Journal of the House of Lords: Volume 63, 1830-1831. Originally published by His Majesty's Stationery Office, London, [n.d.].
This free content was digitised by double rekeying. All rights reserved.
'House of Lords Journal Volume 63: 25 March 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/pp372-383 [accessed 23 December 2024].
'House of Lords Journal Volume 63: 25 March 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/pp372-383.
"House of Lords Journal Volume 63: 25 March 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/pp372-383.
In this section
Die Veneris, 25° Martii 1831.
DOMINI tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lady M. Montgomerie & Sir C. Lamb v. Rundell & Co. et al. et e con:
After hearing Counsel, as well on Monday the 14th Day of this Instant March as on this Day, upon the Original Petition and Appeal of The Right Honorable Lady Mary Montgomerie and Sir Charles Lamb of Beauport, Baronet, her Husband, for his Interest; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 25th of February 1829, and also of an Interlocutor of the Lords of Session there, of the First Division, of the 12th (signed the 14th) of January 1830, in so far as they find that the Claimants named in the said Interlocutor of the 25th of February 1829 are entitled to be ranked upon the Fund in medio, for the Interest due to them upon such Debts as were constituted by Bonds or Bills, and rank and prefer the said Claimants accordingly; and in so far as they find no Expences due to the Petitioners; and praying, "That the same might be reversed, varied or amended so far as appealed from, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" and likewise upon the Cross Appeal of John Bridge, Edmund Waller Rundell and Thomas Bigge of Ludgate Hill, London, Jewellers, surviving Partners of the Firm of Rundell, Bridge and Rundell; Richard Gillow, surviving Partner of the late Firm of George and Richard Gillow of Oxford Street, Mary-le-bone, in the County of Middlesex, Upholsterers; Thomas Maltby of the City of London, Merchant; William Barclay of Leicester Square, London, Wax Bleacher, and Matthew Hollogan of London, all Creditors of the deceased Archibald Lord Montgomerie; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 25th of February 1829, in so far as his Lordship found the Petitioners only entitled to the Expences incurred by them from and since the 13th May 1825, being the Date of the Interlocutor of the Court of Session applying their Lordships Judgment, and not to the whole Expences incurred by them since the Commencement of the Cause; and also of an Interlocutor of the Lords of Session there, of the First Division, of the 12th (signed the 14th) of January 1830, in so far as their Lordships thereby recal the whole of the Proceedings respecting Expences in the Interlocutor of the Lord Ordinary, and find no Expences due to the Petitioners; and praying, "That the same might be reversed, varied or amended so far as complained of, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the joint and separate Answers of John Bridge, Edmund Haller Rundell and Thomas Bigge of Ludgate Hill, London, Jewellers, surviving Partners of the Firm of Rundell, Bridge and Rundell; Richard Gillow, surviving Partner of the late Firm of George and Richard Gillow of Oxford Street, Mary-le-bone, in the County of Middlesex, Upholsterers; Thomas Maltby of the City of London, Merchant; William Barclay of Leicester Square, London, Wax Bleacher, and Matthew Hollogan of London, all Creditors of the deceased Archibald Lord Montgomerie, put in to the said Original Appeal; and also upon the Answer of The Right Honorable Lady Mary Montgomerie and Sir Charles Lamb of Beauport, Baronet, her Husband, for his Interest, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in these Causes:
Interlocutors Affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Original and Cross Appeals be, and the same are hereby dismissed this House, and that the Interlocutors therein complained of, be, and the same are hereby Affirmed.
Mackav v. Davidson & Wilson:
After hearing Counsel for the Appellant this Day upon the amended Petition and Appeal of Flora Mackay, residing in the Island of Islay, Sister German of the deceased Major Alexander Mackay, Tacksman of Laggan, in the said Island of Islay, nearest lawful Heir served and retoured to the deceased Mrs. Elizabeth M'Kinnon Campbell, Relict of John M'Kinnon, Minister of the Gospel at Kilmodan, in the County of Argyle; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 14th Day of June 1827, in so far as it repels the Reasons of Reduction founded on the Allegation of Mental Incapacity; and also of Two Interlocutors of the said Lords, of the 17th Day of January and 14th Day of February 1828; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the joint and separate Answers of James Gillespie Davidson, Writer to the Signet, and Robert Sym Wilson, Secretary to the Royal Bank of Scotland, Trustees under the Settlement of the deceased Mrs. Elizabeth Campbell or Mackinnon of Ormaig, and Alexander Mackinnon Campbell her Grandson, put in to the said Appeal; and Counsel appearing for the said Respondents; the Counsel were directed to withdraw:
Interlocutors Affirmed.
Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House, and that the Interlocutors therein complained of, be, and the same are hereby Affirmed.
Ld. Erskine takes the Oaths.
This Day David Montagu Lord Erskine took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Trower'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 Charles Trower Esquire with Amelia Catherine Trower his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned;
Counsel were accordingly called in:
And Mr. Adam, Mr. Serjeant Spankie and Mr. Gambier appearing as Counsel on behalf of the Petitioner; and Mr. Glennie appearing as Proctor on behalf of Mrs. Trower, in the Absence of Mr. Harrison;
Mr. Adam was heard to open the Allegations of the Bill.
Then Francis Lavie was called in; and having been sworn, was examined as follows:
(By Counsel.) "Are you in the Office of Messieurs Oliverson and Company, the Attornies for the Plaintiff?"
"I am."
"Did you go over to Paris for the Purpose of serving the Order?"
"I did."
"Did you take a Copy of the Bill and other Documents with you?"
"I did."
"For the Purpose of their being served?"
"I did."
"Did you see Mrs. Trower?"
"I did."
"Did you serve her with the Bill and a Copy of the Order of this House?"
"I did, on the 15th of this Month."
"Where was she then residing?"
"She was residing at the Hotel Windsor, in the Rue de Tivoli, in Paris."
"Did you see Mr. Hodgson?"
"I did."
"Was she living in the same House with him?"
"She was in the same Room with him."
(By a Lord.) "Do you know Mrs. Trower?"
"I had seen her in this Country."
"How do you know it was Mrs. Trower?"
"She was pointed out to me as Mrs. Trower."
"By whom?"
"By a Servant who had lived in the Family; she sent me a Letter afterwards."
"Did you receive a Letter from Mrs. Trower?"
"I did."
"Do you know her Handwriting?"
"I do not."
The said Letter was delivered in.
The Witness was directed to withdraw.
Then Ross Donelly Mangles Esquire was called in; and having been sworn, was examined as follows:
(By Counsel.) "Do you know Mrs. Trower the Wife of Mr. Charles Trower of Calcutta?"
"I do."
"Do you know her Handwriting?"
"I do."
"Do you believe that to be her Handwriting? (A Letter being shewn to the Witness.)"
"I do."
"Did you ever see her write?"
"I have."
The said Letter was read as follows:
"Hotel Windsor, Rue de Rivoli 38."
"Paris, 15th March 1831.
"Sir,
"The Copy of the Bill to dissolve the Marriage of Mr. Charles Trower and myself, and the Copy of the Notice of the Order for the Second Reading of the said Bill in the House of Lords on Friday the 25th Instant, with which you have served me this Day, I request you will have the Goodness to hand over to my Solicitor, William Baker Esquire, 5 Nicholas Lane, Lombard Street, London.
"I am, Sir,
"Your obedt Servant,
"Amelia C. Trower."
"To Francis Lavie Esq. Paris."
The Witness was directed to withdraw.
Then The Reverend Doctor James Ward was called in; and having been sworn, was examined as follows:
(By Counsel.) "Were you at Calcutta, in Bengal, in the Year 1810?"
