House of Lords Journal Volume 63: 23 June 1831

Die Jovis, 23° Junii 1831.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cathcart v. Sir J. A. Cathcart & Ritchie.

The Answer of Sir John Andrew Cathcart Baronet, and Henry Ritchie Esquire, his Curator, to the Petition and Appeal of John Cathcart Esquire, of Genoch, was this Day brought in.

Grahame v. Jolly.

After hearing Counsel, in Part, in the Cause wherein Francis Grahame Esquire is Appellant, and Stewart Jolly is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Thursday next.

Macintyre et al. v. Macdonald & Lawson.

Ordered, That the Hearing of the Cause wherein Christian Macintyre, and others, are Appellants, and Coll Macdonald and John Lawson are Respondents, which stands appointed for this Day, be put off to Thursday next.

L d Boston takes the Oaths.

This Day George Lord Boston took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Houston & Griffiths v. Hughes et al.

Ordered, That the Cause wherein Elizabeth Houston and Charlotte Griffiths are Appellants, and Henry Alwright Hughes, and others, are Respondents, be further heard by Counsel at the Bar on Monday next.

Duffy v. Orr et al.

Ordered, That the Cause wherein Cornelius Duffy is Appellant, and Robert Orr, and others, are Respondents, be heard by Counsel at the Bar on Monday next.

Assessed Taxes, Petition from Egton for Repeal of.

Upon reading the Petition of the Inhabitants of the Township of Egton, in the County of York, and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "for an immediate Repeal of the whole of the Assessed Taxes, as a Measure calculated to give great and lasting Relief to the Country, and which the Petitioners respectfully represent to their Lordships may be adopted without Injury to the Honor and Safety of the British Empire, if His Majesty's Ministers, imitating the Example of their Sovereign, make a Sacrifice of a Portion of their Official Incomes to the Public Exigencies, introduce a rigid Economy, and abolish all useless and sinecure Offices in the State:"

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

Slavery, Petitions for Abolition of: (Upleatham:)

Upon reading the Petition of the Inhabitants of Upleatham, in Cleveland, whose Names are thereunto subscribed; praying their Lordships "effectually to abolish, by some Legislative Enactment, the inhuman and odious Traffic in Slaves, that this Country may no longer appear in the Face of Heaven to disregard the Claims of Justice, to deride the Calls of Humanity, and to defy the Counsels of God:"

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

Marsk:

Upon reading the Petition of the Inhabitants of Marsk, in the North Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships "to adopt immediate and efficient Measures for the entire Abolition of Negro Slavery:"

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

St. Andrew's, Orkney:

Upon reading the Petition of the Inhabitants of the Parish of Saint Andrew's, Orkney, whose Names are thereunto subscribed; praying their Lordships, "That such Measures may be adopted as to them shall appear most proper for speedily and totally abolishing the Existence of Slavery in the Colonies of Great Britain:"

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

Meeting House, Princes St. Cork.

Upon reading the Petition of the Inhabitants of the City of Cork, who meet for Religious Worship at the Presbyterian Meeting House, Princes Street, whose Names are thereunto subscribed; praying their Lordships, "That as early as possible in this Session they will put an End to Slavery, a System injurious to all Classes of His Majesty's Subjects, and replete with Misery to the Slaves:"

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

Reform of Parliament, Petitions in favor of: (Stromness:)

Upon reading the Petition of the Magistrates, Town Council and Inhabitants of the Burgh of Barony of Stromness, County of Orkney, whose Names are thereunto subscribed; praying their Lordships, "That, along with an additional Number of Representatives, there may be such an Extension of the Elective Franchise in the Counties and Towns of Scotland as may include a fair Proportion of the Property therein, and thus remedy the Evils of the present System; and that Measures may be proposed calculated to meet the Wants and Wishes of all reasonable Persons, and to promote the true Interests of the Country at large:"

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

Grangemouth, Falkirk:

Upon reading the Petition of the Inhabitants of the Port of Grangemouth, in the Parish of Falkirk and County of Stirling, whose Names are thereunto subscribed; praying their Lordships, "That the Measure of Reform lately brought forward by His Majesty's Ministers, so eminently calculated to maintain the Dignity and Stability of the Crown, to ensure the Loyalty of the People, and to promote the Welfare and Happiness of all Classes of His Majesty's Subjects, may pass into a Law; and that their Lordships will be pleased to admit the Inhabitants of this Town to be classed with those of Falkirk in the Enjoyment of the Privileges proposed to be conferred on them:"

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

Drumcondra, &c:

Upon reading the Petition of the Inhabitants of the United Parishes of Drumcondra, Ardagh and Loughbracken, in the County of Meath, whose Names are thereunto subscribed; praying, "That their Lordships will, at an early Day, cause Enquiry to be made into the State of the Representation of the United Kingdom, and adopt such other Means as will secure to the Petitioners their ancient Birthrights of Annual Parliaments; that the Right of voting may be extended to all Persons of the Male Sex having attained the Age of Twentyone Years, and of sound Mind; that Elections may begin and terminate in One Day; and, for securing the Freedom of Election, that the Mode of voting be by Ballot:"

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

Hawick.

Upon reading the Petition of the Householders, Burgesses and other Inhabitants of the Town of Hawick, whose Names are thereunto subscribed; praying their Lordships "to abolish the present insufferable System of Representation of the Counties and Burghs of Scotland; encourage His Majesty's present Ministers in devising a Plan for a full, free and equitable Representation of all His Majesty's Subjects, with the Privilege of voting by Ballot in the Election of such Representatives; and otherwise strengthen and support them in the Advocation and Developement of those sound and healthful Measures wherein only consists the permanent Safety, Abiding, Prosperity and true Glory of the Nation:"

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday next.

Ordered, That all the Lords be summoned to attend the Service of the House on Monday the 4th of July next.

The King's Answer to Address.

The Lord Chancellor reported, "That the House did Yesterday present their Address to His Majesty; to which His Majesty was pleased to return the following most gracious Answer;

"My Lords,

"I thank you for this loyal and dutiful Address.

"I receive with Pleasure your Assurances that you will proceed to the early Consideration of the Matters which I have recommended to you; and I rely with Confidence on your zealous Support of my Endeavours to maintain the Peace and to promote the Prosperity of My Dominions."

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

Beer Act, Petition of Clergy of Diocese of Bath & Wells respecting.

Upon reading the Petition of the Clergy of the Diocese of Bath and Wells, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as they may think fit to prevent the Recurrence of those Evils which have resulted from the unlimited Licence of Houses for the Sale of intoxicating Liquors to be consumed upon the Premises, under the Act of last Session, commonly called the Beer Bill:"

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

Tithe System Petitions for Revision of: (Farnborough, &c:)

Upon reading the Petition of the Inhabitants of Farnborough, Down, Chelsfield, Orpington, Keston, and Places adjacent, in the County of Kent, whose Names are thereunto subscribed; praying their Lordships "to complete the System of Religious Liberty, which the British Legislature hath so gloriously advanced, by the speedy Repeal of all Statutes to the contrary, and by the Enactment of a Law that no British Subject shall on any account be compelled to contribute by Tithes, Church Rates, Taxes, or any other Way whatever, to the Support and Promotion of the Episcopal or any other Form of Religion; but that every Individual shall be left at liberty to choose and maintain such Minister or Ministers of Religion as shall be most agreeable to his own Views and Wishes; and without regard to Parishes or any other Ecclesiastical Division of the Country, that he shall be left free to support and frequent such Places of Religious Worship as he shall deem most convenient for that Purpose:"

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

Dartford:

Upon reading the Petition of the Owners and Occupiers of Land, and others, Inhabitants of Dartford and its Neighbourhood, in the County of Kent, whose Names are thereunto subscribed; praying their Lordships "to abolish the Tithe Tax, and to substitute as a Provision for the Clergy a Tax upon the Land amounting to a Seventh Part of its Rental:"

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

Lesnewth.

