House of Lords Journal Volume 64: 27 June 1832

Die Mercurii, 27° Junii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mellish v. Richardson:

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

And Counsel now appearing for the Plaintiff;

He was heard to state and argue the Case on behalf of the Plaintiff:

And the Defendant's Counsel being, in Part, heard;

The Counsel were directed to withdraw.

Questions put to the Judges.

Proposed, "That the following Questions of Law be put to the Judges:

"1st. Whether it is competent to a Court of Error to examine the Propriety of an Amendment of the Record made by the Court below, being a Court of Record, the Order for the Amendment being sent up as Part of the Record?"

"2d. Whether, supposing it to be competent, an Amendment made by the Court of Record in which the Action was originally brought, in the Manner and under Circumstances similar to those stated in the Case of "Mellish v. Richardson," would be lawfully made?"

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

And the Judges desiring Time to consider the said Questions;

Ordered, That the further Consideration of the said Cause be adjourned post Meridiem; and that the Judges do then attend to deliver their Opinions upon the said Questions.

Doe v. Perratt & Burge.

The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein John Doe, on the Demise of Isaac Winter, is Plaintiff, and Matthew Perratt and William Burge are Defendants; and for the Judges to attend;

Counsel were accordingly called in:

And the Plaintiff's Counsel being, in Part, heard;

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off to Saturday next; and that the Judges do then attend.

London & Birmingham Railway Bill.

Ordered, That the Sitting of the Committee to whom the Bill, intituled, "An Act for making a Railway from London to Birmingham," stands committed, which stands appointed for this Day, be put off 'till To-morrow, at One o'Clock.

Marsh et al. v. Keating.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein William Marsh, and others, are Plaintiffs, and Ann Keating is Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Rockingham Forest Inclosure Bill, The King's Consent signified:

The Earl of Shaftesbury acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for disafforesting and inclosing so much of the Forest of Rockingham as is situate within the Bailiwick of Rockingham, and for inclosing Open and Common Field Lands in Gretton, all within the County of Northampton," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

Bill reported.

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

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

"Pr. 7. L. ult. Leave out from ("Baronet") to ("and") in Press 8, Line 1.

"L. 5 & L. 6. After ("Rockingham") insert ("and") and in Line 6 leave out from ("Cottingham") to ("within") in Line 7, and insert ("cum Desborough")

"L. 15. After ("Brooke") insert ("The Honourable")

"L. 16. After ("Medlycott") insert ("Widow")

"Pr. 11. L. 27. Leave out ("not being Woodlands")

"Pr. 17. L. 29. After ("Nottingham") insert ("his Executors or Administrators")

"Pr. 19. L. 7 & L. 8. After ("Nottingham") insert ("his Heirs or Assigns") and in Line 8 leave out from ("after") to ("the") in Line 9.

"L. 10. After ("Majesty") insert ("shall have been purchased")

"Pr. 21. L. 21. Leave out ("and Chapels")

"Pr. 24. L. 5. Leave out from ("shall") to ("when") in Line 6.

L. 14. Leave out ("to")

"Pr. 25. L. 6. After ("Oath") insert ("or Affirmation")

"L. 7. After ("Oaths") insert ("or Affirmations")

"L. 31. Leave out from ("Witnesses") to ("And") in Press 26, Line 1, and insert ("and every Witness who shall wilfully give false Evidence on any such Examination on Oath or Affirmation as aforesaid shall be deemed guilty of wilful and corrupt Perjury")

"Pr. 28. L. 22. After ("Heirs") insert ("Executors, Administrators")

"Pr. 33. L. 25. After ("Administrators") insert ("or other the Person or Persons")

"Pr. 34. L. 24. After ("Administrators") insert ("or other such Person or Persons as aforesaid, to His Majesty and to the said Walter Francis Duke of Buccleuch and Queensberry, his Heirs or Assigns (if the said Earl shall have made any such Payment as lastmentioned)")

"Pr. 43. L. 13. Leave out from ("Purposes") to ("be") in Line 18.