"I was."
"In what Capacity?"
"As Chaplain in the Honorable Company's Service."
"At Calcutta?"
"Yes; first Junior and afterwards Senior Chaplain."
"Do you know Mr. Charles Trower?"
"Very well."
"What is he?"
"In the Civil Service of the Company."
"Did you marry Mr. Trower?"
"I did."
"Did you know the Lady who has since become Mrs. Trower?"
"Very well."
"When did you marry them?"
"The latter End of the Year 1810."
"What was her Name previous to her Marriage?"
"Erskine; Amelia Catherine Erskine. I married them in the Year 1810; I think in December."
"According to the Rites of the Church of England?"
"According to the Rites of the Church of England."
"Did you see Mr. Trower from Time to Time subsequent to the Marriage?"
"Occasionally I did."
"Did they live together?"
"Yes."
"Had you an Opportunity of observing whether they lived happily together?"
"Very happily every Time I saw them; I never heard or saw any thing to the contrary; and I had occasionally Opportunities of seeing them, because I baptized Three of their Children."
"When did you leave Calcutta?"
"The latter End of the Year 1815."
The Witness was directed to withdraw.
Mr. Sergeant Spankie stated to the House, "That a Clerk from the India House was in Attendance to produce the Certificate of Marriage, if it was desired."
The Counsel was informed, "That this was not necessary, the Marriage being proved."
Then Mary Price was called in; and having been sworn, was examined as follows:
(By Counsel.) "Were you at Calcutta in the Year 1824?"
"I never made any Memorandum of the Year, but I believe it was."
"Do you know Mr. and Mrs. Trower?"
"Yes."
"Were you engaged by Mrs. Trower to accompany her to England?"
"Yes."
"In what Year was it that you came to England?"
"In 1825 I think we arrived; I may be mistaken in the Year."
"Did you continue with Mrs. Trower for several Years after that Time?"
"Yes."
"Where did Mrs. Trower reside in this Country?"
"Her first Residence was in Wimpole Street."
"Was she visited by any of her Husband's Family?"
"The whole, as far as I knew; all of them."
"Where did she live after she lived in Wimpole Street?"
"She removed to Welbeck Street."
"Do you know Mr. Hodgson?"
"Yes, I have seen him many Times."
"Did you ever see Mr. Hodgson there?"
"Yes, I have seen him many Times."
"Did you see Mrs. Hodgson, the Mother of Mr. Hodgson, and his Sisters?"
"Yes."
"Did Mrs. Trower visit Mrs. and the Miss Hodgsons?"
"Yes; Morning Calls."
"Had Mr. Hodgson a House near Epsom?"
"Yes."
"Do you remember being with your Mistress at Mr. Hodgson's House near Epsom?"
"Yes, we went on a Visit."
"In what Year was that?"
"I think that must be 1827; but I am not quite certain as to the Year."
"You remember, however, going there?"
"Yes."
"Do you remember afterwards Mrs. Trower going on the Continent?"
"Yes."
"In the Year 1827 do you remember your Mistress leaving her House in Welbeck Street, and going to Sittingbourne?"
"Yes."
"At what Time of the Year was that?"
"In the Month of June."
"Did you go with her?"
"I did; I accompanied her."
"At Sittingbourne did any one come to meet Mrs. Trower?"
"Mr. Hodgson joined us there."
"Where did you go from Sittingbourne?"
"To Canterbury."
"Whom did your Mistress go with?"
"With Mr. Hodgson."
"In his Carriage?"
"Yes."
"Did you follow?"
"Yes; I followed in a Post Chaise."
"With a Child of Mrs. Trower?"
"With a young Lady that I had the Charge of."
"A Child of Mrs. Trower?"
"Yes."
"What took place at Canterbury in the Evening when you arrived?"
"We slept at Canterbury."
"Where did Mrs. Trower sleep?"
"In the same Room with myself."
"In what Room in the Inn did she sleep?"
"Upon my Word I do not remember in what Room."
"Did any one sleep in the Room with her?"
"I believe Mr. Hodgson slept in the same Room that Night."
"Did you see them in that Room together?"
"I saw them in the Room together."
"Did you see Mrs. Trower the next Morning?"
"Yes."
"Did she say any thing to you upon the Subject of her Journey there?"
"She said then, that we were going on our Route to France."
"Did she say any thing about Mr. Hodgson?"
"No, not in particular."
"Did they go to France together?"
"Yes."
"Did you accompany them?"
"Yes, I did."
"In what Manner did they live on the Road?"
"They travelled as Man and Wife from that Time."
"Where did they sleep at Night; was that as Man and Wife?"
"Yes; and they passed as Man and Wife."
"By what Name did Mrs. Trower pass on this Journey?"
"She took the Name of Mrs. Hodgson from Canterbury."
(By a Lord.) "Did they sleep in the same Room?"
"Yes."
"In the same Bed?"
"Yes."
"You know that?"
"Yes."
"Have you seen your Mistress in Bed with Mr. Hodgson?"
"Yes."
"Had your Mistress told you any thing before you set out?"
"No, not a Word; but she did not conceal it from me afterwards."
"Had she never told you any thing respecting Mr. Hodgson before that?"
"No."
"Had they been very intimate before?"
"Only as visiting each other in the Family."
"Had he often called, and been alone with her in the Morning?"
"He made her Morning Calls, sometimes with Relations, and sometimes by himself."
"Did you see any thing before that Visit to Canterbury particular in his Conduct towards her?"
"Not 'till then."
"How long had they known each other?"
"I think about Ten Years."
"During those Ten Years had you never seen any Intimacy between them more than that between Persons of common Acquaintance?"
"No."
"Never any Familiarities?"
"No; never in my Sight."
"What Age is your Mistress?"
"I never heard her say that."
"Is she much younger than Mr. Trower?"
"No; I should not conceive she was so much younger."
"About what Age?"
"I should suppose about Ten Years younger than Mr. Trower."
"About what Age is she?"
"She never told me her Age."
"About what Age?"
"I cannot judge from her Looks."
"You can judge generally from her Looks?"
"I should suppose she was turned Thirty."
"Under Thirty-five?"
"I really cannot say that."
(By Counsel.) "How long did you continue with Mrs. Trower after you went Abroad with Mr. Hodgson and Mrs. Trower?"
"We went through the Country to Carlsburg, in Germany, and there we stayed, and returned to Paris, and there I left her."
(By a Lord.) "Did they go to Germany together?"
"Yes."
(By Counsel.) "Did they live in this Way as Man and Wife during the whole of the Time you remained with them?"
"Yes, all the Time."
(By a Lord.) "When you went down to Canterbury, your Mistress told you she was going out of Town?"
"Yes."
"Were you the Child's or the Mistress's Maid?"
"I attended on both."
"When you came to Sittingbourne, was Mr. Hodgson there?"
"No; he did not come for Three Days afterwards."
"During those Three Days did she say any thing?"
"She said she expected him."
"Did she say for what Purpose she expected him?"
"No."
"Did she say she was going Abroad with him?"
"No; she never assigned why she expected him, or where we were going."
"At what Time of the Day did he arrive?"
"I think about Four o'Clock in the Afternoon."
"Were you by when he came?"
"I was taking a Walk with the young Lady."
"When did you first find they were sleeping together in the same Bed?"
"The same Evening at Canterbury."
"Did you attend her when she went to Bed?"
"Yes, as usual."
"Did she then tell you Mr. Hodgson was to sleep with her?"
"Yes; she never kept it a Secret from that Time."