Upon reading the Petition of the Proprietors and Occupiers of Land in the Hundred of Lesnewth, in the County of Cornwall, whose Names are thereunto subscribed; praying, "That their Lordships will take into their most serious Consideration the present State of the Tithe System, and the Effects now resulting therefrom, with a view that such Alterations may be made therein as their Lordships shall deem necessary for the general Interest of the Community at large:"

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

Tithe System, (Ireland,) Petitions for Revision of: (Clonenagh:)

Upon reading the Petition of the Parishioners of Clonenagh, Queen's County, Ireland, whose Names are thereunto subscribed; praying their Lordships, "as the Means to meet the pressing Wants of the Poor, to apply a Portion of Church Property to the Purpose for which it was originally destined, namely, the Support of the aged Poor, the infirm and destitute:"

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

St. Mullins:

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Saint Mullins, in the County of Carlow, whose Names are thereunto subscribed; praying their Lordships "to alter the present Law respecting Tithes in Ireland, and to give to Petitioners the sole Power over their own Properties:"

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

Lismolin:

Upon reading the Petition of the Inhabitants of the Union of Lismolin, County Tipperary, Ireland, whose Names are thereunto subscribed; praying their Lordships, "That they will take the Tithe System of Ireland into their most serious Consideration for its total Repeal, the more so as the Petitioners have used the only Means of seeking Redress-legal and constitutional Petition:"

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

Gowran:

Upon reading the Petition of the Inhabitants of the Parish of Gowran, in the County of Kilkenny, Ireland, whose Names are thereunto subscribed; praying their Lordships "to abolish entirely the System of Tithes in this Parish; and that if the Protestant Clergyman have not a sufficient Flock to enable him to depend on them for Support, and nevertheless it be deemed necessary to have a Protestant Clergyman to the Parish, with a large Revenue, their Lordships will direct some other Means of furnishing him with that Revenue besides laying it as a Tax on the Roman Catholic Inhabitants:"

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

Oldtown.

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Oldtown, County Dublin, Ireland, whose Names are thereunto subscribed; praying their Lordships "to abolish Tithes in Ireland, and make the various other Resources in the Hands of the Church available to the Support of the Protestant Religion in Ireland:"

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

Criminal Laws, Petition from Langport Eastover for Revision of.

Upon reading the Petition of the Inhabitants of Langport Eastover, in the County of Somerset, whose Names are thereunto subscribed; praying their Lordships "to revise those Penal Laws by which the Punishment of Death is enacted, with a view to its Commutation in such Cases and to such Extent as may seem most consistent with the proper Ends of Justice, with the Dictates of enlightened Humanity, and above all with the Spirit of the Christian Religion:"

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

Education, (Ireland,) Petitions for regulating Grants for: (Oran:)

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Oran, in Ireland, whose Names are thereunto subscribed; praying their Lordships for such a Distribution of the Grant for educating the Poor of Ireland as will enable the Petitioners to promote the Education of the Poor consistently with the Tenets of their Religion and the Dictates of their Conscience; thereby conferring the greatest Happiness on the Poor of Ireland, and rendering the Grant for their Education a real Source of National Good:"

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

St. Mullins:

Upon reading the Petition of the Inhabitants of the Parish of St. Mullins, in the County of Carlow, whose Names are thereunto subscribed; praying their Lordships as they value Justice and the Contentment of the Irish People, so to regulate the Funds voted to promote Education in Ireland, that the Benefits to be derived from them may be as general and as free from Exception as the Imposts from which those Funds are raised:"

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

Leighlin Bridge.

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Leighlin Bridge, in the County of Carlow, Ireland, whose Names are thereunto subscribed; praying, "That their Lordships will place the Money to be hereafter granted for the Education of the Poor of Ireland in the Hands of such Persons as that Petitioners may avail themselves, without Violation of Conscience, of the benevolent Intentions of Parliament towards the Education of their Poor:"

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

Vestry & Sub-letting Acts, (Ireland,) Petition from St. Mullins for Repeal of.

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of St. Mullins, in the County of Carlow, whose Names are thereunto subscribed; praying their Lordships "to avert the horrifying Anticipation of the Calamities which will be produced by the Operation of the Vestry and Sub-letting Acts, Ireland, by the full and immediate Repeal of those mischievous Acts:"

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

Beer Act & Spirit Licences; Petition of Beer Retailers, Brighton, respecting.

Upon reading the Petition of the licensed Beer Retailers of Brighton, in the County of Sussex, whose Names are thereunto subscribed; praying their Lordships, "That the Time allowed them for the Sale of Beer may be extended to Eleven o'Clock at Night; and that the Advantage of taking Retail Spirit Licences may be extended to all Persons licensed to sell Beer by Retail, which would considerably increase the Number of Retail Spirit Licences, and would so far open the Trade as to do away with a galling Monopoly, to the great Benefit of the Public and the Petitioners:"

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

Union with Ireland, Petitions for Repeal of: (Portumna:)

Upon reading the Petition of the Inhabitants of the Town and Parish of Portumna, in the County of Galway, whose Names are thereunto subscribed; praying their Lordships "to grant the Petitioners permanent Relief by repealing the obnoxious Act of Union between Great Britain and Ireland, which was accomplished by Fraud and Corruption, and at a Time when Ireland was plunged in the greatest Distress by the Contrivance of the then Government:"

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

St. Mullins:

Upon reading the Petition of the Inhabitants of the Parish of St. Mullins, in the County of Carlow, whose Names are thereunto subscribed: praying their Lordships "not to delay taking into Consideration the Measure of Legislative Union between Great Britain and Ireland, with a view to its immediate Repeal:"

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

Working Jewellers, Dublin:

Upon reading the Petition of the Working Jewellers of the City of Dublin, whose Names are thereunto subscribed; praying their Lordshhips "to take into their most serious Consideration the many Miseries under which the Petitioners labour, and put an End to their Sufferings by repealing the sole Cause thereof, the Legislative Union between Great Britain and Ireland:"

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

Duncormick.

Upon reading the Petition of the Protestant and Catholic Inhabitants of the Parish of Duncormick and its Union, County Wexford, Ireland, whose Names are thereunto subscribed; praying, "for the Sake of the Independence of Ireland, of the Prosperity and Happiness of her People, and with a view to the more permanent Stability of the friendly Federal Connection, under the same King, between the Two Countries, that their Lordships will speedily adopt Measures for a total Repeal of the Act of Union:"

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Monday next.

Elective Franchise, Petition of University of Dublin, respecting.