"Pr. 46. L. 7. After ("Oath") insert ("or Affirmation")

"L. 11. After ("Oath") insert ("or Affirmation")

"Pr. 48. L. 14. Leave out ("Ten") and insert ("Eight") and in the same Line leave out from ("Miles") to ("and") in Line 16, and insert ("from the Boundary of the said Forest")

"L. 33. Leave out ("several")

"L. 34. After ("Parishes") insert ("respectively")

"Pr. 51. L. 12. Leave out ("claiming under him") and insert ("entitled to the Benefit of the Purchase from the Crown hereby authorized")

"L. 25. Leave out ("claiming under him") and insert ("entitled as aforesaid")

"Pr. 57. L. 12. After ("was") insert ("or were")

"L. 20. Leave out from ("the") to ("entitled") in Line 21, and insert ("Persons") and in Line 21 leave out from the second ("the") to ("such") in Line 23, and insert ("Benefit of the Purchase from the Crown hereby authorized")

"Pr. 58. L. 18. After ("Nottingham") insert ("or such Persons as aforesaid")

"L. 24. After ("Earl") insert ("and other Persons")

"L. 25. After ("his") insert ("and their")

"Pr. 60. L. 17. Leave out ("to or for") and insert ("unto and amongst")

"Pr. 63. L. 3. Leave out ("but") and insert ("Provided always, that in case and so often as there shall be Two or more Persons being Owners of such Woods, Coppices or Woodlands as aforesaid, situated in the same Parish, and it shall happen that after allotting and disposing of all the said Forest, Plains, Ridings, waste and uninclosed Grounds within the same Parish, in the Manner herein-before directed, any One or more of such Owners of Woods, Coppices or Woodlands shall have received no Compensation, or shall have received less than a full Compensation for all his, her or their Rights of Common or Commonable Rights in respect of Tenements situated in the same Parish, then and in every such Case the said Forest Inclosure Commissioners shall make full Compensation to the Wood Owner or Wood Owners who shall previously have received no Compensation or less than a full Compensation as aforesaid, either by allotting to him, her or them such Portion or Portions of any Woods, Coppices or Woodlands, or any old Inclosures of or belonging to any other or others of the said Wood Owners, and situated in the same Parish, or by directing any Payment or Payments to be made and received in Money, as to the said Forest Inclosure Commissioners shall seem just and proper: Provided also, that")

L. 4. After ("Allotments") insert ("and Compensations") and in the same Line after ("respectively") insert ("to be made as aforesaid")

L. 10. After ("Allotments") insert ("or Compensations")

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

"Pr. 64. L. 3. After ("Nottingham") insert ("or the Persons entitled to the Benefit of the Purchase from the Crown hereby authorized")

"Pr. 65. L. 35. Leave out ("or") and insert ("and")

"Pr. 70. L. 10. Leave out ("or Chapels")

"Pr. 71. L. 7. After ("Nottingham") insert ("or the Persons entitled to the Benefit of the Purchase from the Crown hereby authorized")

"Pr. 74. L. 36. After ("seized") insert ("in Possession")

"L. 30. After ("being") insert ("so")

"Pr. 75. L. 34. After ("of") insert ("or determinable on")

"Pr. 77. L. 28. Leave out ("or") and insert ("and")

"Pr. 79. L. penult. After ("Vicars") insert ("Perpetual Curates")

"Pr. 83. L. 3. Leave out ("or") and in the same Line after ("Vicars") insert ("or Perpetual Curates")

"L. 12. Leave out ("or") and in the same Line after ("Vicars") insert ("and Perpetual Curates")

L. 36. After ("Vicars") insert ("Perpetual Curate or Curates")

"Pr. 84. L. 15. Leave out ("or") and in the same Line after ("Vicar") insert ("or Perpetual Curates")

"L. 22. Leave out ("or") and in the same Line after ("Vicar") insert ("or Perpetual Curate")

"Pr. 85. L. 8. After ("Vicar") insert ("Perpetual Curate")

"L. 32. Leave out ("or")

"L. 33. After ("Vicar") insert ("or Perpetual Curate")

"L. 36. Leave out ("or")

"L. 37. After ("Vicar") insert ("or Perpetual Curate")

"L. ult. Leave out ("or") and in the same Line after ("Vicar") insert ("or Perpetual Curate")

"Pr. 87. L. 3. Leave out ("or") and in the same Line after ("Vicar") insert ("or Perpetual Curate")

"L. 5. Leave out ("or") and in the same Line after ("Vicar") insert ("or Perpetual Curate")

"Pr. 88. L. 10. Leave out from ("shall") to ("within") in Line 11.

