. Campbell et al.

The House being informed, "That Charles Campbell, and others, Respondents to the Appeal of Thomas Mac Millan, and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Humphrey Graham of Edinburgh, Writer to His Majesty's Signet, of the due Service of the said Order, being read;

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Manchester & Sheffield Railway Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom 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," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

"Pr. 12. L. 5. After ("respectively") insert Clause A.

"Clause A. And be it further enacted, That the said Railway shall be carried over the Lands of the Devisees in Trust under the last Will and Testament of the late Most Noble Francis Duke of Bridgewater deceased, in the said Township of Hulme, and lying between the Road leading from Manchester aforesaid to Crossford Bridge and the Canal of the said Devisees, in a Line parallel to and on the East Side and at the Distance of Two hundred and thirty Feet from the Centre Line of Dawson Street, (measuring from the Centre Line of the said Railway,) and shall be continued from the said Canal by a regular Curve to a Point on the North Bank of the River Medlock, in the same Township, where a Fence (being a Continuation of the Fence of a certain Bowling Green there) meets or joins the said River, the Point of which Fence is to be taken for the Centre of the said Railway."

"Pr. 13. L. 19. After ("Norris") insert ("or of the Devisees in Trust of the late Most Noble Francis Duke of Bridgewater deceased, in the Township of Hulme aforesaid")

"L. 22. After ("Philips") insert ("or of the said Devisees in Trust for the Time being")

"Pr. 15. L. 2. After ("Act") insert Clauses B. and C.

"Clause B. Provided always, and be it further enacted, That nothing herein contained shall extend or be construed to extend to authorize or empower the said Company hereby incorporated to take or use, under the Powers or Provisions of this Act, any greater Quantity of Land belonging to the Devisees in Trust of the said late Duke of Bridgewater than Thirty-one Feet in Breadth in passing through their Lands in Hulme aforesaid."

"Clause C. And be it further enacted, That notwithstanding any thing herein contained, it shall not be lawful for the said Company to take or use any Part of the Property belonging to the Devisees in Trust of the said late Duke of Bridgewater deceased, within the Township of Hulme aforesaid, for the Purpose of making and providing Yards, Staiths, Wharfs, Weighing Machines, Warehouses, or other Buildings or Conveniences for receiving, depositing, loading, weighing or keeping any Cattle, or any Goods, or other Articles, Matters or Things, conveyed or intended to be conveyed upon the said Railway, or for making any Road or Way or Roads or Ways thereto, without the Consent in Writing of the said Devisees in Trust for that Purpose first had and obtained."

"Pr. 29. L. 16 & L. 17. After ("Company") insert Clauses D. E. F. G. H. and I.

"Clause D. And whereas it will be necessary to make the said Railway hereby authorized to be made across the Canal of the Devisees in Trust of the said late Duke of Bridgewater, in the Township of Hulme aforesaid; be it therefore enacted, That the said Company hereby incorporated shall and they are hereby required, for the Purpose of carrying the said Railway over the said Canal, at their own Expence, to erect and build good, firm and substantial upright Side Walls of Brick or Stone on each Side of the said Canal, to the Height of not less than Twelve Feet Six Inches from the Topwater Level of the said Canal, and which shall not be less than Forty Feet between such Side Walls, and from such Side Walls to throw over the said Canal firm and substantial straight Sleepers or Bearers of Wood or Iron, upon which the said Railway is to be carried; and the said Company hereby incorporated shall at all Times for ever after such Bridge shall have been erected, keep the said Bridge, or any future Bridge to be erected in lieu thereof, and which shall be of the like Form, Dimensions, Capacity and Materials as are herein-before mentioned, in good, perfect and complete Repair; and in case of any Want of Repair to the said Bridge, and Notice thereof being given by any Agent or other Person authorized by the said Devisees in Trust of the said late Duke of Bridgewater to the said Company hereby incorporated, of any Want of Repair to the said Bridge, if the said Company hereby incorporated shall not, for the Space of Seven Days after the Service of such Notice, commence such Repair, and proceed therein with all reasonable Expedition until the same shall be completed, the said Devisees in Trust of the said Canal may, in case they shall see fit, from Time to Time repair or rebuild the said Bridge in the like Form, Dimensions, Capacity and Materials, as the Case may require and the said Devisees in Trust may think necessary; and all the Expences thereof shall be repaid by the Company hereby incorporated to the Devisees in Trust aforesaid, upon Demand; and in default of such Payment, any Two or more of His Majesty's Justices of the Peace for the said County Palatine of Lancaster shall and they are hereby required, on Application by the said Devisees in Trust, or of any Person authorized by them, by Warrant under the Hands and Seals of the said Justices, to cause the Amount of such Expences to be levied by Distress and Sale of the Goods and Chattels of the said Company hereby incorporated, and to be paid to the said Devisees in Trust, their Agent or Clerk, rendering the Overplus (if any,) upon Demand, after deducting the reasonable Charges of making such Distress and Sale, to the said Company hereby incorporated or to their Treasurer; or otherwise the said Devisees in Trust shall and may sue for and recover the same against the said Company hereby incorporated by Action of Debt or on the Case in any of His Majesty's Courts of Record at Westminster, or in His Majesty's Court of Common Pleas for the County Palatine of Lancaster."