Upon reading the Petition of The Provost, Fellows and Scholars of the College of the Holy and Undivided Trinity of Queen Elizabeth, near Dublin, under their Common Seal; praying their Lordships, "That in case any Bill be submitted to them relating to the Representation of the People of Ireland, and in the Event of its appearing expedient to their Lordships by such Bill to extend the Elective Franchise in the University of Dublin, such Extension, instead of being made on the Plan proposed by the Bill of the last Session of the late Parliament, may be founded on the Principle of assimilating the said Elective Franchise to that exercised in the Universities of Oxford and Cambridge:"

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

Scott's Petition claiming the Barony of Polewart.

The Lord Melbourne (by His Majesty's Command) presented to the House, A Petition of Hugh Scott Esquire, of Harden, eldest Son and Heir of the late Walter Scott Esquire, of Harden, and Lady Diana Scott, also deceased, to His Majesty; praying, "That His Majesty will be graciously pleased to make such Reference to the House of Lords on his Right to the Barony of Polewart, and of his Petition, as may effectually revive the former Proceedings before the House of Lords, and enable the Petitioner to have the Benefit of all Proofs taken before the House of Lords, or their Committee of Privileges, on the said Reference to the House of Lords of the Petition and Claim of Dame Anne Paterson Anstruther, and all such other Benefit as the Nature of the Case will properly allow, and at the same Time to prove the present Right of the Petitioner to the said Barony;" together with His Majesty's Reference thereof to this House.

Which Petition and Reference were read by the Clerk, and are as follow; (viz ^t.)

To The King's Most Excellent Majesty.

The humble Petition of Hugh Scott Esquire, of Harden, eldest Son and Heir of the late Walter Scott Esquire, of Harden, and Lady Diana Scott, also deceased;

Sheweth,

That on the 14th Day of March 1818 a Petition was presented to Your Majesty's Royal Predecessor, King George the Third, in Name of Dame Anne Paterson Anstruther, Widow of Sir Philip Anstruther of Anstruther, Baronet, setting forth, That Your Majesty's Royal Predecessors King William and Queen Mary were graciously pleased, by Letters Patent under the Great Seal of Scotland, bearing Date the 26th Day of December 1690, to create Sir Patrick Hume Baron Polewart, with Limitation to him and his Heirs, in these Words, "Damus pariter concedimus et conferrimus in dictum Dominum Patricium Hume et hæredes masculos de corpore suo legitime procreatos seu procreandos et hæredes dictorum suorum hæredum titulum, dignitatem, gradum et honorem liberi Parliamenti Domini cum plenaria potestate jure et authoritate ipsi ejusque antedis eodem quadendi et fruendi," &c:a. That the same Lord Polwarth was afterwards, in 1697, created Earl of Marchmont, with Limitation to him and his Heirs Male whatsoever; but no Resignation of the Title of Lord Polwarth took place upon that Occasion.

That Patrick, the First Lord Polwarth and Earl of Marchmont had Four Sons, of whom Alexander, the Third, succeeded to his Father in 1724, the Two eldest Sons having died without Issue; and the Fourth Son, Andrew, died, leaving of Male Issue an only Son, John, who also died without Issue: That Alexander, the Second Lord Polwarth and Earl of Marchmont, had Four Sons, the First, Second, and Fourth of whom died without Issue, and Hugh, the Third Son, succeeded in 1740 to his Father as his Heir: That Hugh, the Third Lord Polwarth and Earl of Marchmont, had Two Sons and Three Daughters: That both of the Sons predeceased their Father (who died in 1794) without Issue: That her (the said Dame Anne Paterson Anstruther's) Mother, the eldest Daughter of the said Third Lord Polwarth, married Sir John Paterson of Eccles, and is since dead; and that she being the only Issue of that Marriage, and thus the Heir General of the last Heir Male of the Body of the Patentee, was consequently, in Terms of the Patent, entitled to the Title and Dignity of Baroness Polewart; she therefore prayed that it might be declared and adjudged that she was entitled to the said Honor and Dignity of Baroness Polewart.

That the said Petition having been referred by Your Royal Predecessor to the Consideration of the House of Lords, their Lordships were pleased to make an Order, referring the Matter to their Committee of Privileges.

That, in pursuance of the said Order, the Committee of Privileges met on the 14th Day of May 1818, on the Matter of the said Reference, and heard the Case of the said Petitioner, Dame Anne Paterson Anstruther, opened and stated by her Counsel, and received various Evidence and Proofs in support of her Claim and Pedigree.

That the said Dame Anne Paterson Anstruther having died on the 11th Day of March 1822, without Issue, and Lady Margaret Hume, the Second of the Three Daughters of the said Hugh the Third Lord and Earl, having died in or about the Year 1765, also without Issue; and the said Lady Diana, the Mother of Your Petitioner, and Third and youngest Daughter and last surviving Issue of the said Hugh Lord Polewart and Earl of Marchmont, having also died on or about the 20th Day of July 1827; and Your Petitioner being the only Son and Heir of the said Walter Scott of Harden and the said Lady Diana Scott, and being the only surviving Issue of the said Hugh the Third Lord Polewart, and thus the Heir General of the last Heir Male of the Body of the Patentee, he is, consequently, in Terms of the Patent, entitled to the Title and Dignity of Baron Polewart.

That, by reason of the Death of the said Dame Anne Paterson Anstruther, the said Proceedings before the House of Lords, on the Reference of Your Majesty's Royal Predecessor to them of the Claim so made by her of the said Barony, are, as Your Petitioner is advised, become abated, so as not to be regularly available to Your Petitioner as Heir to the said Barony, without a new Reference from Your Majesty to the House of Lords.

"Your Petitioner therefore humbly prays, That Your Majesty will be graciously pleased to make such Reference to the House of Lords on the Right to the said Barony of Polewart, and of this Petition, as may effectually revive the said former Proceedings before the House of Lords, and enable Your Petitioner to have the Benefit of all Proofs taken before the House of Lords, or their Committee of Privileges, on the said Reference to the House of Lords of the said Petition and Claim of the said Dame Anne Paterson Anstruther, and all such other Benefit as the Nature of the Case shall properly allow, and at the same Time to prove the present Right of Your Petitioner to the said Barony.

And Your Petitioner will ever pray,

"Hugh Scott."

Whitehall, 13th April 1831.

"His Majesty, being moved upon this Petition, is graciously pleased to refer the same to The Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"Melbourne."

Ordered, That the said Petition, with His Majesty's Reference thereof to this House, be referred to the Lords Committees for Privileges; whose Lordships, having considered thereof, and heard such Persons concerning the same as they shall think fit, are to report their Opinion thereupon to the House.

Wilson's Petition claiming the Barony of Berners.

The Lord Melbourne (by His Majesty's Command) also presented to the House, A Petition of Robert Wilson of Didlington and of Ashwellthorpe, in the County of Norfolk, Esquire, One of the Coheirs and eldest Representative of the ancient Barony of Berners, to His Majesty; praying, "That His Majesty will be graciously pleased to admit and allow his Claim as One of the Right Heirs to the Barony of Berners, and to terminate the Abeyance by issuing to him a Writ of Summons to the Parliament of the United Kingdom;" together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed.

Which Petition and Reference were read by the Clerk, and are as follow; (viz ^t.)

To The King's Most Excellent Majesty.

