House of Lords Journal Volume 62: 6 July 1830

Die Martis, 6 Julii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

M'Gavin v. Stewart.

After hearing Counsel fully in the Cause wherein James M'Gavin is Appellant, and James Stewart is Respondent:

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

The House was adjourned during Pleasure.

The House was resumed by The Lord Tenterden, who sat Speaker by virtue of a former Commission.

Arms (Ireland) Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to regulate for One Year the Importation of Arms, Gunpowder and Ammunition into Ireland, and the making, removing, selling and keeping of Arms, Gunpowder and Ammunition in Ireland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Treasurer of the Navy Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to consolidate and amend the several Acts relating to the Office of Treasurer of His Majesty's Navy;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Ld. Mount Sandford's Estate Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

To return the Bill, intituled, "An Act to enable the Devisees under the last Will and Testament of The Right Honorable Henry Lord Mount Sandford, deceased, to make Leases of the Lands, Tenements and Hereditaments lately in the Possession of the said Henry Lord Mount Sandford, and devised by his said Will; and also to enable the said Devisees to execute a Conveyance to the Rector of Kilkevan of a certain Piece of Ground situate in the Parish of Kilkevan and County of Roscommon;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Spirits & Stamp Duties, & Taxes, (Ireland,) Petitions from Ballyraggett & Monaghan against Encrease of.

Upon reading the Petition of the Parishioners of Ballyraggett, in the County of Kilkenny, in Ireland, whose Names are thereunto subscribed; praying their Lordships "to refuse their Sanction to the ruinous Measures for placing additional Duties on Corn Spirits, and for assimilating the Duties on Stamps between Great Britain and Ireland:"

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

Upon reading the Petition of the Landed Proprietors, Clergy, Freeholders and Landholders of the County of Monaghan, whose Names are thereunto subscribed; praying their Lordships "not to adopt any of the Measures "for assimilating the Taxes in Great Britain and Ireland, or for encreasing the Duty on Corn Spirits without a corresponding Encrease of Duty on Rum:"

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

Beer Bill, Petitions against: (Norfolk, &c:)

Upon reading the Petition of the Licensed Victuallers and Publicans in the Counties of Norfolk and Cambridgeshire, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;" and praying their Lordships, That, in case the same should pass into a Law, Persons taking out a Licence for the Retail of Beer may not be permitted to allow the same to be drank in their respective Houses, or on any Part of their Premises:"

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

Plymouth, &c:

Upon reading the Petition of the Proprietors of Licensed Public Houses in Plymouth, Stonehouse, Devonport and their immediate Vicinities, in the County of Devon, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That, if an unlimited Number of Houses be permitted to sell Beer, they will either be pleased to prohibit its Consumption, as well as that of Cyder, Perry, Wine or Spirits, on the Premises proposed to be licensed by the Excise, and that Persons adulterating Beer or offending against their Licences (since no Recognizances will be required by the present Bill) may be subjected to heavy Penalties, and for a Second Offence be disqualified for ever thereafter to sell Beer, Cyder, Wine or Spirits, or that the present Proprietors of Licensed Public Houses may be indemnified by a Compensation for the Depreciation that will arise to their Property:"

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

Margate:

Upon reading the Petition of the Licensed Victuallers of the Town of Margate and Parish of Saint John's, Thanet, whose Names are thereunto subscribed:

Westcote:

Also, Upon reading the Petition of the Rector, Churchwardens and principal Inhabitants of the Parish of Westcote, in the County of Gloucester, whose Names are thereunto subscribed:

Little Risington:

And also, Upon reading the Petition of the Rector, Churchwarden and principal Inhabitants of the Parish of Little Risington, in the County of Gloucester, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and severally praying their Lordships, "That the same may not pass into a Law:"

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

R. Wason:

Upon reading the Petition of Rigby Wason of Ardmillan, in the County of Ayrshire, and Liverpool, in the County of Lancashire, Esquire; taking notice of the last-mentioned Bill, and praying, "That their Lordships will reject a Measure seriously affecting the Property of Individuals, and prejudicial to the best Interests of Society:"

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

Birmingham:

Upon reading the Petition of the Proprietors of Inns and Licensed Victualling Houses in the Town and Neighbourhood of Birmingham, in the County of Warwick, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying, "That their Lordships will be pleased to take the Subject into their most serious Consideration; and that the Sale of Beer by Retail, to be drank and consumed on the Premises where sold, may be restrained to such Houses only as shall be licensed by the Magistracy of the District of Place in which they are situate, and be subject to their Controul, and that such other Relief in the Premises may be given to the Petitioners, as to their Lordships may seem meet; and that the Petitioners may be heard by themselves, or their Counsel or Agents, at the Bar of this House, in support of this their Petition, and against the said Bill passing into a Law in its present Form:"