"L. 12. After ("thereof") insert ("be inrolled in the Manner prescribed by the said recited Act of the Forty-first Year of the Reign of King George the Third") and in the same Line after ("and") insert ("the Original thereof, with all Maps, Plans, Surveys and other Documents necessary for the due Understanding of the same, shall be")

"L. 17. After ("same") insert ("or the Inrolment of the said Award")

"L. 25. After ("and") insert ("Copies or Extracts of or from the same shall be delivered to any Person or Persons who may apply for such Copies or Extracts")

"L. 26. After ("any") insert ("such") and in the same Line leave out ("therefrom")

"L. 27. After ("Maps") insert ("Plans")

"L. penult. Leave out ("may be necessary to explain the same") and insert ("aforesaid")

"Pr. 100. L. 5. After ("of") insert ("all") and in the same Line leave out from ("the") to ("Lands") in Line 6.

"L. 7. Leave out ("Meadows and Pastures")

"L. 8. Leave out ("hereby") and in the same Line after ("directed") insert ("or authorized")

"L. 9. After ("inclosed") insert ("or allotted")

"L. 18. Leave out ("and also") and insert ("including")

"L. 19. Leave out ("said")

L. 30. Leave out ("all") and in the same Line leave out from ("Lands") to the first ("and") in Line 31, and insert ("or any of them, and also to survey and measure such of the old inclosed Lands within the said Parishes as it may be necessary to survey and measure for any of the Purposes of this Act")

"L. 32. Leave out ("same") and insert ("Premises to be surveyed by him")

"Pr. 101. L. 34. Leave out ("open and other")

"Pr. 102. L. 38. After ("Oath") insert ("or Affirmation")

"Pr. 103. L. 3. After ("Oath") insert ("or Affirmation")

"Pr. 107. L. 32. After ("Nottingham") insert ("as such Lord") and in the same Line leave out from ("the") to ("Wastes") in Line 33.

"L. 34. Leave out from ("aforesaid") to ("provided") in Line 38, and insert ("by this Act")

"Pr. 109. L. 8. After ("Lands") insert ("in Gretton")

"Pr. 110. L. 31. After ("Forest") insert ("also to be set out to and for the said Parish of Gretton as aforesaid")

"L. 34. Leave out from ("Pastures") to ("Deduction") in Line 37.

"Pr. 116. L. 7. After ("Roberts") insert ("or his Successor")

"Pr. 121. L. 8. After the second ("and") insert ("have and be invested with")

"Pr. 125. L. 24. Leave out from ("County") to ("be") in Line 4 of the Interlineation at the End of Line ult. and insert ("and the Original of the said Award, together with such Maps, Plans, Surveys and other Documents as shall be necessary for the due Understanding thereof, shall") and also in the Interlineation, Line 15, leave out from ("require") to ("and") in Line 19, and in Line 19 after ("and") insert ("the Enrolment of") and also in Line 19 leave out from ("award") to ("shall") in Line 20, also in Line 26 after ("and") insert ("Copies or Extracts thereof shall be delivered to any Person or Persons who shall apply for such Copies or Extracts") also in Line penult. after ("all") insert ("such") and also in Line ult. leave out ("thereof")

"Pr. 127. L. 17. After ("recovered") insert ("with full Costs of Suit")

"Pr. 133. L. 14. Leave out ("Ten") and insert ("Eight")

"L. 15. Leave out from ("the") to ("and") in Line 16, and insert ("Boundary of the said Forest")

"L. 20. Leave out ("Ten") and insert ("Eight")

"L. 22. Leave out ("Parish") and insert ("Forest")

"Pr. 134. L. 14. Leave out from ("respectively") to ("hereby") in Line 15.

"Pr. 150. L. 1. After ("Bailiwick") insert ("of Rockingham, or within any of the Parishes in this Act mentioned")

"L. 2. After ("any") insert ("such")

"Pr. 156. L. 28. Leave out from ("Hereditaments") to ("held") in Line 29.