The humble Petition of Robert Wilson of Didlington and of Ashwellthorpe, in the County of Norfolk, Esquire, One of the Coheirs and eldest Representative of the ancient Barony of Berners;

Sheweth,

That Your Petitioner's Ancestor Sir John Bourchier, Knight of the Most Noble Order of the Garter, was summoned to Parliament as a Baron of that Part of the now United Kingdom then called England, by Writ dated the Twenty-sixth Day of May, in the Thirty-third Year of the Reign of Your Majesty's Illustrious Predecessor King Henry the Sixth, by the Name and Style of "John Bourchier de Berners Chevalier;" and continued to be summoned as a Lord of Parliament by subsequent Writs in the same Reign, as well as in the Reign of King Edward the Fourth, in the Fourteenth Year of whose Reign he died, leaving his Grandson Sir John Bourchier (eldest Son of his Son Sir Humphrey Bourchier, who died in his Life-time,) his Heir; which Sir John Bourchier the Grandson enjoyed the Barony during his Life, and was also summoned to divers Parliaments in the Reign of King Henry the Seventh and King Henry the Eighth, and, dying in the Twenty-third Year of the Reign of the said King Henry the Eighth, left Issue Jane, who was then his sole surviving Daughter and Heir, who intermarried with Edmund Knyvet Esquire, and had Issue John Knyvet Esquire, who died in the Life-time of his Mother, leaving Sir Thomas Knyvet of Ashwellthorpe, in the County of Norfolk, his Son and Heir, who succeeding to the Inheritance of his said Grandmother Jane, only surviving Daughter and Heir of Lord Berners as before mentioned, claimed, in the Fourteenth Year of King James the First, the Title and Dignity of Lord Berners, which was by His Majesty referred to the Lords Commissioners for executing the Office of Earl Marshal of England, who in their Report thereon admitted his Claim; but the said Sir Thomas Knyvet died in the Year One thousand six hundred and seventeen, before the said Report had received His Majesty's Royal Confirmation, leaving his Grandson Thomas Knyvet (eldest Son and Heir of his Son Sir Thomas Knyvet, who died in his Father's Life-time,) his Heir; which Thomas Knyvet Esquire died in One thousand six hundred and fifty-eight, and was styled on the Monument erected to his Memory in Ashwellthorpe Church Hereditary Lord Berners.

That he the said Thomas Knyvet left Issue Sir John Knyvet, Knight of the Most Honorable Order of the Bath, his eldest Son and Heir, and Thomas Knyvet his Second surviving Son, who then resided at Mutford, in the County of Suffolk. The said Sir John Knyvet died in the Year One thousand six hundred and seventythree, leaving Issue Two Sons and Five Daughters. Thomas Knyvet Esquire, his eldest Son and Heir, dying unmarried in the Year One thousand six hundred and ninety-three, and John Knyvet, the Second Son, having also died unmarried in the Year One thousand six hundred and eighty-nine, the said Five Daughters of Sir John Knyvet, on the Death of their said Brother Thomas, became his Coheirs.

Elizabeth, the eldest, married Thomas Glemham of Glemham Parva, in the County of Suffolk, Esquire, and had Issue an only Son, Thomas Glemham, who died unmarried in or about the Year One thousand seven hundred and ten:

Catherine, the Second Daughter, married, first John Harris of London, Gentleman, by whom she had no Issue; and secondly, Richard Bokenham of Weston Market, in the County of Suffolk, Esquire:

Mary, the Third Daughter, died unmarried in the Year One thousand seven hundred and nine:

Jane, the Fourth Daughter, married Oliver Le Neve of Great Wichingham, in the County of Norfolk, Esquire, but died also without Issue in the Year One thousand seven hundred and four:

And Muriel, the Fifth Daughter, died unmarried in the Year One thousand six hundred and eighty-eight.

"In the Year One thousand seven hundred and seventeen, the said Catherine Bokenham, being (by the several Deaths of all her Brothers and Sisters without any Issue of their Bodies then surviving) the sole surviving Daughter and Heir to the said Sir John Knyvet, presented a Petition to His Majesty King George the First, claiming the said Barony of Berners, and praying His Majesty to allow and confirm to her the said Barony in Right of her Descent from the said Sir John Bourchier Knight, Lord Berners, summoned to Parliament, as before recited, in the Thirty-third Year of the Reign of King Henry the Sixth; which said Petition was, after a Report of His Majesty's then Attorney General thereon, referred by His Majesty's Command to the House of Lords, who, on the Thirtieth Day of May in the Year One thousand seven hundred and twenty, resolved and adjudged, that the said Catherine, Wife of Richard Bokenham Esquire, had a Right to the said Barony of Berners; and the said Resolution and Judgment were ordered to be laid before His Majesty, which was accordingly done."

"That the said Catherine Baroness Berners died without Issue in the Year One thousand seven hundred and fortythree, whereupon the Representation of the said Sir John Bourchier devolved upon the Cousins of the said Catherine Baroness Berners, namely, Elizabeth and Lucy the only Two surviving Daughters and Coheirs of John Knyvet of Bracondale, in the County of Norfolk, Esquire, the only Son of Thomas Knyvet of Mutford, Esquire, before mentioned, the Second Son of Thomas Knyvet of Ashwellthorpe, Esquire, and Brother of Sir John Knyvet, Knight of the Bath."

"That Elizabeth, the eldest of the Two Coheirs of the said John Knyvet, married Henry Wilson, sometime of Heighan, in the County of Norfolk, Esquire, and dying in the Year One thousand seven hundred and fiftyseven, left Issue by her said Husband Henry William Wilson Esquire, her eldest Son and Heir, who intermarried with Mary eldest Daughter of Sir John Miller of Lavant, in the County of Sussex, Baronet, and died in the Year One thousand seven hundred and ninetysix, leaving Your Majesty's Petitioner his eldest Son and Heir."

Lucy, the youngest of the Two Coheirs, married, first Thomas Holt of Reading, in the County of Berks, Gentleman; and secondly, John Field. The said Lucy died in the Year One thousand Seven hundred and forty, and left Issue by Thomas Holt, her First Husband, an only surviving Daughter, and by John Field, her Second Husband, Two Daughters.

"Thus the ancient Barony of Berners being in Abeyance between the Coheirs of the said John Knyvet Esquire, Your Majesty's Petitioner being the Heir General and sole Representative of Elizabeth the eldest of the said Coheirs, and as such the eldest Coheir of the said Sir John Bourchier Lord Berners, and the Representation of Lucy the youngest divided between the Heirs of her said Daughters and Coheirs, the said Barony is therefore at Your Majesty's Disposal, the Grace of the Crown never having been exercised in determining the Abeyance."

That Your Majesty's Petitioner, conceiving himself thus to be One of the Right Heirs of the said Barony of Berners, and possessing by Inheritance the ancient Estate of his said Noble Ancestor Sir John Bourchier, and enjoying otherwise an ample Fortune,

"He therefore most humbly prays Your Majesty will be graciously pleased to admit and allow his Claim as One of the Right Heirs to the said Barony of Berners, and to terminate the Abeyance by issuing to Your Majesty's Petitioner a Writ of Summons to the Parliament of the United Kingdom."

"And Your Majesty's Petitioner shall ever pray, &c."

"Robert Wilson."

"Whitehall, 27th February 1823."

"His Majesty is pleased to refer this Petition to Mr. Attorney General to consider thereof, and report his Opinion what may be properly done therein, whereupon His Majesty's further Pleasure will be declared."

"Rob. Peel."