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

London:

Upon reading the Petition of the Proprietors and Occupiers of Public Houses in London and its Vicinity, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That they may be heard by themselves, their Counsel and Agents, at the Bar of this House, against the said Bill; and that the same may not pass into a Law:"

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

St. Botolph Aldgate:

Upon reading the Petition of the Inhabitants of the Parish of Saint Botolph Aldgate without, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That in passing the same into a Law they will introduce sufficient Restrictions to prevent the Consumption of Beer on the Premises where sold, except under proper Authority and Sanction:"

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

Haslingden:

Upon reading the Petition of the Owners and Occupiers of Public Houses in the Town of Haslingden and its Vicinity, in the County of Lancaster, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "by refusing their Sanction to the same, as far as relates to consuming Beer on the Premises where sold, to secure the Petitioners, in some Instances from material Loss, and in others from utter Ruin:"

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

Clergy, &c. Warwick:

Upon reading the Petition of the Clergy, Bankers and Inhabitants of the Borough of Warwick, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying, "That their Lordships, in passing the same into a Law, will take effectual Care to restrain the Sale of Beer, to be drank on the Premises where sold, to such Houses only as shall be under the Controul of the Magistracy of the District wherein they are situate:"

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

Victuallers, Warwick.

Upon reading the Petition of the Licensed Victuallers residing in the Borough of Warwick and Neighbourhood thereof, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That some Provision may be introduced into the same for compensating those who will be Sufferers from its Enactments; and, as many of the Petitioners cannot by the Time the Bill is intended to come into Operation have disposed of the whole of their Stock that has paid the Duty, they rely on the Justice of their Lordships, that they will not by any Measures deprive them of their Property, which has been acquired by honest Labour and Industry:"

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

Northern Roads Bill, Petition from Ayr in favor of.

Upon reading the Petition of the Noblemen, Freeholders, Justices of the Peace, Commissioners of Supply and Road Trustees of the County of Ayr, whose Names are thereunto subscribed; praying their Lordships, "That the Bill, intituled, "An Act for the Improvement of the Road between London and Edinburgh and London and Portpatrick, (and London and Portpatrick,) and for the further Improvement of the Road between London and Holyhead and London and Liverpool," may forthwith pass into a Law:"

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

Slavery, Petitions for Abolition of: (Crathorne:)

Upon reading the Petition of the Gentlemen and other Inhabitants of Crathorne, in the North Riding of Yorkshire, and its Vicinity, whose Names are thereunto subscribed:

Seamer:

And also, Upon reading the Petition of the Gentry, Clergy and other Inhabitants of the Parish of Seamer, in the North Riding of the County of York, whose Names are thereunto subscribed; severally praying their Lordships "to consider the Impolicy and Injustice of retaining in a State of Slavery so many Thousands of unoffending British Subjects, and to adopt such immediate and effective Measures as their Lordships Wisdom may deem suitable for the complete and speedy Abolition of Slavery in all the British Dominions, as indispensable to ensure the Temporal, Moral and Religious Improvement of the Negroes, as essential to the Dignity of the British Crown and the Integrity of the Constitution, as absolutely necessary for satisfying the almost unanimous Wishes of a Christian Public, and as the only Means of averting the righteous Displeasure of a compassionate, a just and an Almighty God:"

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

Yarm:

Upon reading the Petition of the Gentlemen, Merchants and other Inhabitants of Yarm, in the North Riding of Yorkshire, and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to adopt such further Measures as shall appear to their Lordships the best calculated to overcome the unreasonable local Opposition to the Abolition of Slavery in the West Indian and other Colonies of Great Britain, and to secure the immediate Amelioration, and, as early as possible (consistently with the Safety of all the Parties concerned,) the final and entire Abolition of Colonial Slavery:"

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

Hutton Rudby.

Upon reading the Petition of the Gentry, Clergy and other Inhabitants of Hutton Rudby, in the North Riding of the County of York, whose Names are thereunto subscribed; praying, "That their Lordships will not cease to pursue such Measures as will raise our Negro Fellow Subjects to the Possession and Enjoyment of that Civil and Religious Liberty of which they are unjustly deprived, and to which every Principle of our free Constitution and only Religion entitles them equally with ourselves:"

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

Rye Harbour Bill Specially reported.