"Clause E. Provided always, and be it further enacted, That the said Company hereby incorporated shall not, in or by the Execution of any of the Powers hereby granted, occasion any Obstruction, Damage or Injury to the Canal Navigation of the Devisees in Trust of the said late Duke of Bridgewater, or the Boats, Barges or Vessels navigating thereon, or to any of the Works of the said Devisees in Trust as aforesaid, or obstruct, prevent or hinder the full and free Use and Enjoyment of the said Canal, and the Towing Paths and Works to the same belonging, save only such as shall be unavoidable in the making or repairing the said Bridge; and if, in the Construction of the said Railway over the said Canal, or otherwise, the said Company hereby incorporated, or their Servants, Agents or Workmen, shall in any respect injure or damage the said Canal or any Part thereof, they the said Railway Company shall and they are hereby required forthwith to repair and make good such Injury or Damage at their own Expence, and also pay to the said Devisees in Trust of the said late Duke of Bridgewater, or to their Agents, the full Amount of all Loss and Damage which they may thereby sustain or be put unto; and in case the said Railway Company shall not, within Three Days after Notice in Writing from the said Devisees in Trust of the said late Duke of Brigewater, repair and make good, or begin to repair and make good, such Damage and Injury, it shall be lawful for the said last-mentioned Devisees in Trust, and they are hereby authorized, at the Expiration of Three Days from such Notice, by themselves, their Agents, Servants or Workmen, to repair and make good such Injury or Damage; and all the Expences thereof, and also the Loss or Damage occasioned thereby, shall be repaid by the said Railway Company to the said Devisees in Trust of the late Duke of Bridgewater; and in default of Payment thereof on Demand (such Demand, being made in Writing, and fully and accurately stating the Particulars of all such Expences, Loss and Damage,) the said Devisees in Trust of the late Duke of Bridgewater may sue for and recover the same against and from the said Railway Company by Action of Debt or on the Case in any of His Majesty's Courts of Record at Westminster; and also the said Company shall and they are hereby required to make Compensation to all Parties navigating on the said Canal for all Loss or Injury which they may sustain by Obstruction, Interruption, Delay or Stoppage, to be recovered in like Manner."

Clause F. And be it further enacted, That the said Company shall and they are hereby required, in forming the said Railway upon the Lands of the said Devisees in Trust of the said late Duke of Bridgewater situate in the said Township of Hulme, so to construct the same for the whole Length of the Part on the North Side of the Canal extending from the River Medlock to the said Canal, and for not less than Fifty Yards on the South Side of the said Canal, upon Piers and Arches of such Dimensions as shall be convenient for the proper Use and Occupation of the Lands of the said Devisees, on each Side of the said Railway and under the same, and for Communications under the Railway between such Lands; such Arches to be formed of such Dimensions as shall be judged necessary by the said Devisees or their Agents, (but not to exceed Thirty Feet each in the Span,) provided the same do not interfere with the Formation, Inclination or future proper Use of the said Railway over such Arches: Provided also, that the said Railway on the North Side of the said Canal shall be made of an uniform Ascent from the Crown of the Bridge to be erected over the said Canal to the Crown of the Bridge to be erected over Water Street aforesaid, and so as to leave a clear Space of Seventeen Feet under the Arch of the said Crossing of Water Street as by this Act is directed; and that the Fall of the said Railway from the said Canal towards the said Road to Crossford Bridge shall not exceed the Rate of One in Two hundred and twelve, without the Consent in Writing of the said Devisees for the Time being for that Purpose first had and obtained; and that the Depth or Thickness from the Surface of the said Railway to the Soffitte of the Arch over the Canal shall not be more than Two Feet."

"Clause G. Provided always, and be it further enacted, That proper Screens or Walls shall be erected and kept in proper Repair, at the Expence of the said Company, by the Sides of such Railway where the same shall pass over the Lands of the said Devisees of the late Duke of Bridgewater in Hulme aforesaid, to conceal and screen the Steam Engines and other Machinery passing along the said Railway from the View of Horses upon the Banks of the Canal and upon the other Ground belonging to the said Devisees: Provided always, that nothing herein contained shall prevent or be construed to prevent the said Devisees from removing any Part of such Screens or Walls as shall be required for any Communications or Branches to be made by the said Devisees over or with the said Railway; and in case the said Devisees and the said Company shall not agree as to the Sufficiency of such Screens or Walls, then the same shall be left to the Decision of any Two or more of His Majesty's Justices of the Peace for the said County Palatine of Lancaster."