Whitehall, 22d June 1831.

"His Majesty, being moved upon this Petition, is graciously pleased to refer the same (together with the Report of Sir John Singleton Copley, His late Majesty's Attorney General,) to The Right Honorable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships."

"Melbourne."

Ordered, That the said Petition, with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed, be referred to the Lords Committees for Privileges; whose Lordships, having considered thereof, and heard such Persons concerning the same as they shall think fit, are to report their Opinion thereupon to the House.

M'Grigor et al. v. Cochran:

Upon reading the Petition of Alexander M'Grigor, and others, Appellants in a Cause depending in this House, to which Mrs. Margaret Cochran or Halliburton is Respondent; praying their Lordships, "That they may have leave to withdraw their Appeal, without Payment of Costs, the Respondent's Agent having signed the said Petition, as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioners be at liberty to withdraw their said Appeal, without Payment of Costs, as desired.

Cathcart v. Sir J. A. Cathcart & Ritchie.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Cathcart Esquire is Appellant, and Sir John Andrew Cathcart Baronet and Henry Ritchie Esquire are Respondents:"

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

Simson & Parrott v. Jones & Innes.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Simson Esquire and Richard Parrott Esquire are Appellants, and Jenkin Jones and John William Innes are Respondents:"

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

Robertson v. Harford & Co. & Christie.

The House being moved, "That a Day may be appointed for hearing the Cause wherein James Robertson is Appellant, and Harford, Brothers and Company, and Thomas Christie, are Respondents:"

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

Clyne v. Sclater et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein David Clyne is Appellant, and Robert Sclater, and others, are Respondents:"

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

Baird v. Ross.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Baird is Appellant, and Robert Ross is Respondent:"

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

Reid v. Lyon & Fisher.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Reid is Appellant, and Peter Lyon and Charles Fisher are Respondents, ex-parte, the Respondents not having put in their Answers to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondents put in their Answer thereto in the mean time.

Ewing v. Wallace.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Ewing is Appellant, and William Wallace is Respondent, exparte, the Respondent not having put in his Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondent puts in his Answer thereto in the mean time.

Robinson v. Alexander.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Isaac Robinson Esquire is Appellant, and Daniel Alexander Esquire is Respondent, ex-parte, the Respondent not having delivered his Case within the Time limited by the Standing Order of this House:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondent delivers his printed Case in the mean time.

Reddie v. Syme.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Reddie is Appellant, and David Syme Esquire is Respondent, ex-parte, by Counsel at the Bar, the Respondent not having put in his Answer to the said Appeal, though peremptorily Ordered so to do:"

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondent puts in his Answer thereto in the mean time.

D. of Hamiton v. Aikman:

Upon reading the Petition and Appeal of The Most Noble Alexander Duke of Hamilton and Brandon, complaining of Two Interlocutors of the Lords of Session in Scotland, of the Second Division, of the 14th Day of November 1829 and the 17th Day of June 1830; and praying, "That the same may be reversed, varied or amended, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Robertson Aikman of Ross and Broomelton, Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said George Robertson Aikman may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Thursday the 21st Day of July next; and Service of this Order upon the said Respondent, or upon any one of his known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Richardson to enter into a Recog ce on it.

The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Alexander Duke of Hamilton and Brandon, on account of his Appeal depending in this House:"

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

Glendonwyn & Kennedy v. Goldie et al.

The House being informed, "That Alexander Goldie, and others, Respondents to the Appeal of Mrs. Ismene Magdalena Glendonwyn or Scott and Robert Kennedy, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Alexander Kennedy of the City of Edinburgh, Writer to the Signet, of the due Service of the said Order, being read;

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

Clyne v. Sclater et al.

Upon reading the Petition and Appeal of David Clyne, Solicitor, Supreme Courts, Edinburgh; complaining of an Interlocutor of the Lords of Session in Scotland, of the Second Division, dated the 5th Day of March last; also of an Interlocutor of the Lord Ordinary there, dated the 30th Day of May last; and also of an Interlocutor of the Lords of the First Division of the said Court of Session, dated the 14th Day of June last; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Sclater, Die Cutter in Edinburgh; Eagle Henderson Esquire, of Press, Merchant there; William Renton, Merchant there; Colonel Robert Anstruther, residing there; Messieurs James Porteus, Preacher of the Gospel, Robert Kinnear, Bookseller in Edinburgh, John Robertson, Wine and Spirit Merchant there, and James Laidlaw Mitchell, Writer to our Signet, Trustees nominated and appointed by the late John Garrioch, residing in Edinburgh, and as such having Right to the Shares of the Capital Stock held by the said deceased John Garrioch; George Callam junior, Tinsmith in Edinburgh; Alexander Wright, Seedsman there; Adam Ogilvie Turnbull, Builder there; William Bruce, Leather Merchant there; John Sanderson, Lapidary there; Walter Nichol, Teacher there; William Linnie, Teacher there; Peter Brown, Merchant there; John Hay, Stockbroker there; Nicol Allan, Manager for the Hercules Insurance Company in Edinburgh; Hamilton John Williams, Writer to our Signet, and John Kennedy, Clerk to our Signet, his Mandatory; William Hunter, Bookseller in Edinburgh; William Matheson, Ironmonger there; John Henderson, Haberdasher there; Robert Torrance, Tinsmith there; William Walker, Baker there; Jean Campbell, residing there; Thomas Sibbald, Ironmonger there; Joseph Anderson, Ironmonger there; John Glasgow, Brewer there; William Fraser junior, Merchant Tailor there; John Riddle Stoddart, Writer to our Signet; Alexander Stewart, Writer, Edinburgh; Robert Boog, Solicitor in the Supreme Courts of Scotland; The Reverend James Porteus, residing in Edinburgh; James Mullo, Plasterer there; William Forrest, Land Surveyor there; Mathew Wingrave, Straw Hat Maker there; David Gibson, Haberdasher there; William Hunter of Onterston by Fushie; Robert Offleck, Grocer in Edinburgh; Mary Jeffreys, Easterfield, near Fisher Row; Peter M'Glasham, Builder in Edinburgh; James Claud Ferrier, Builder there; William Wedderspoon, Writer in Perth; James Miller, residing at Inverleith Road, near Edinburgh; John Young, Solicitor in the Supreme Courts of Scotland; James Imrie, Writer in Edinburgh; Robert Johnston, Yardheads, Leith; Andrew Balfour, Printer in Edinburgh; The Reverend Doctor William Brown, residing there; Mary Taylor at Seaton Mains, near Tranent; Robert Melville, Drumdryan House, near Edinburgh; David Murray, Writer to our Signet; Joseph Gordon, Writer to our Signet; the said John Kennedy, Alexander Burns, Writer to our Signet; Andrew Turnbull, Accountant of Excise in Edinburgh; Thomas Stobie, residing at Balnethill, in Fife; John Ferrier, residing at Lauriston, Edinburgh, for and in behalf of Marjory Cubbison or Ferrier his Spouse; Major Thomas Cubitt, of the Royal Artillery, and the said John Kennedy as his Mandatory; David Martin Black, Writer to our Signet; George Hill, Solicitor at Law, Edinburgh; William Miller Christy, Merchant in London, and Alexander Cruickshank, Merchant in Edinburgh, his Mandatory; and John Wilson, lately Teacher, now residing in Edinburgh, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Sclater, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 21st Day of July next; and Service of this Order upon the said Respondents, or upon any of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

D. of Roxburghe et al. v. Kerr:

Upon reading the Petition and Appeal of His Grace James Henry Robert Duke of Roxburghe, and of The Honorable Joshua Henry Mackenzie, One of the Senators of the College of Justice, John Fullerton Elphinstone Esquire, in the Service of The Honorable The East India Company, Colonel William Keith Elphinstone, and Lieutenant Colonel James Drummond Buller Elphinstone, Curators of the said Noble Duke; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of Date the 18th January 1831; also of an Interlocutor of the Lord Ordinary there, of the 12th February 1831; and also of an Interlocutor of the said Lords of the First Division, of 24th May 1831; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Kerr Esquire, of Chatto, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Kerr may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Thursday the 21st Day of July next; and Service of this Order upon the said Respondent, or upon his known Agent in the Court of Session in Scotland, shall be deemed good Service.