"When did she first tell you this very important Matter, which you seem to pass over so lightly, that Mr. Hodgson, not being her Husband, was to sleep with her in the same Bed?"
"She did not tell me at all; that was explained to me in a Note."
"Have you kept the Note?"
"No; I returned it to her, as she ordered me."
"When did you, after receiving that Note, first see her?"
"The same Evening we slept at Canterbury."
"At what Time in the Evening?"
"I cannot remember the Hour."
"Was it when she was going to Bed?"
"No; long before Bed-time."
"Did she say any thing to you about Mr. Hodgson?"
"She said I was to understand she was going Abroad, and to travel in Mr. Hodgson's Name."
"She told you that?"
"Yes."
"Did you, at the Time you saw her, know that she was going to sleep with Mr. Hodgson?"
"Not 'till Bed-time."
"You did not know 'till Bed-time whom she was to sleep with?"
"Oh dear no!"
"At Bed-time what did she tell you about this that was going on?"
"She told me nothing more."
"Did she say she was going to sleep with Mr. Hodgson?"
"I saw it at the Time that the Preparations were made."
"Did you express any Surprise to her upon this?"
"I did express my Surprise, but it was in a very few Words, for I was not to call her to Account."
"Did you express your Surprise to her upon this?"
"I expressed my Surprise; I said I thought she ought to have told me before we left London."
"Did she make any Answer?"
"The Answer she made me was a very slight Answer; I cannot recollect it now."
"Did you understand from her at that Time where Mr. Trower was?"
"I know he was in India."
"Did she say at the Time you were making the Preparations for her going to Bed, and expressed your Surprise about Mr. Hodgson, any thing about Mr. Trower?"
"Oh dear no!"
"She made no Complaint of Mr. Trower's Behaviour?"
"Oh dear no!"
"Did she say any thing in Justification of her Conduct?"
"No, not to me."
"Nor in your Presence?"
"No."
"Did Mr. Trower, so far as you saw, behave kindly to her in India?"
"Yes."
"Had they any Quarrels more than married People generally have?"
"I was with them a very short Time; I thought they appeared very affectionate."
"She threw no Blame upon Mr. Trower accompanying that Act of sleeping with Mr. Hodgson?"
"Not to me."
The Witness was directed to withdraw.
Then Ross Donelly Mangles Esquire was again called in, and further examined as follows:
(By Counsel.) "Were you ever in India?"
"I was."
"Did you know Mr. and Mrs. Trower there?"
"I did."
"In what Year did you go to India?"
"1820."
"Was Mrs. Trower living in India at that Time?"
"No, she had not then arrived; she was on her Way out from England when I arrived; she had been Home once before."
"When you say that she had been Home once before, you mean that she was on her Return from her first Visit to England in 1820?"
"Yes."
"Did you live in the House with Mr. and Mrs. Trower?"
"I did."
"For how long?"
"I do not know that I lived in the House at that Time; I lived in the House afterwards in 1823; but I was a constant Visitor in the House, and was very much in the House."
"Did you continue to live on Terms of Intimacy with Mr. and Mrs. Trower 'till she left India again?"
"Yes, I did."
"Had you an Opportunity of seeing the Terms on which they lived together?"
"Yes."
"What Sort of Terms were they?"
"Most affectionate."
"Do you remember Mrs. Trower leaving India again?"
"I do."
"What was the Cause?"
"The State of her Health."
"Had she any Children during that Residence in India?"
"Yes."
"Did she bring those Children with her to England?"
"Yes."
"What Situation did Mr. Trower occupy at that Time?"
"Collector of a District; the 24 Pergunnahs."
"Could he accompany her without giving up his Situation?"
"He could not."
"Are you acquainted with his Affairs so as to say whether he could have given up that Situation without Injury?"
"He could not without absolute Ruin. I collect that he is a Person who has not realized a Fortune yet. He was in embarrassed Circumstances, and his only Means were his Official Salary, which he must have given up if he had accompanied her to England."
"Do you know in what Ship she came Home?"
"I think it was the Neptune, Captain Cumberland."
"Did you see the Accommodation Mr. Trower had provided for her?"
"I did not."
"Did Mr. Trower leave Calcutta and go down to the Ship with her?"
"Yes."
"Was it a Matter of Necessity her leaving India at that Time?"
"The Medical Man said so; and I believe she would have died if she had stayed."
"How long did you continue to reside in India?"
"'Till the Beginning of 1828."
"Did your Intimacy with Mr. Trower continue after Mrs. Trower came to England?"
"Yes."
"Had you Occasion to know whether a Correspondence by Letter was kept up between Mr. and Mrs. Trower?"
"I had."
"Did you ever see him receive Letters that purported to come from her?"
"I did."
"Did you ever hear him express Satisfaction?"
"Very much. I have seen Letters of extreme Length from her, and he has read Passages to me expressive of great Affection.
"Where did you find Mrs. Trower when you came to this Country in 1828?"
"I never found her at all. I saw her once on Epsom Race-course."
"You remained in India 'till 1828?"
"Yes."
"Intimate with Mr. Trower up to that Time?"
"Yes."
"Had Mrs. Trower ever returned to India?"
"No."
"You must have known that?"
"I was living in the House with him. I left in January 1828."
"Do you happen to know the Provision Mr. Trower made for his Lady in this Country?"
"I know it merely from Mr. Trower."
(By a Lord.) "You do not know it from her?"
"No, I do not."
"Do you know of any Arrangement made by Mr. Trower before his Wife left him, to enable her to draw Money?"
"No. I believe she was never in Want of Money."
"In what Department are you?"
"I am a Civilian in the Company's Service."
The Witness was directed to withdraw.
Then George Brayne was called in; and having been sworn, was examined as follows:
(By Counsel.) "Are you a Clerk in the House of Messieurs Palmer, Mc Killop and Company?"
"I am."
"They are East India Agents?"
"Yes."
"Do you know Mrs. Trower?"
"I do not know her personally."
"Do you know whether Mr. Trower made any Arrangements through your House for paying Money to his Wife then in England?"
"Yes, he did."
"Were Sums paid to the Account of that Provision?"
"Yes."
"What was about the Average Rate of the Allowance he made to her?"
"It was left unlimited; she had unlimited Command over his Funds."
"To what Amount did she draw?"
"It was One Year £1,100, and another Year £1,600, just as she chose to draw."
"In June 1827 had she a Power of drawing Money from your House?"
"Yes; I think she drew in 1827 for £1,100."
"She ceased drawing Money from your House in June?"
"Yes."
(By a Lord.) "Did she ever complain of the Want of pecuniary Means?"
"Not that I am aware of; she could not, for she had an unlimited Command over her Husband's Funds."
"Did that bear a due Proportion to his Means?"
"I should conceive so, from what I knew of Mr. Trower's Circumstances."
"Was he embarrassed?"
"I have heard so, but I do not know that of my own Knowledge."
The Witness was directed to withdraw.
Then Charles Field was called in; and having been sworn, was examined as follows:
(By Counsel.) "Were you Butler in the Service of Mr. Hodgson?"
"I was."
"How many Years were you in his Service?"
"Nearly Nine Years."
"When did you leave his Service?"
"I left his Service in 1828; in the latter Part of it."
(By a Lord.) "What is Mr. Hodgson?"
"He is a Brewer."
"Where does he live?"
"His House is at Clarence Lodge, Roehampton."
"Is that the Gentleman who was in Parliament?"
"Yes; Member for Barnstaple, in the North of Devon."
"His Beer went chiefly to the East Indies?"
"Yes."