"Clause H. And be it further enacted, That the said Company shall form an Arch or Bridge, as an Extension of the Arch to be formed under the Road from Manchester to Crossford Bridge aforesaid, in the Line of the said Railway, for a Length of not less than Eighteen Feet into the Ground belonging to the said Devisees, for the Purpose of forming a private Road or Way over the said Railway for the convenient Communication between the Ground belonging to the said Devisees on the East and West Sides of the said Railway towards the South End of such Ground, and shall finish the said private Road or Way with proper Approaches to the same, and with Walls of sufficient Strength and Height at the Ends thereof to form a Fence between the said Ground and the said Road to Crossford Bridge on the South Side, and as a Parapet Wall on the North Side of such private Road: Provided also, that the Arch under such private Road or Way shall be for ever kept in Repair by the said Railway Company, but that the Road over and Approaches to the same shall be kept in Repair by the said Devisees; and that the constructing of the several Arches and the Road in the Lands of the said Devisees shall be done in a good and substantial Manner, and so as to be convenient with the future full Use and Enjoyment of the Property of the said Devisees, but at the same Time to be consistent with the perfect Construction and free Use of the said Railway and Property of the said Company."

"Clause I. Provided nevertheless, and be it further enacted, That, notwithstanding any thing in this Act contained, the said Devisees shall have full Power and Authority to form, at their own Expence, not exceeding Two additional Bridges or Communications over the said Railway, between their Ground on the East and West Sides thereof in the said Township of Hulme, such Bridges or Communications to be of a clear Height over such Railway of not less than the Arch of the Bridge to be formed under the said Road from Manchester to Crossford Bridge aforesaid, the said Devisees causing as little Hindrance and Damage as may be to the said Railway and the Traffic thereon and other the Property of the said Company; and the said Devisees, and their Heirs or Assigns, shall be bound to keep and maintain the said Bridges or Communications when made for ever afterwards in good and perfect Repair at their own Expence."

"Pr. 40. L. ult. After ("Company") insert ("and the said Company in making the said Railway through the Lands of the said Devisees in Trust under the last Will and Testament of the said late Duke of Bridgewater, in Hulme as herein-before mentioned, shall not deviate on either Side from the Line herein-before described, without the Consent of the said Devisees in Trust for the Time being")

"In the Schedule to the Bill:

"Pr. 260. Lines 18, 19 & 20. In the last Column leave out ("and Weighing House")

And the said Amendments, being read a Second Time, were agreed to by the House.

Liverpool Church Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for endowing a Church called Saint Bridgett, in the Parish of Liverpool, 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 made some Amendments thereto."

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

"Pr. 11. L. 12. Leave out from ("if") to ("any") in Line 13, and in Line 13 leave out ("other")

And the said Amendments, being read a Second Time, were agreed to by the House.

Manchester, Bolton, &c. Railway Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Company of Proprietors of the Canal Navigation from Manchester to Bolton and to Bury to make and maintain a Railway from Manchester to Bolton and to Bury, in the County Palatine of Lancaster, upon or near the Line of the said Canal Navigation, and to make and maintain a Collateral Branch to communicate therewith."

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Cross and Mr. Trower;

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

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Highland Society's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing, altering, enlarging and amending certain Provisions of an Act passed in the Fifty-sixth Year of the Reign of His late Majesty King George the Third, intituled, "An Act for the Incorporation of the Highland Society of London, for the better Management of the Funds of the Society, and for rendering its Exertions more extensive and beneficial to the Public."

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

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

Birmingham Poor Bill read 2 a, & committed:

Hodie 2^a vice lecta est Billa, 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."

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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

Judges Report on, referred to the Com ee.

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

Owen's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in Trustees a legal Estate, which on the Death of Joseph Crewe escheated to His Majesty and The Lord Bishop of Bangor, in an undivided Third Part of certain Hereditaments in the County of Denbigh, in order to effect a Partition directed by the Court of Chancery."

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 Monday the 22d of this instant August, at the usual Time and Place; and to adjourn as they please.

Exchequer Bills (£13,616,400) Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising the Sum of Thirteen millions six hundred and sixteen thousand four hundred Pounds by Exchequer Bills, for the Service of the Year One thousand eight hundred and thirty-one."

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."

Exeter Turnpike Trust, Accounts respecting, delivered.

The House being informed, "That Mr. George Ellicombe, the Treasurer of the Exeter Turnpike Trust, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of the 25th Day of July last,

"Account of the Monies received for the Tolls of the Exeter Turnpike 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; and also Account of the Amount of Debt from the Exeter Turnpike Trust at the Time the several Districts of Road were consolidated, specifying the Balance due to and from each of them at the Time; and also an Account of the Debt due from the Trust at the Time the last General Annual Statement was made up, specifying how the Amount of the Increase of Debt has been expended."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, undecimum diem instantis Augusti, horâ undecimâ Auroræ, Dominis sic decernentibus.