Richardson to enter into a Recog ce on it.

The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for James Henry Robert Duke of Roxburghe, and others, on account of their Appeal depending in this House, they living in Scotland:"

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

Miller et al. v. Miller et al:

Upon reading the Petition and Appeal of William Miller, eldest Son of the deceased Thomas Miller Esquire, younger, of Glenlee, and of Mrs. Edwina Miller, Widow of the said Thomas Miller, The Honorable John Hay Forbes, One of the Senators of the College of Justice, and Charles Lennox Cumming Bruce Esquire, of Roseisle and Kinnaird, Curators of the said William Miller; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 10th July 1830; and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 19th January 1831; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Miller Esquire, Writer to the Signet, Sir William Miller of Glenlee, Baronet, Sir Henry Jardine Knight, and John Home Esquire, Writer to the Signet, as Trustees of the deceased John Davidson Esquire, of Halltree, Writer to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said John Miller, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 21st Day of July next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Richardson to enter into a Recog ce on it.

The House being moved, "That John Richardson of Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for William Miller, and others, on account of their Appeal depending in this House, they living in Scotland:"

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

Mac Millan et al. v. Campbell et al:

Upon reading the Petition and Appeal of Thomas Mac Millan, Writer to His Majesty's Signet in Edinburgh; Robert Downie Esquire, of Appin; Charles Campbell Stewart, Writer to His Majesty's Signet in Edinburgh; George Macdougall, Writer in Edinburgh; William Smith, Teacher in Edinburgh; Francis, James and Walter Marshall, Jewellers in Edinburgh, all Creditors of Charles Campbell Esquire, of Combie; and Claud Russell and Thomas Mansfield. Accountants in Edinburgh, Trustees for the foresaid Parties and the other Creditors of the said Charles Campbell of Combie, conform to Supplementary Trust, Disposition, Corroboration and Assignation granted by the said Charles Campbell in their Favour, dated the 26th Day of May 1827; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, dated the 4th and signed the 5th Day of March 1831, in so far as it "finds that the said David Campbell was not divested by the aforesaid Trust Deed, that he had Power to execute the Procuratory of Resignation containing the Entail, and that the Titles made up under it were validly and effectually made;" and praying, "That the same may be reversed, varied or altered, in so far as complained of, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Charles Campbell and David Campbell and Francis Campbell, and the said Charles Campbell as their Administrator in Law; Susanna Campbell and Robert Campbell, Donald Campbell and Isabella Lucy Campbell, and the said Robert Campbell as their Administrator in Law, may be required to answer the said Appeal:"

It is Ordered, That the said Charles Campbell, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 21st Day of July next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Caldwell to enter into a Recog ce on it.

The House being moved, "That David Caldwell of Golden Square, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Thomas Mac Millan, and others, on account of their Appeal depending in this House, they living in Scotland:"

It is Ordered, That the said David Caldwell may enter into a Recognizance for the said Appellants, as desired.

Cranstoun et al. v. Bontine:

Upon reading the Petition and Appeal of Thomas Cranstoun, John Anderson junior, and Thomas Trotter junior, all Writers to the Signet, carrying on Business under the Firm of Cranstoun and Anderson, Writers to the Signet, Trust Assignees of Sir William Forbes, James Hunter and Company, Bankers in Edinburgh, conform to Trust Assignation in their Favor, and the Survivors or Survivor of them, bearing Date the 5th Day of December 1827; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, dated the 2d and signed the 4th Day of February 1830; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Cunninghame Bontine Esquire, of Ardoch, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Cunninghame Bontine may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Thursday the 21st Day of July next; and Service of this Order upon the said Respondent, or upon any one of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Caldwell to enter into a Recog ce on it.

The House being moved, "That David Caldwell of Golden Square, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Thomas Cranstoun, and others, on account of their Appeal depending in this House, they living in Scotland:"

It is Ordered, That the said David Caldwell may enter into a Recognizance for the said Appellants, as desired.

Morris v. Davies et al.

Upon reading the Petition and Appeal of Evan Williams Morris, otherwise Evan Williams, late an Infant, by William Hazledine his next Friend; complaining of an Order or Decree of Dismissal of the Court of Chancery, of the 18th Day of March 1830; and praying, "That the same may be reversed, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Edward Davies and Harriett his Wife, and The Reverend John Bright Bright, may be required to answer the said Appeal:"

It is Ordered, That the said Edward Davies and Harriett his Wife, and The Reverend John Bright Bright, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 7th Day of July next; and Service of this Order on the respective Clerks in Court for the said Respondents shall be deemed good Service.

Ackerley Leave for a Bill to take the Name of Chamberlayne:

Upon reading the Petition of Joseph Chamberlayne Wilkinson Ackerley otherwise Acherley, of the Town and County of the Town of Southampton, Esquire; praying their Lordships "That Leave may be given to bring in a Bill for enabling the Petitioner to lay down and for ever cease to use the Names of Wilkinson and Ackerley otherwise Acherley, and to take the Surname of Chamberlayne only, and bear the Arms of Chamberlayne quarterly with his own Family Arms, in compliance with the Terms of the Will of Edmund John Chamberlayne, late of Mangersbury House, in the County of Gloucester, Esquire:"

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

Bill presented.

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act to enable Joseph Chamberlayne Wilkinson Ackerley otherwise Acherley of the Town and County of the Town of Southampton, Esquire, to lay down and for ever cease to use the Surnames of Wilkinson and Ackerley otherwise Acherley, and to take the Name of Chamberlayne only, and bear the Arms of Chamberlayne quarterly with his own Family Arms, pursuant to the Will of his late Maternal Uncle Edmund John Chamberlayne Esquire, deceased."

The said Bill was read the First Time.

Private Bills, Standing Orders relative to, to be considered: Motions respecting, to be considered.

Ordered, That the Standing Orders relative to Private Bills be taken into Consideration To-morrow; and that the Lords be summoned.

It was moved, "That where any Petition praying Leave to bring in a Private Bill shall set forth, that a Petition in the same Words, or the same in Substance, was presented in the last Session of Parliament, or which shall refer to any such Petition presented in the last Parliament, and that the Judges to whom such Petition was referred did make their Report thereupon, the same be referred to a Committee, to examine and report whether any Alteration hath taken place in the State or Interest of the Parties since the Proceedings on the said former Petition and Bill were stayed by the Prorogation of the last Parliament; and if the Committee shall report that no such Alteration hath taken place, then that Leave be given to the Parties to bring in a Bill, in the same Words as those of the former Bill so reported upon by the Judges as aforesaid, without referring the said renewed Petition to Two of the Judges in the usual Course."