(By Counsel.) "Do you remember, in 1827, Mr. Hodgson being Abroad?"
"I do."
"Do you recollect his coming Home?"
"I do."
"At what Time of the Year did he come Home?"
"He returned in February 1828."
"Did anybody accompany him?"
"Yes."
"Who accompanied him?"
"Mrs. Charles Trower."
"Had you known Mrs. Trower before that Time?"
"Yes, I had."
"By what Name did she pass when she came over with Mr. Hodgson?"
"By his Request she passed as Mrs. Hodgson."
"Where did they come to?"
"They came to St. James's Place, 15; his Town House."
"Did Mrs. Trower remain there?"
"She did."
"Did she live with Mr. Hodgson until you left his Service?"
"She did."
"When did you leave his Service?"
"I left it the latter End of 1828."
"Have you been to Mr. Hodgson's House from Time to Time since?"
"Continually, up to October last."
"Have you seen Mrs. Trower there?"
"I have."
The Witness was directed to withdraw.
Then Daniel Lay junior was called in; and having been sworn, was examined as follows:
(By Counsel.) "Do you produce a Judgment in the Common Pleas?"
"I do; in the Cause of Trower against Hodgson."
"Did you examine it with the Record?"
"I did."
"Is it a true Copy?"
"It is."
"The Judgment is for the Recovery of £1,500 Damages?"
"Yes."
"Do you know whether those Damages have been paid?"
"They have been."
"And the Costs?"
"They have."
The same was delivered in and read, being an Office Copy of a Record of a Judgment in the Court of Common Pleas, in Hilary Term in the First Year of the Reign of His present Majesty, in an Action by Charles Trower against Frederick Hodgson, for Trespass, Assault and Criminal Conversation with Amelia Catherine, the Wife of the said Charles Trower, for £1,500 Damages, besides Costs of Suit.
(By a Lord.) "Did you receive the Damages?"
"Yes."
"From whom did you receive them?"
"From Mr. Baker, the Attorney for the Defendant."
"He was Solicitor for the Defendant in that Case?"
"Yes."
"He paid the Damages and Costs?"
"Yes."
"To whom did you pay them over?"
"It was paid into our Bankers, to the Account of Messieurs Oliverson, Denby and Lavie."
"You paid it to the Account of your Employers?"
"To the Account of our House; I am Clerk in the Office of Mr. Oliverson."
"Did you pay it in to Mr. Trower's Account?"
"It was paid to the Bankers on account of our House."
"Do you account for it to Mr. Trower?"
"We shall do."
"How does it happen not to have been paid to Mr. Trower's Account; an Attorney does not keep £1,500 to pay Costs?"
"Mr. Lavie will explain that."
The Witness was directed to withdraw.
Then Germain Lavie Esquire was called in; and having been sworn, was examined as follows:
(By a Lord.) "What has become of the Money?"
"It lies at our Bankers."
"To the Credit of your Account?"
"Yes."
"Does Mr. Trower owe you Money to that Amount?"
"He owes us Money to some Amount."
"Nearly to that Amount?"
"No."
"How is it is not paid over?"
"He gave a Power of Attorney to a Gentleman, but that Gentleman has not called for it."
"You keep it at his Disposal?"
"Yes."
"After this Bill has been passed, what shall you do?"
"I shall deduct my Expences, and pay over the Difference to Mr. Trower's Agents, the Gentlemen acting under his Power of Attorney."
"Did any Communication pass between you and Mr. Baker, or between your House and Mr. Baker, with respect to this Money, further than receiving the Money?"
"No, I think not; not to my Knowledge. Mr. Baker sent me a Cheque, which I received myself through Mr. Daniel Lay. It was received at Two different Times, a £1,000 and £500."
"There is no Understanding of returning it?"
"No, not the slightest."
"Nor any Understanding on any Part of the Proceedings?"
"No."
"Was the Case a hostile Case?"
"Yes, it proceeded in the usual Way, hostilely."
"There was Counsel attending?"
"Yes; Mr. Serjeant Spankie, and Mr. Adolphus on the other Side."
"Mr. Adolphus did not call Witnesses?"
"No."
"Did he address the Jury?"
"Yes, at great Length."
The Witness was directed to withdraw.
Mr. Adam stated, "That he had further Evidence, but that he did not feel it necessary to produce it."
The Counsel were directed to withdraw.
Attendance of the Petitioner dispensed with:
Then it was moved, "That the Petition of Germain Lavie of Frederick's Place, in the City of London, Gentleman, Agent for Charles Trower Esquire, presented to the House on the 16th Day of this instant March, praying, "That their Lordships will be pleased to dispense with the Attendance of the said Charles Trower upon the Second Reading of the said Bill, the said Charles Trower being resident at Calcutta, in the East Indies," be now read."
The same was accordingly read by the Clerk.
Ordered, That the Attendance of the said Charles Trower on the Second Reading of the said Bill be dispensed with, as desired.
Bill read 2 a, & committed.
Then the said Bill was read a Second Time.
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee upon the said Bill on Monday next.
Colvin et al. v. Newberry & Benson, Defendants Petition for Time for their Case, referred to Appeal Com ee.
Upon reading the Petition of Nicholas Newberry and Thomas Starling Benson, Defendants in a Writ of Error depending in this House, wherein David Colvin, and others, are Plaintiffs, praying, "That their Lordships will be pleased to order that the Petitioners may have until the 14th Day of April next for delivering the Prints of their Case to the Clerk of the Parliaments:"
It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.
North Level Drainage Bill.
The Earl of Hardwicke reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend an Act passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act for improving the Drainage of the Lands lying in the North Level, Part of the Great Level of the Fens called Bedford Level and in Great Portsand, in the Manor of Crowland, and for providing a Navigation between Clows Cross and the Nene Outfall Cut," 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."
The King's Answer to Addresses.
The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Addresses of Friday last; and that His Majesty was pleased to receive the same very graciously, and to say, He would give Directions accordingly."
Reform of Parliament, Petitions in favor of (Ipswich:) County of Roxburgh:
Upon reading the Petition of the Inhabitants of the Town and Borough of Ipswich, in the County of Suffolk, whose Names are thereunto subscribed:
Also, Upon reading the Petition of the Freeholders, Justices of Peace, Commissioners of Supply and Heritors of the County of Roxburgh, whose Names are thereunto subscribed:
Brampton Walton:
Also, Upon reading the Petition of the Gentry, Tradesmen and other Inhabitants of the Chapelry of Brampton and the adjoining Hamlet of Walton, in the County of Derby, whose Names are thereunto subscribed:
Clapham:
Also, Upon reading the Petition of the Churchwardens, Overseers and Inhabitant Householders of the Parish of Clapham, in the County of Surrey, whose Names are thereunto subscribed:
Incorporation of Bakers, Dunfermline:
Also, Upon reading the Petition of the Members of the Incorporation of Bakers of the Burgh of Dunfermline, Scotland, whose Names are thereunto subscribed:
Kilbirnie:
Also, Upon reading the Petition of the Inhabitants of Kilbirnie, Ayrshire, Scotland, whose Names are thereunto subscribed:
Hailsham:
Also, Upon reading the Petition of the Inhabitants of the Town and Parish of Hailsham, in the County of Sussex, whose Names are thereunto subscribed:
Hamilton:
Also, Upon reading the Petition of the Inhabitants of the Town or Burgh of Hamilton, Lanarkshire, whose Names are thereunto subscribed:
Hounslow:
Also, Upon reading the Petition of the Inhabitants of the Town of Hounslow, in the County of Middlesex, whose Names are thereunto subscribed:
Aughagour:
And also, Upon reading the Petition of the Inhabitants of the Parish of Aughagour, County of Mayo, whose Names are thereunto subscribed; severally praying their Lordships, "That the Measure for a Reform in the Representation of the People in the Commons House of Parliament, proposed by His Majesty's Ministers, may pass into a Law:"
It is Ordered, That the said Petitions do lie on the Table.