"L. 31. After ("Commissioners") insert ("hereby respectively authorised to make Allotments in respect of the same Lands or other Hereditaments respectively")

"Pr. 158. L. 7. Leave out ("said") and insert ("same") and in the same Line and in Line 8 after ("Commissioners") insert ("or their Successors")

"Pr. 159. L. 19. Leave out from ("respectively") to ("and") in Line 20.

L. 21. & L. 22. After ("Services") insert ("and (in case of any Lands held of any Manor or Manors) of and as Parcel of the same Manor or Manors")

L. 27. After ("Act") insert ("or")

"L. 37. Leave out ("of the same Manors") and insert ("by")

"L. 38. & L. penult. After ("Services") insert ("and (as the Case may be) of the same Manor or Manors")

"Pr. 162. L. 13. Leave out from ("Parishes") to ("herein-before") in Line 14.

"Pr. 164. L. 5. Leave out ("Bailiwick of Rockingham and")

"L. 6. After ("Gretton") insert ("or any other or others of the aforesaid Parishes")

"Pr. 189. L. penult. After ("Evidence") insert ("thereof")

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

Sir T. Slingsby's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for exchanging Fee-Simple Estates of Sir Thomas Slingsby Baronet, situate at Scriven, Scotton and Farnham, and in the Parishes of Knaresbrough and Farnham, in the County of York, for a Part of his Settled Estate situate at Wollas otherwise Woolhouse, in the Township of Appleton Roebuck and Parish of Bolton Percy, in the County of the City of York; and for enabling Charles Slingsby Esquire to charge the said Settled Estate with Portions for younger Children," 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in tertiam horam post meridiem, Dominis sic decernentibus.

Post Meridiem.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Mellish v. Richardson, Judges Opinion delivered:

The Order of the Day being read for taking into further Consideration the Cause wherein William Mellish is Plaintiff, and George Richardson is Defendant; and for the Judges to attend to deliver their Opinions upon the Questions of Law propounded to them this Day;

Accordingly, Mr. Baron Bayley delivered the unanimous Opinion of the Judges present upon the First Question in the Negative; and submitted to the House that it was unnecessary to offer any Opinion upon the Second.

Whereupon the following Order and Judgment was made:

Whereas, by virtue of His Majesty's Writ of Error returnable in the House of Lords in Parliament assem bled, a Record of the Court of King's Bench was brought into this House on the 18th Day of March 1828, wherein William Mellish is Plaintiff, and George Richardson Defendant, in order to reverse a Judgment given in the Court of King's Bench, affirming a Judgment of the Court of Common Pleas; and Counsel having been heard, as well Yesterday as this Day, to argue the Errors assigned upon the said Writ of Error; and after hearing the unanimous Opinion of the Judges present upon Two Questions of Law to them proposed; and due Consideration had of what was offered on either Side in this Cause:

Judgment Affirmed:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Judgment given in the Court of King's Bench, affirming a Judgment of the Court of Common Pleas, be, and the same is hereby Affirmed.

The Tenor of which Judgment, to be affixed to the Transcript of the Record, is as follows:

Tenor.

"On which Day, before the same Court of Parliament aforesaid, at Westminster aforesaid, come the Parties aforesaid, by their Attornies aforesaid; Whereupon the said Court of Parliament having seen, diligently examined and fully understood as well the Record and Process aforesaid, and the Judgments given thereupon, as the Causes and Matters aforesaid assigned by the said William Mellish as above for Error, and mature Deliberation being thereon had; It appears to the said Court of Parliament, that there is no Error either in the Record and Proceedings aforesaid, or in the giving of the Judgment aforesaid, or in the Affirmance of the said Judgment, and that the Record is in no ways vicious or defective: Therefore it is considered by the same Court of Parliament aforesaid, that the said Judgments be in all Things Affirmed, and that they stand in full force and virtue, notwithstanding the Causes and Matters aforesaid as above assigned for Error: And thereupon the Record aforesaid, and also the Process had in the Court of Parliament aforesaid on the Premises, are sent back by the same Court of Parliament to the Court of the said Lord The King, before The King Himself, wheresoever He shall then be in England, &c. to do Execution thereupon, &c."

Divisions of Counties Bill, Petition from Exeter against.