It was moved, "That if any such Bill so renewed and presented shall be committed in this Session, (such former Bill having been also committee in the last Session of Parliament,) the Committee appointed on such renewed Bill be at liberty to proceed on the same, after a Week from the Day on which the same shall be ordered to be committed; and that Notice affixed on the Doors of this House Seven Days before the meeting of the said Committee shall be sufficient."

It was moved, "That where any Evidence was taken in the last Session of Parliament before the Committee appointed to consider such former Bill, the same be referred to the Committee appointed to consider such renewed Bill, and be received as Evidence by such Committee; but without Prejudice to the same or any other Witnesses being examined, if required and necessary."

Ordered, That the said Motions be taken into Consideration To-morrow.

Leys & Co. v. Ld Forbes et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of James Ochoncar Lord Forbes, and others, Respondents in a Cause depending in this House, to which Leys, Masson and Company are Appellants; praying, "That their Lordships will be pleased to order that they may have Leave to lay their Appeal Case upon the Table of this House:"

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.

Burns & Grier v. Stewart, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of Duncan Stewart, Respondent in a Cause depending in this House, to which John Burns and Robert Grier are Appellants; praying, "That their Lordships will be pleased to order that the Petitioner may have Leave to lodge his Case, in Terms of their Lordships Standing Orders:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Hunter v. Roughead & Melrose, Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Mrs. Isabel Roughead, or Dickson, or Melrose, and William Melrose her Husband, Respondents in a Cause depending in this House, to which James Hunter is Appellant; praying, "That their Lordships will be pleased to order that the Petitioners may have Leave to lodge their Case, in Terms of their Lordships Standing Orders:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Cathcart v. Sir J. A. Cathcart & Ritchie, Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Sir John Andrew Cathcart Baronet and Henry Ritchie Esquire, Respondents in a Cause depending in this House, to which John Cathcart Esquire is Appellant; praying their Lordships, "That their Case may be now received:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Clyne v. Sclater et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Robert Sclater, and others, Respondents in a Cause depending in this House, to which David Clyne is Appellant; praying their Lordships "to grant them Leave to lodge their Case:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Bray v. Malkin et al. Respondents Petition to lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of Elizabeth Malkin, and others, Respondents in a Cause depending in this House, to which The Reverend Bidlake Bray is Appellant; praying their Lordships, "That they may be at liberty now to lay their Case on their Lordships Table, or deliver the same to the Clerk of the Parliaments for that Purpose, as if the Time allowed by the Standing Order of their Lordships House had not elapsed; and that the Appellant may not be allowed to put down this Appeal for Hearing ex-parte:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Cabbell et al. v. Brock, Respondent's Petition for an early Day, referred to Appeal Com ee.

Upon reading the Petition of James Brock, Respondent in a Cause depending in this House, to which William Burridge Cabbell, and others, are Appellants; praying their Lordships "to fix the Hearing of this Appeal on an early Day, as the Settlement of an extensive Bankruptcy is delayed until Judgment is pronounced in this Cause:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Burntisland Whale Fishing Co. et al. v. Trotter et al. Appellants Petition for an early Day, referred to Appeal Com ee.

Upon reading the Petition of The Burntisland Whale Fishing Company, and others, Appellants in a Cause depending in this House, to which William Trotter Esquire, and others, are Respondents; praying, "That their Lordships will be pleased to advance this Cause, and appoint it to be heard on an early Day, being a Question of supposed Nuisance:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Harris v. Kemble et al. Petition for an early Day, referred to Appeal Com ee.

Upon reading the Petition of Henry Harris, Appellant in a Cause depending in this House, and of Charles Kemble, John Saltren Willett and John Forbes, Three of the Respondents thereto; praying, "That their Lordships will be pleased to fix the earliest possible Day for the Hearing of this Appeal, the Rights and Interests of the Petitioners, and the other Proprietors of the Theatre Royal Covent Garden, as well as of the large Body of Claimants on the Property, remaining in a State of Suspence and Uncertainty pending this Appeal:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Baillie v. Grant, Respondent's Petition that Appeal may be revived, or dismissed, referred to Appeal Com ee.

Upon reading the Petition of Miss Margaret Grant, Respondent in a Cause depending in this House, to which Alexander Baillie, now deceased, was Appellant; praying their Lordships, "That an Order may be made upon Catharine Grant or Baillie, the Widow and Relict, and Catharine Baillie or Bigg, Mary Baillie, Margaret Baillie, Isabella Baillie and Sophia Baillie, the Children of the said Appellant Alexander Baillie deceased, to revive the said Appeal within a Time to be limited by their Lordships; and, that upon their failing so to do, the said Appeal may stand dismissed:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Flowerdew v. The Dundee, &c. Shipping Co. Appellant's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of William Allen Flowerdew, Appellant in a Cause depending in this House, to which The Dundee, Perth and London Shipping Company are Respondents; praying their Lordships, "That this Petition of Appeal may stand revived, and that he may be allowed Three Weeks further Time to lodge his Case:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Hunter v. Cochrane's Trustees, Appellant's Petition for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of George Hunter Esquire, Appellant in a Cause depending in this House, to which the Trustees of The Honorable Basil Cochrane are Respondents; praying their Lordships, "That this Appeal may stand revived, and that he may have a Month's Time to lodge his printed Case:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Dick v. Cuthbertson, et e con. Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of Donald Cuthbertson Esquire, Respondent in a Cause depending in this House, to which John Dick Esquire is Appellant, et e contra; praying their Lordships, "That the Cross Appeal may be revived, and that he may have Leave to lodge his printed Case in the Original and Cross Appeals:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

J. & W. Dixon v. The Monkland Navigation Co. et e con. Respondents Petition to revive Cross Appeal & lodge their Case, referred to Appeal Com ee.

Upon reading the Petition of The Monkland Navigation Company, Respondents in a Cause depending in this House, to which John and William Dixon Esquires are Appellants, et e contra; praying their Lordships, "That the Cross Appeal may be revived, and that the Petitioners may have Leave to lodge their printed Case in the Original and Cross Appeals:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Cathcart v. Sir J. A. Cathcart & Ritchie, (2d Appeal,) Appellant's Petition to hear both Causes together, referred to Appeal Com ee.