Counties of York;
A Petition of the Freeholders and Inhabitants of the County of York was presented and read; praying, That their Lordships will pass the Bills introduced into the House of Commons by His Majesty's Ministers for amending the Representation of the People:"
Ordered, That the said Petition be received as the Petition of "W. Gascoigne acting for the High Sheriff in his Absence by Illness," and "James Russell, Undersheriff," who only have signed it.
of Devon;
A Petition of the Freeholders, Leaseholders and Copyholders paying Rates and Taxes, in the County of Devon, was presented and read; praying their Lordships "to give their Sanction to the Measure of Reform proposed by His Majesty's Ministers:"
Ordered, That the said Petition be received as the Petition of Sir Bourchier Palk Wrey Baronet, Sheriff of the County of Devon, who only has signed it.
and of Derby:
Upon reading the Petition of the Nobility, Gentry, Clergy, Freeholders and Inhabitants of the County of Derby, whose Names are thereunto subscribed; praying, "That their Lordships will calmly and dispassionately enter upon the Consideration of the State of the Representation of the People in the House of Commons, in its every Detail, and use the utmost of their Wisdom and Power to complete a Law whereby the Third Estate of the Realm, the Commons of England, shall be represented in Parliament in a full, satisfactory and effective Form:"
It is Ordered, That the said Petition do lie on the Table.
Youghal:
Upon reading the Petition of the Inhabitants of the Town and Vicinity of Youghal, whose Names are thereunto subscribed; praying their Lordships "to suffer the Bill which wisely reforms whatever has been found by Experience to be defective in the Representative System to pass into a Law, by which not only the most dreadful Calamities which its Rejection might create will be averted, but individual Happiness secured, and the general Prosperity of the Empire promoted:"
It is Ordered, That the said Petition do lie on the Table.
Miles Platting, Manchester:
Upon reading the Petition of the Inhabitants of Miles Platting, a Suburb of Manchester, whose Names are thereunto subscribed; praying their Lordships, "That the Measures of Parliamentary Reform proposed by His Majesty's Ministers may pass into a Law, unimpaired by any Concessions to Parties interested in the Support of existing Abuses:"
It is Ordered, That the said Petition do lie on the Table.
Tuam:
Upon reading the Petition of the Sovereign, Burgesses and Commonalty of the ancient and loyal Borough of Tuam, under their Common Seal; praying their Lordships for the Extension of the Elective Franchise in, and an Increase of the Number of Representatives of, the Province of Connaught and the County of Galway; and that their Lordships will give to the ancient and loyal Archiepiscopal City of Tuam the Right of returning One Member to the Imperial Parliament:"
It is Ordered, That the said Petition do lie on the Table.
Glamorganshire:
A Petition of the Freeholders of Glamorganshire was presented and read; praying their Lordships, "That the Measure for the Reform of the House of Commons, which fully satisfies the Wishes of the People without endangering the Stability of any of the other Institutions of the State, may be passed into a Law:"
Ordered, That the said Petition be received as the Petition of "Richard Hoare Jenkins Sheriff," who only has signed it.
J. Campbell.
Upon reading the Petition of John Campbell, residing in Hamilton Street of Greenock; praying their Lordships "to disabuse themselves of all Prejudices against the proposed Reform in the Representation of the People in the Commons House of Parliament, a Measure of so healing and conciliatory a Character, and to pass the same into a Law:"
It is Ordered, That the said Petition do lie on the Table.
Greenwich Hospital, Petition of Trustees of Merchant Seamén's Fund, Poole, against contributing to.
Upon reading the Petition of the Trustees of the Merchant Seamen's Fund, whose Names are thereunto subscribed, in the Name and on behalf of the Seamen at the Port of Poole; praying their Lordships "either to relieve them from the Contribution towards the Support of Greenwich Hospital, from which they will never derive any Benefit, or to allow the said Contribution in future to be applied to the Merchant Seamen's Fund at this Port, from which they will, when incapacitated from Infirmity or old Age, receive the Advantage of their Industry in early Life:"
It is Ordered, That the said Petition do lie on the Table.
Loughborough Road Bill.
A Message was brought from the House of Commons, by Mr. Mundy and others;
With a Bill, intituled, "An Act for more effectually repairing, widening and otherwise improving the Road from the South-east End of the Town of Loughborough, in the County of Leicester, commencing at South Field Lane, to the South End of Cavendish Bridge, in the same County;" to which they desire the Concurrence of this House.
Doncaster Road Bill.
A Message was brought from the House of Commons, by Sir John Johnstone and others;
With a Bill, intituled, "An Act for repairing and improving the Road from Doncaster, through Ferrybridge, to the South Side of Tadcaster Cross, in the County of York;" to which they desire the Concurrence of this House.
Milverton Inclosure Bill.
A Message was brought from the House of Commons, by Mr. Sandford and others;
With a Bill, intituled, "An Act for inclosing Lands in the Parish of Milverton, in the County of Somerset;" to which they desire the Concurrence of this House.
Middlesex County Rates Bill.
A Message was brought from the House of Commons, by Mr. Byng and others;
With a Bill, intituled, "An Act to alter and amend the several Acts now in force for the assessing, collecting and levying of County Rates, so far as the same relate to the County of Middlesex;" to which they desire the Concurrence of this House.
Enfield Chase Road Bill.
A Message was brought from the House of Commons, by Mr. Byng and others;
With a Bill, intituled, "An Act for maintaining the Road from Enfield Chase, in the County of Middlesex, to Lemsford Mill, in the County of Hertford;" to which they desire the Concurrence of this House.
Titchfield Road Bill.
A Message was brought from the House of Commons, by Mr. Mundy and others;
With a Bill, intituled, "An Act for maintaining and improving the Road from Titchfield to Cosham, in the County of Southampton;" to which they desire the Concurrence of this House.
The said Six Bills were, severally, read the First Time.