Upon reading the Petition of the Freemen, Freeholders and Inhabitants of the City and County of the City of Exeter, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs, in England and Wales, in so far as respects the Election of Members to serve in Parliament;" and praying their Lordships, That the same, as regards the City of Exeter, may not pass into a Law:"

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

Steam Carriages Tolls Bill read 2 a, & referred to a Select Com ee.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to regulate for Five Years Road Tolls on Steam Carriages;"

The said Bill was accordingly read a Second Time.

It was moved, "That the said Bill be referred to a Select Committee, to consider and report."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the Lords following be appointed a Select Committee to consider the said Bill, and report thereupon to the House:

Their Lordships, or any Five of them, to meet on Monday next, at Two o'Clock in the Afternoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Jury (India) Bill, Correspondence respecting, Ordered.

Ordered, That there be laid before this House, "A Copy of the Correspondence between the Directors of The East India Company and the Commissioners for the Affairs of The East Indies on the India Jury Bill."

Ecclesiastical Corporation Lands Bill.

Ordered, That the Bill, intituled, "An Act to authorize the identifying of Lands and other Possessions of certain Ecclesiastical and Collegiate Corporations," be re-committed to a Committee of the Whole House on Friday next.

London & Birmingham Railway Bill, Petition in favor of, referred to the Com ee.

Upon reading the Petition of The Lord Mayor, Sheriffs and Bankers, Merchants and Traders of the City of Dublin and its Vicinity, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for making a Railway from London to Birmingham;" and praying their Lordships, That the same may pass into a Law:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed.

Gordon v. Dunn et al. Petition of Respondent Dunn to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of The Reverend Gavin Gibb Dunn, One of the Respondents in a Cause depending in this House, to which Lieutenant Colonel John Gordon is Appellant; praying, "That their Lordships will be pleased to permit him to deliver the Prints of his Case to the Clerk of the Parliaments, in order to be laid on the Table of this House:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Inverness Court House, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for erecting and maintaining a new Court House and Public Offices for the County of Inverness."

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. Wingfield and Mr. Farrer;

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

The King's Answer to Address.

The Lord Chancellor reported, "That the House did this Day wait on His Majesty with the Address of both Houses of Parliament; to which His Majesty was pleased to return the following most gracious Answer:

"My Lords, and Gentlemen,

"I thank you for this affectionate Expression of your Feelings in consequence of the Attack lately made upon My Person.

"I rely with Confidence on the Loyalty and Attachment of My People; and you may be assured of My anxious and unremitting Solicitude to ensure to them the Blessings which they enjoy under our free Constitution."

Ordered, That the said Address, together with His Majesty's most gracious Answer thereto, be forthwith printed and published.

Education, (Ireland,) Petitions against proposed Plan: (Drumgath:) Carrigallen:

Upon reading the Petition of the Parishioners of the Parish of Drumgath, in the County of Down, whose Names are thereunto subscribed:

Also, Upon reading the Petition of the Parishioners of the Parish of Carrigallen, in the County of Leitrim, whose Names are thereunto subscribed:

Kilfree:

Also, Upon reading the Petition of the Parishioners of the Parish of Kilfree, in the County of Sligo, whose Names are thereunto subscribed:

Stranorlar:

Also, Upon reading the Petition of the Parishioners of the Parish of Stranorlar, in the County of Donegal, whose Names are thereunto subscribed:

Connor:

And also, Upon reading the Petition of the Parishioners of the Parish of Connor, in the County of Antrim, whose Names are thereunto subscribed; severally praying their Lordships "to provide that all Grants of Public Money for National Education in Ireland be applied only to the Support of Systems of Instruction which are founded upon the entire Word of God, and which encourage the free and general Use of the Holy Scriptures amongst all Descriptions of Persons; and further, to provide that in the Application of such Money no unholy Compromise be made with the Church of Rome, and no Support or Countenance whatever given to those who would substitute a Part for the Whole of God's Word, or who would teach for Doctrines the Commandments of Men:"

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

Templeport.

Upon reading the Petition of the Inhabitants of the Parish of Templeport, in the County of Cavan, whose Names are thereunto subscribed; praying their Lordships "to provide that all Grants of Money for National Education in Ireland be applied only to the Support of Systems of Instruction which are founded upon the Principles of Divine Truth, and which therefore shall cause all Children able to read to have the constant, free and unrestricted Use of the Holy Scriptures in the Schools connected with them; and that the Holy Scriptures be given to the Children as the Almighty in His infinite Wisdom has given them to His Creatures:"

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

4th Report on Courts of Common Law delivered.