Upon reading the Petition of John Cathcart Esquire, Appellant in a Cause depending in this House, to which Sir John Andrew Cathcart Baronet and Henry Ritchie Esquire are Respondents; praying their Lordships, That this Cause may be set down for Hearing along with the First Appeal, between the same Parties, in the principal Cause:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Mrs. Turton's Petition for a Divorce Bill:

A Petition of Louisa Turton, the Wife of Thomas Edward Michell Turton Esquire; praying their Lordships, "That Leave may be given to bring in a Bill to dissolve her Marriage with Thomas Edward Michell Turton, and to enable her to marry again; and that she may have such other Relief in the Premises as this House shall think proper;" being offered to be presented to the House;

Production of a 2d Copy of the Ecclesiastical Proceedings, & Service of another Copy of the Bill on Mr. Turton's Proctor, dispensed with:

A Petition of the said Louisa Turton was presented and read; setting forth, "That on or about the 15th Day of March in the last Session of Parliament the Petitioner presented a Petition to their Lordships, stating, amongst other Things, That on or about the 2d Day of November 1812 the Petitioner intermarried with Thomas Edward Michell Turton, then of Lingfield, in the County of Surrey, and then at the Mauritius or elsewhere in the East Indies, Esquire: That the Petitioner and the said Thomas Edward Michell Turton, from the Time of their said Marriage, lived together as Man and Wife, until the Month of February 1824; but that there had been no Issue of their said Marriage: That in the Year 1822 the said Thomas Edward Michell Turton had formed and carried on an adulterous and incestuous Intercourse with Adeline Browne Spinster, the Sister of the Petitioner, and had continued to carry on and did still carry on such Intercourse: That being most anxious to avoid the Scandal and Disgrace that must have befallen the Family of the Petitioner from the Public Exposure of a Crime so atrocious, and to spare the Feelings of her aged Parents, and having Reason to believe, and believing, that the said Intercourse had been discontinued, the Petitioner was induced to remain in the Society of her said Husband until the Month of February 1824, when the Petitioner being satisfied that the said Thomas Edward Michell Turton intended to renew his Criminal Intercourse with the said Adeline Browne, withdrew herself from the House and Society of her said Husband, and had from that Time lived apart from her said Husband, and had not since cohabited with him, but had been under the Protection of the Father of her Husband the said Thomas Edward Michell Turton, and also of the Petitioner's own Father, under the Protection of the latter of whom the Petitioner then remained: That the Petitioner, on or about the 17th Day of July 1830, obtained a Definitive Sentence of Divorce from Bed and Board against the said Thomas Edward Michell Turton her Husband, in the Consistory Court of The Bishop of London, for Adultery with the said Adeline Browne: That the said Thomas Edward Michell Turton had not only by his adulterous Conduct dissolved the Bond of Marriage on his Part, and deprived the Petitioner of the Comforts of Matrimony, but had by the most atrocious Aggravation of the Crime of Adultery (such Adultery having been committed with the Sister of the Petitioner) precluded every possibility of Reconciliation; and praying their Lordships, that Leave might be given to bring in a Bill to dissolve her Marriage with the said Thomas Edward Michell Turton, and to enable her to marry again; and that she might have such other Relief in the Premises as this House should think proper. That the Petitioner on the same 15th Day of March presented to their Lordships a Bill to dissolve the Marriage of the Petitioner with her said Husband, and to enable the Petitioner to marry again, and for other Purposes therein mentioned; and at the same Time the Petitioner caused to be delivered at the Bar of this House examined Copies of the Original Libel, Depositions and Proceedings in the said Consistory Court, and of the Sentence of Divorce pronounced thereon, pursuant to one of the Standing Orders of their Lordships: That the said Bill was read a First Time, and ordered to be read a Second Time on the 30th Day of the same Month of March: That on the 16th Day of the same Month of March, on the Petition of the Petitioner, it was ordered, that the Service of an attested Copy of the Bill, and the Order for the Second Reading thereof, on the Proctor of the said Thomas Edward Michell Turton might be deemed good Service: That on the said 30th Day of March Counsel were heard at the Bar of this House in support of the Allegations in the said Bill; and the Second Reading was put off to the 20th Day of April then next: That on the said 20th Day of April Counsel were further heard, and Witnesses examined, and the Evidence ordered to be printed, and the further Consideration of the said Bill, and the Second Reading thereof, were adjourned to Monday the 25th Day of the same Month of April; but owing to the Prorogation of Parliament, which took place on the 22d of that Month, no further Proceedings could be had on the said Bill: That the Bill so presented by the Petitioner to their Lordships not having been further proceeded upon during the said Session, the Petitioner hath on this Day presented another Petition to their Lordships, praying, that Leave may be given to bring in a Bill to dissolve her Marriage with the said Thomas Edward Michell Turton, and to enable her to marry again; and that she may have such other Relief in the Premises as this House shall think proper: That the said Definitive Sentence of Divorce, and other Proceedings of the Consistory Court of London aforesaid, now remain unimpeached, unrepealed, and in full Force;" and therefore praying their Lordships, "That, in Consideration of the additional Expence to which the Petitioner will otherwise be put, and under the Circumstances of the Case, their Lordships will be pleased to dispense with the Order of the House for the Production by the Petitioner of another Copy of the said Depositions, Definitive Sentence of Divorce and other Proceedings in the said Consistory Court of The Bishop of London, and with the Service of another Copy of the said Bill upon the Proctor of the said Thomas Edward Michell Turton; and that their Lordships will please to permit to be read at the Bar of this House, in the several Proceedings of the Bill now proposed to be presented for dissolving the Marriage of the Petitioner with the said Thomas Edward Michell Turton, the said Copy of the Depositions, Definitive Sentence of Divorce and other Proceedings in the said Consistory Court of The Bishop of London, presented by or on behalf of the Petitioner with her said former Bill on the 15th Day of March last."

Ordered, That the Production by the Petitioner of another Copy of the said Depositions, Definitive Sentence of Divorce and other Proceedings in the said Consistory Court of The Bishop of London, and the Service of another Copy of the said Bill upon the Proctor of the said Thomas Edward Michell Turton, be dispensed with, as desired.

Then the first-mentioned Petition was presented and read.

Leave for a Divorce Bill:

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

Bill presented:

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Order for 2d Reading:

Ordered, That the said Bill be read a Second Time on Friday the 8th of July next; and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Louisa Turton may be heard by her Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Thomas Edward Michell Turton may have a Copy of the Bill, and that Notice be given him of the said Second Reading; and that he be at liberty to be heard by his Counsel what he may have to offer against the said Bill at the same Time.

Petitioner to attend.

Ordered, That Louisa Turton do attend this House on Friday the 8th of July next, in order to her being examined upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Louisa Turton with Thomas Edward Michell Turton her now Husband, and to enable the said Louisa Turton to marry again; and for other Purposes therein mentioned," if the House shall think fit, whether there has or has not been any Collusion, directly or indirectly, on her Part, relative to any Act of Adultery that may have been committed by her Husband; or whether there be any Collusion, directly or indirectly, between her and her Husband, or any other Person or Persons, touching the said Bill of Divorce, or touching any Proceedings or Sentence of Divorce had in the Ecclesiastical Court at her Suit, or touching any Action at Law which may have been brought by her against any Person for Criminal Conversation with her the said Louisa Turton's Husband; and also whether, at the Time of the Adultery of which she complains, her Husband was, by Deed, or otherwise by her Consent, living separate and apart from her, and released by her, as far as in her lies, from his conjugal Duty, or whether he was, at the Time of such Adultery, cohabiting with her.

Finlay et al. v. Whyte et al.

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

And thereupon an Affidavit of John Glassford Hopkirk, Clerk to His Majesty's Signet, of the due Service of the said Order, being read;

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

Orford's Petition referred to Judges.

Upon reading the Petition of Christian Anne Orford of the Town of Liverpool, in the County Palatine of Lancaster, on behalf of her infant Son William Orford; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Vaughan and Mr. Justice James Parke, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Hunter v. Gardner.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Hunter is Appellant, and George Gardner is Respondent:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quartum diem instantis Junii, horâ undecimâ Auroræ, Dominis sic decernentibus.