Papers delivered:
The House being informed, "That Mr. Charles Crafer, from the Treasury, attended;"
He was called in; and delivered at the Bar, pursuant to the Directions of several Acts of Parliament,
Annual Finance Accounts:
"An Account of the Ordinary Revenues and Extraordinary Resources constituting the Public Income of the United Kingdom of Great Britain and Ireland, for the Year ended 5th January 1831:"
Also, "An Account of the Ordinary Revenues and Extraordinary Resources constituting the Public Income of Great Britain, for the Year ended 5th January 1831:"
Also, "An Account of the Ordinary Revenues and Extraordinary Resources constituting the Public Income of Ireland, for the Year ended 5th January 1831:"
Also, "An Account of the Total Income of the Revenue of Great Britain and Ireland in the Year ended 5th January 1831, after deducting the Repayments, Allowances, Discounts, Drawbacks, and Bounties of the nature of Drawbacks; together with an Account of the Public Expenditure of the United Kingdom, exclusive of the Sums applied to the Reduction of the National Debt, within the same Period:"
Also, "An Account of the Net Public Income of the United Kingdom of Great Britain and Ireland in the Year ended 5th January 1831, after abating the Expenditure thereout defrayed by the several Revenue Departments; and of the actual Issues or Payments within the same Period, exclusive of the Sums applied to the Redemption of Funded Debt, or for paying off Unfunded Debt; and of the Advances and Repayments for Local Works, &c:"
Also, "An Account of the Balance of Public Money remaining in the Exchequer on the 5th January 1830; the Amount of Money raised by Additions to the Funded or Unfunded Debt in the Year ended 5th January 1831; the Money applied towards the Redemption of the Funded or for paying off the Unfunded Debt; the Total Amount of Advances and Repayments on account of Local Works, &c., with the Difference accruing thereon; and the Balances in the Exchequer on 5th January 1831:"
Also, "An Account of the Income of the Consolidated Fund arising in the United Kingdom in the Year ended 5th January 1831; and also of the actual Payments on account of the Consolidated Fund within the same Period:"
Also, "An Account of Money applicable to the Payment of the Consolidated Fund of the United Kingdom in the Year ended 5th January 1831, and of the several Charges which have become due thereon in the same Year, including the Amount of Exchequer Bills charged upon the said Fund at the Commencement and Termination of the Year; with several Appendices:"
Also, "An Account of the actual Receipt and Expenditure of the Sums placed in the Hands of the Commissioners for the Reduction of the National Debt, Year ended 5th January 1831:"
Also, "An Account of the Total Amount of the Unredeemed Funded Debt, and of the Charge thereof, at the 5th January 1830; of the Debt and Charge thereof created in the Year ended 5th January 1831; of the Debt and Charge thereof reduced in the Course of that Year; and of the Total Amount of the Unredeemed Debt and Charge as it stood on the 5th January 1831:"
Also, "An Account of the State of the Public Funded Debt of Great Britain and Ireland, and of the Charge thereupon, at 5th January 1831:"
Also, "An Account of the Unfunded Debt of Great Britain and Ireland, and of the Demands outstanding, on the 5th January 1831, distinguished under the following Heads; vizt. Exchequer Bills; Sums remaining unpaid charged upon the Aids granted by Parliament; Advances out of the Consolidated Fund in Ireland towards the Supplies, and Exchequer Bills to be issued on the Consolidated Fund; and distinguishing also such Part of the Unfunded Debt and Demands as have been provided for by Parliament; together with an Account of the Ways and Means remaining in the Exchequer, or to be received, on the 5th January 1831, to defray such Part of the Unfunded Debt and Demands outstanding as have been provided for; with several Appendices:"
Also, "An Account shewing how the Monies given for the Service of the United Kingdom of Great Britain and Ireland for the Year 1830 have been disposed of, distinguished under their several Heads, to 5th January 1831:"
Also, "An Account of the Total Amount of Current Balances in the Hands of the respective Collectors, and Arrears of Balances of late Collectors of the Customs, on the 5th January 1831:"
Also, "An Account of the Total Amount of the Arrears and Current Balances due on the 5th January 1831 from the Officers of Excise, from the 5th January 1774, so far as the same can be made up:"
Also, "An Account of the Total Amount of Arrears due on the 5th of January 1831 from Distributors of Stamps:"
Also, "An Account of the Total Amount of the Arrears and Current Balances due on the 5th of January 1831 from the Receivers General of the Land and Assessed Taxes, from the 5th of January 1790, so far as the same can be made up:"
Also, "An Account of Balances due from Postmasters and Deputy Postmasters on the 5th of January 1831:"
Also, "An Account of the Total Amount of the Arrears and Current Balances due on the 5th of January 1831 from the several Persons employed in receiving or collecting the Land Revenue of the Crown in England and Wales, from the 5th Day of January 1774:"
Also, "A Return of the Arrears and Balances due from Public Accountants on the 5th Day of January 1831:"
Also, "A List of the Accounts delivered into the Office of the Comptrollers of the Accounts of the Army, from the 5th January 1793, whereon any Balances appear to be now owing to or from the Public on the 5th January 1831:"
Additions to the Public Debt:
Also, "An Account of all Additions which have been made to the Annual Charge of the Public Debt by the Interest of any Loan that hath been made or Annuities created subsequent to the passing an Act, 27 Geo. 3. c. 13; and also shewing how the Charge incurred in respect of the same has been provided for, in the Year ended 5th January 1831:"
17th Report of Com rs of Roads & Bridges in Scotland.
And also "The Seventeenth Report of the Commissioners for the Repair of Roads and Bridges in the Highlands of Scotland."
And then he withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Papers do lie on the Table.
Papers from Ireland delivered:
The House being informed, "That Mr. Johnson, from the Office of the Chief Secretary for Ireland, attended;"
He was called in; and delivered at the Bar, pursuant to Orders of the 16th Day of December last,
Tithe Compositions:
"A Return of all Parishes in Ireland in which Tithe Compositions have been made, in pursuance of an Act passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act to provide for the establishing of Composition for Tithes in Ireland for a limited Time;" specifying the Amount of each such Composition, and whether the Whole, or, if not, what Portions thereof are payable to the Incumbent or to an Impropriator, or to any other Person or Persons, or Body Politic, Corporate or Collegiate, or Corporation Aggregate or Sole:"
Special Vestries:
And also, "Returns of all Parishes in Ireland in which Special Vestries have been held, in pursuance of an Act passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, intituled, "An Act for the establishing of Compositions for Tithes in Ireland for a limited Time," and in which no Compositions have been made; specifying whether the Whole, or, if not, what Portions of the Tithes of such Parishes are payable to the Incumbents or to an Impropriator, or to any other Person or Persons, or Body Politic, Corporate or Collegiate, or Corporation Aggregate or Sole."
Mr. Johnson also delivered at the Bar, pursuant to the Directions of several Acts of Parliament,
6th Report of Com rs of Roads & Bridges:
"The Sixth Report of the Commissioners appointed under the Act 6 Geo. 4. Chap. 101, to provide for the repairing, maintaining and keeping in Repair certain Roads and Bridges in Ireland:"
Grand Jury Presentments:
Also, "Accounts of Presentments made by the Grand Juries of the several Counties, Cities and Towns in Ireland, in the Year 1830:"
Committals to Gaols.
And also, "Returns from the Clerks of the Crown and Clerks of the Peace of the several Counties, &c. in Ireland, of the Number of Persons committed to the different Gaols thereof, for Trial, in the Year 1830."
And then he withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Papers do lie on the Table.
Annual Trade & Navigation Accounts delivered.
The House being informed, "That Mr. Irving, Inspector General of the Imports and Exports of Great Britain, attended;"
He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,
"An Account of the Value of the Imports into and of the Exports from the United Kingdom of Great Britain and Ireland during each of the Three Years ending the 5th January 1831, calculated at the Official Rates of Valuation; and distinguishing the Amount of the Produce and Manufactures of the United Kingdom exported, from the Value of Foreign and Colonial Merchandize exported; also, stating the Amount of the Produce and Manufactures of the United Kingdom exported therefrom, according to the Real or Declared Value thereof:"
Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, that were built and registered in the several Ports of the British Empire in the Years ending 5th January 1829, 1830 and 1831 respectively:"
Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys usually employed in navigating the same, that belonged to the several Ports of the British Empire on the 31st December 1828, 1829 and 1830 respectively:"
Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys employed in navigating the same, (including their repeated Voyages,) that entered Inwards and cleared Outwards at the several Ports of the United Kingdom, from and to Foreign Parts, during each of the Three Years ending 5th January 1831:"
Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, that were built and registered in the several Ports of the British Empire (except Ireland) in the Years ending 5th January 1829, 1830 and 1831 respectively:"
Also, "An Account of the Number of Vessels, with the Amount of their Tonnage and the Number of Men and Boys usually employed in navigating the same, that belonged to the several Ports of the British Empire (except Ireland) on the 31st December 1828, 1829 and 1830 respectively:"
Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys employed in navigating the same, (including their repeated Voyages,) that entered Inwards and cleared Outwards at the several Ports of Great Britain, from and to all Parts of the World, during each of the Three Years ending 5th January 1831; also shewing the Number and Tonnage of Shipping entered Inwards and cleared Outwards during the same Period, (exclusive of the Intercourse with Ireland:)"
Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, that were built and registered in the several Ports of Ireland in the Years ending 5th January 1829, 1830 and 1831 respectively:'
Also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys usually employed in navigating the same, that belonged to the several Ports of Ireland on the 31st December 1828, 1829 and 1830 respectively:"
And also, "An Account of the Number of Vessels, with the Amount of their Tonnage, and the Number of Men and Boys employed in navigating the same, (including their repeated Voyages,) that entered Inwards and cleared Outwards at the several Ports of Ireland, from and to all Parts of the World, during each of the Three Years ending 5th January 1831; also shewing the Number and Tonnage of Shipping entered Inwards and cleared Outwards during the same Period, (exclusive of the Intercourse with Great Britain.)"