The Duke of Richmond laid before the House, pursuant to an Address to His Majesty of the 6th of March last,

"The Fourth Report of the Commissioners for enquiring into the Proceedings in Suits in the Superior Courts of Common Law."

And the Title thereof being read by the Clerk;

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

Ordered, That the said Report be printed.

Tithes, (Ireland,) Petitions from Naul & Castle-Lyons, &c. for Abolition of.

Upon reading the Petition of the Inhabitants of the United Parishes of Naul, Ballyboghill and Hollywood, whose Names are thereunto subscribed; praying their Lordships, "That the System of Tithes in Ireland may be entirely abolished; that the Church Lands may be resumed by the State, and leased out at a fair and reasonable Rent; that out of the Funds arising therefrom a suitable Stipend or Salary may be accorded or granted to the Ministers of the State Religion; and that the Residue of said Funds be applied to the Relief of the destitute, the helpless and forlorn:"

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

Upon reading the Petition of the Tithe Payers of the Parish of Castle-Lyons, in the Barony of Barrymoreand County of Cork, whose Names are thereunto subscribed; praying their Lordships "for the total Abolition of Tithes, a Tax which has been a great Promoter of Party Feud in Ireland, a deadly Incubus on the Energies and Industry of the People, and a fertile Source of Riot and Bloodshed:"

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

Tithes & Church Rates, (Ireland,) Petitions from Maheracloone & Castlejordan for Abolition of.

Upon reading the Petition of the Inhabitants of the Parish of Maheracloone, Ireland, whose Names are thereunto subscribed:

And also, Upon reading the Petition of the Inhabitants of the Parish of Castlejordan, in the County Meath, Ireland, whose Names are thereunto subscribed; severally praying their Lordships "for the total Abolition of Tithes and Church Rates in Ireland:"

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

Reform of Parliament, Petition from Clonmel in favor of.

Upon reading the Petition of the Inhabitants of the Borough of Clonnel, in the County of Tipperary, whose Names are thereunto subscribed; praying their Lordships "for an equally extensive Measure of Reform for Ireland as has been so happily granted to England:"

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

Zemindar of Nozeed Bill.

Ordered, That the Bill, intituled, "An Act for providing for the Discharge of a Claim in respect of Monies advanced by the late James Hodges Esquire on Security of the Lands of the late Zemindar of Nozeed and Mustaphanagur, in the District of Fort Saint George, in the East Indies, now under the Government of The Honorable the East India Company," be read the Third Time on the 6th of July next; and that the Lords be summoned.

Divisions of Counties Bill.

Ordered, That the Bill, intituled, "An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs, in England and Wales, in so far as respects the Election of Members to serve in Parliament," be read a Second Time on Friday next; and that the Lords be summoned.

London & Birmingham Railway Bill, Petitions against, referred to the Com ee.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, on behalf of themselves and others, Trustees of the Highgate and Whetstone Roads:

And also, Upon reading the Petition of the Persons whose Names are thereunto subscribed, being Mortgagees of the Tolls on the Highgate and Whetstone Roads; taking notice of a Bill depending in this House, intituled, "An Act for making a Railway from London to Birmingham;" and severally praying their Lordships, That they may be heard by themselves, their Counsel, Agents and Witnesses against so much and such Parts of the Preamble and Clauses of the said Bill as may affect them, and that the same may not pass into a Law as it now stands:"

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

Metropolis Cemetery Bill.

Ordered, That the Bill, intituled, "An Act for establishing a General Cemetery for the Interment of the Dead in the Neighbourhood of the Metropolis," be read the Third Time on Tuesday next.

Beer Act Amendment Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to explain and render more effectual the Provisions of an Act, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;"

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

Duvergier v. Fellowes, Judges to attend.

Ordered, That the Errors assigned upon the Writ of Error wherein Aimé Duvergier is Plaintiff, and William Dorset Fellowes is Defendant, be argued by Counsel at the Bar on Saturday next; and that the Judges do then attend.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum octavum diem instantis Junii, horâ decimâ Auroræ, Dominis sic decernentibus.