And then he withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Accounts do lie on the Table.
Lords summoned.
Ordered, That all the Lords be summoned to attend the Service of the House on Monday next.
Assessed Taxes, Petition from Rothwell for Repeal of.
Upon reading the Petition of the Inhabitants of the Township of Rothwell, in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "for the immediate Repeal of the whole of the Assessed Taxes, as a Measure calculated to give great and permanent Relief to the Country:"
It is Ordered, That the said Petition do lie on the Table.
Tithe System, Petitions for Revision of: (Cadoxton juxta Neath:)
Upon reading the Petition of the Owners and Occupiers of Farms and Lands within the Parish of Cadoxton juxta Neath, in the County of Glamorgan, whose Names are thereunto subscribed; praying their Lordships, "That the present System of Laws respecting Tithes may be taken into Consideration for the Purpose of enacting some reasonable Period beyond which the Validity of Moduses or customary Payments in lieu of Tithes shall not be questioned, and thereby the Petitioners, and others similarly situated, may be protected in the Possession of their Property, and relieved from a Series of oppressive Litigation and Expence:"
It is Ordered, That the said Petition do lie on the Table.
Barnsley:
Upon reading the Petition of the Farmers in the Neighbourhood of Barnsley whose Names are thereunto subscribed; praying their Lordships, "That a Bill concerning Tithes be submitted to the Consideration of this House to the following Purport; vizt. That instead of the Occupier of Land being obliged to prove his Exemption from Tithes, the Tithe Owner claiming Tithes shall prove his Right to them by shewing Payment within the last Thirty Years from the 1st of January 1831: That all Moduses and customary Payments paid, either by the Acre or in One Sum, for Lands, (which Payments have been made without Increase for Thirty Years past,) shall form a valid Right to Exemption, without the Occupier being bound to shew the Origin of such Moduses or customary Payments: That all Tithes shall be abolished by an equitable Commutation for a Corn Rent, the Money Payment for which shall vary with the Average Price of Corn every Fourteen Years, in the Manner usually adopted in Inclosure Acts: That several Arbitrators competent to value Tithes shall be appointed by the Quarter Sessions, from whom the Tithe Owner and the Land Owner shall be obliged to select each of them One, and another of these Arbitrators shall be appointed by the Quarter Sessions as Umpire, if the Two appointed by the Parties in any Case do not agree: That in valuing Land for Exemption from Tithes, the Arbitrators shall be limited to the Value in their Judgment; 1st, of One Tenth of the Produce of the Land in its State unimproved by draining done within Seven Years previous to the 1st of January 1831; and 2d, of One Tenth of the natural Produce of it, arising without the Aid of Bone, Manure, Rape-dust, and other Manure not made from the Crops of the Land itself:"
It is Ordered, That the said Petition do lie on the Table.
Monkleigh.
Upon reading the Petition of the Yeomanry and Occupiers of Farms and Lands in the Parish of Monkleigh, in the County of Devon, whose Names are thereunto subscribed; praying their Lordships "to take into Consideration the obnoxious and oppressive Operation of the Tithe Laws; and since the Legislature, as well as His Majesty's present liberal Government, are directing their Attention to the Reform of Abuses and the Alleviation of the Burthens which press heavily on the People, that their Lordships will adopt an equitable System for the general Commutation of Tithes, to be fixed by the Rent or Annual Value of Lands, in accordance with the unanimous Wishes and Prayers of His Majesty's faithful Subjects:"
It is Ordered, That the said Petition do lie on the Table.
Bathgate Road Bill.
The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually making and repairing the Road from the new Bridge over the Water of Almond, on the Confines of the Counties of Edinburgh and Linlithgow, to Bailliestown, in the County of Lanark, and certain Branch Roads connected therewith," 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."
Redhouse & Weeland Road Bill.
The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for improving the Road from the Redhouse, near Doncaster, to the South Side of Wakefield Bridge, and from Wakefield to Pontefract, and from thence to Weeland, and from Pontefract to Wentbridge, all in the West Riding of the County of York," was committed.
Bromley Road Bill.
The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and maintaining the Road leading from the High Road between Bromley and Farnborough, in the County of Kent, to Beggars Bush, in the Turnpike Road leading from Tonbridge Wells to Maresfield, in the County of Sussex," was committed.
Liscard Church Bill.
The Earl of Shaftesbury also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for building a Church or Chapel, with a Cemetery to the same, in the Township of Liscard, in the Parish of Wallasey, in the County Palatine of Chester," was committed.
Union between Great Britain & Ireland, Petition of Apprentice Boys of Derry against Repeal of.
Upon reading the Petition of the Apprentice Boys of Derry, whose Names are thereunto subscribed; praying, "That their Lordships will at once put down the daring Attempt to dismember the Empire, by a firm Declaration of the unalterable Nature of the Compact subsisting between Great Britain and Ireland; and pass such Laws as in their Wisdom will seem fit to check the Progress of the Revolutionary Faction which demoralizes and degrades Ireland:"
It is Ordered, That the said Petition do lie on the Table.
Poor & Tithe Laws, Petition from South Hams & Teignbridge Districts for Revision of.
Upon reading the Petition of the Members of the Agricultural Associations of the South Hams and Teignbridge Districts, in the County of Devon, whose Names are thereunto subscribed; praying their Lordships "to alter and amend the Poor Laws, so as to entirely separate the Relief granted to the unfortunate and afflicted from any Provision that may be necessary for the Employment of Surplus Labour; and that such Surplus Labour may be provided for from other Sources as well as the Lands, and not exclusively from the latter, as is the Case at present; and that their Lordships will be pleased to take the present Tithe System into their immediate Consideration, in order to revise the same, consistently with a due Regard to the first Claims of existing Interests; and that they will also be pleased to abolish the taking of Tithes in Kind, as well as the Jurisdiction of the Ecclesiastical Court over every Species of Property:"
It is Ordered, That the said Petition do lie on the Table.
Union between Great Britain & Ireland, Petition from Macroom for Repeal of.
Upon reading the Petition of the Inhabitants of the Parish of Macroom, in the County of Cork, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to repeal the Act for the Union of Great Britain and Ireland:"
It is Ordered, That the said Petition do lie on the Table.
Distress, Petition from Aughagour respecting.
Upon reading the Petition of the Inhabitants of the Parish of Aughagour, County of Mayo, whose Names are thereunto subscribed; praying their Lordships "to devise such Means as will afford the Petitioners Relief from the appalling Distress which prevails in this Parish, which is chiefly attributable to the Inclemency of the last Summer, which caused the great Failure of the Potatoe Crop, and ruined the Corn Crop:"
It is Ordered, That the said Petition do lie on the Table.
Education, (Ireland,) Petition from Cappoquin for regulating Grants for.
Upon reading the Petition of the Roman Catholic Clergy and Laity of the Town of Cappoquin and its Neighbourhood, in the County of Waterford, whose Names are thereunto subscribed; praying their Lordships, "That all Grants for Education in Ireland may be withdrawn from all Societies requiring by their Rules certain Observances of a Religious Nature, at variance with the Principles of the major Part of the Community; first, because their Acts are totally at variance with the Intentions of the Legislature in making such Grants to a Sect; secondly, because their Acts tend to keep up Religious Discord in this Country; and thirdly, because they monopolize the Public Money, and, instead of benefiting the Public, tend to paralyze the Efforts of many well-meaning Individuals, who are anxious to assist in the Education of the People:"
It is Ordered, That the said Petition do lie on the Table.
Colonial Trade Bill.
Ordered, That the Bill, intituled, "An Act to amend an Act of the Sixth Year of His late Majesty, to regulate the Trade of the British Possessions Abroad," be read a Second Time on Monday next.
Coventry & Stoney Stanton Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making and maintaining a Turnpike Road from the City of Coventry to Stoney Stanton, in the County of Leicester, to unite with the present Turnpike Road there leading through Narborough to the Borough of Leicester."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Coventry & Over Whitacre Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road from the City of Coventry to Over Whitacre, in the County of Warwick."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Horley Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually repairing and maintaining the Road over Horley Common, in the County of Surrey, to a Place called Black Corner, and from thence to the Brighthelmston Turnpike Road at Cuckfield, in the County of Sussex."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Herne Bay Pier Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making and maintaining a Pier or Jetty, and other Works, at Herne Bay, in the Parish of Herne, in the County of Kent."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H.C. that the Lords have agreed to the 4 preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Trower and Mr. Martin;
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Indigent Blind School Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enlarge the Powers of an Act passed in the Seventh Year of the Reign of His late Majesty King George the Fourth, for establishing and well-governing the Institution called "The School for the Indigent Blind," and for incorporating the Subscribers thereto, and the better enabling them to carry on their charitable and useful Designs."
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was resolved in the Affirmative.
Message to H.C. with an Amendment to it.
A Message was sent to the House of Commons, by the former Messengers;
To return the said Bill, and acquaint them, That the Lords have agreed to the same, with One Amendment, to which their Lordships desire their Concurrence.
Norwich & Yarmouth Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road from Bishopsgate Bridge, in the City of Norwich, to the Caister Causeway, in the County of Norfolk."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
St. Leonard's, Hastings, Chapel Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for erecting a Chapel in the Parish of Saint Leonard's, within the Liberty of the Town and Port of Hastings, in the County of Sussex, for the Accommodation of the Inhabitants of the said Parish, and of the Parish of Saint Mary Magdalen, within the said Liberty and County."
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.
Perry Barr Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making a Turnpike Road from the North Side of the Quarry House, in the Township of Perry Barr, in the County of Stafford, to the Brook which divides the Parishes of Aston juxta Birmingham and Birmingham, in the County of Warwick."
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.
Walsall Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for improving and maintaining several Roads leading to and from the Town of Walsall, in the County of Stafford."
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.
Petition from Ballymacarret respecting Emigration, referred to Com ee on the Poor Laws.
Ordered, That the Petition of the Inhabitants of Ballymacarret, in the County of Down, One of the Suburbs of the Town of Belfast, whose Names are thereunto subscribed, presented to the House on the 26th Day of November last; praying their Lordships "to supply them with the Means of removing themselves and their Families to Upper Canada, and to grant them some Lands there on which they may settle as industrious, loyal and good Subjects of their revered Sovereign King William the Fourth; or, if this be deemed inexpedient by their Lordships, that they will grant the Petitioners the Means of settling upon and cultivating some of the Waste Lands of their Native Country," be referred to the Select Committee appointed to consider of the Poor Laws.
Landlords Right of Hypothec (Scotland) Bill.
It was moved, "That the Bill, intituled, "An Act to regulate the Landlords Right of Hypothec in Scotland," be now read a Second Time."
The Question was put thereupon?
It was resolved in the Affirmative.
Then the said Bill was read a Second Time.
Ordered, That the said Bill be committed to a Committee of the Whole House.
Sugar Duties Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty, until the Fifth Day of April One thousand eight hundred and thirty-two, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty."
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."
Witnesses Examination Bill.
The House (according to Order) proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act to enable Courts of Law to order the Examination of Witnesses upon Interrogatories and otherwise."
And the said Amendments, being read Three Times by the Clerk, were agreed to by the House.
And, A Message was sent to the House of Commons by the former Messengers, to acquaint them therewith.
Report from Com ee on L d Teignmouth's Claim to vote for Peers for Ireland:
The Earl of Shaftesbury reported from the Lords Committees for Privileges, to whom it was referred to consider of the Petition of The Right Honorable John Baron Teignmouth of that Part of the United Kingdom called Ireland; praying, "That his Right to vote at the Election of Peers of Ireland, to sit in the Parliament of the United Kingdom, may be admitted;" "That the Committee had met, and considered the Petition to them referred; and had come to the following Resolution; (vizt.)
"Resolved, That it is the Opinion of this Committee, That John Baron Teignmouth of that Part of the United Kingdom called Ireland hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom."
Which Report, being read by the Clerk, was agreed to by the House.
Resolution that his Lordship hath made out his Claim.
Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That John Baron Teignmouth of that Part of the United Kingdom called Ireland hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom.
Ordered, That the Clerk of the Parliaments do transmit to the Clerk of the Crown in Ireland the said Resolution and Judgment.
Report from Com ee on E. of Tyrconnel's Claim to vote for Peers for Ireland:
The Earl of Shaftesbury reported from the Lords Committees for Privileges, to whom it was referred to consider of the Petition of John Delaval Earl of Tyrconnel, Viscount Carlingford and Baron Carpenter; praying, "That his Right to vote at the Election of Peers of Ireland, to sit in the Parliament of the United Kingdom, may be admitted;" "That the Committee had met, and considered the Petition to them referred; and had come to the following Resolution; (vizt.)
"Resolved, That it is the Opinion of this Committee, That John Delaval Earl of Tyrconnel, Viscount Carlingford and Baron Carpenter, in that Part of the United Kingdom called Ireland, hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom."
Which Report, being read by the Clerk, was agreed to by the House.
Resolution that his Lordship hath made out his Claim.
Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That John Delaval Earl of Tyrconnel, Viscount Carlingford and Baron Carpenter, in that Part of the United Kingdom called Ireland, hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom.
Ordered, That the Clerk of the Parliaments do transmit to the Clerk of the Crown in Ireland the said Resolution and Judgment.
National Vaccine Establishment, Address for last Report from.
Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "A Copy of the last Report from the National Vaccine Establishment."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Criminal Offences, Address for Statements respecting.
Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "Summary Statements of the Number of Persons charged with Criminal Offences, who were committed to the different Gaols in England and Wales, for Trial, at the Assizes and Sessions held for the several Counties, Cities, Towns and Liberties therein, during the last Seven Years; distinguishing the Number in each Year, and shewing the Nature of the Crimes respectively of which they were convicted, acquitted, and with which those were charged against whom no Bills were found, and who were not prosecuted; also the Sentences of those convicted, and the Number executed of those who received Sentence of Death."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum octavum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.