The Earl of Radnor reported from the Lords Committees appointed to consider of the Bill, intituled, "An Act to amend an Act passed in the Forty-first Year of His late Majesty King George the Third, intituled, "An Act for more effectually improving and maintaining the old Harbour of Rye, in the County of Sussex;" and to appoint new Commissioners; and to enable the Commissioners to raise additional Funds on the Tolls, by way of Mortgage or otherwise;" "That the Committee had met, and considered the said Bill, and, in the first place, proceeded to enquire how far the Standing Orders of the House relative to Harbour Bills had been complied with, and found that the Standing Orders which affect this Bill had not been complied with, as it was stated to the Committee by the Solicitor for the Bill, that the Necessity for this Measure did not appear to the Promoters of the Bill until June last, which was long after the Period prescribed in the Standing Orders for Compliance with the same had elapsed; but it was proved to the Committee that Notice of the Bill had been inserted in the Newspaper intituled The Sussex Advertizer on the 14th and 21st of June last, and in The London Gazette on the 15th and 18th of June last, and also affixed on the Door of the Town Hall of Rye on the 30th of June last, pursuant to Leave granted by the House of Commons: The Witness further stated, that the Bill had in a great measure been considered by The House of Commons as a Public Measure; and it was proved to the Committee that the said Bill had been brought into that House by Order of the House, and not upon Petition; and that the Committee had gone through the Bill, and directed him to report the same to their Lordships, without any Amendment."

Which Report being read by the Clerk;

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

Rother Levels Drainage Bill Specially reported:

The Earl of Radnor also reported from the Lords Committees appointed to consider of the Bill, intituled, "An Act to amend an Act of the Seventh Year of His present Majesty, for more effectually draining and preserving certain Marsh Lands or Low Grounds in the Parishes of Sandhurst, Newenden, Rolvenden, Tenterden, Wittersham, Ebony, Woodchurch, Appledore and Stone, in the County of Kent, and Ticehurst, Salehurst, Bodiam, Ewhurst, Northiam, Beckly, Peasmarsh, Iden and Playden, in the County of Sussex;" and to whom was referred the Petition of certain Inhabitants, Shipowners, Merchants and Traders of the Town and Port of Rye, in the County of Sussex, whose Names are thereunto subscribed; praying their Lordships, "That the said Bill may not pass into a Law, and that the Petitioners may be heard by their Counsel, Solicitor or Agents, against such Parts of the said Bill as may affect their Rights and Interests;" and to whom were also referred certain Petitions in favor of the said Bill; "That the Committee had met, and considered the said Bill, and, in the first place, proceeded to enquire whether the Standing Orders relative to Navigation and Bridge Bills applied to this Bill; and the Committee were of Opinion, That, of the said Orders, the Standing Order No. 183, as far as it relates to Navigations, applied to this Bill; and the Committee then found, that Notice of the Bill had been inserted in the Newspaper called The Lewes Journal on the 26th of October and 2d and 9th of November last, and in Three Kentish Gazettes on the 3d, 10th and 17th of November last, but that no Notice of the Bill had been affixed on the Sessions House Doors at the Michaelmas or Epiphany Sessions; and it was stated to the Committee, as the Reason for such Omission, that the Parties did not conceive that the Bill was within the said Orders relating to Navigations of Rivers, as it merely gives Authority to cleanse out the River Rother so as to afford a more effectual Drainage of the Rother Levels, and not to take or use any Land; nor does it impose any Rates, Tolls or Duties whatever on the said River; and it was further stated, to prove that the Bill did not come within the Orders relating to Bridges, that the Bill gives Authority only to take down and rebuild Two Bridges, without any Tolls, Rates or Duties being imposed thereon; but it was proved to the Committee, that Notice of the Bill was affixed on the Church Doors of all the Parishes in which the Drainage is to take place, and wherein also the Two Bridges, and the Parts of the said River intended to be deepened, are situate, for Three Sundays in October and November last, so that the utmost Publicity has been given to the Measure: And that the Committee had heard Counsel, and examined Witnesses, for and against the said Bill, and had 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 their Lordships, with some Amendments."

Which Report being read by the Clerk;

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

Then the Amendments made by the Committee to the said Bill were read by the Clerk as follow; (viz ^t.)

"Pr. 1. L. 3. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

"Pr. 4. L. ult. Leave out ("Seven") and insert ("Ten")

"Pr. 6. L. 19. Leave out ("Fifty") and insert ("Sixty")

"Pr. 7. L. 4. Leave out from ("Act") to the first ("And") in Line 33, and insert Clauses A. and B.

"Clause A. And be it further enacted, That when and so soon as the Commissioners of the Harbour of Rye shall have so removed the Shoals in and so deepened the said Harbour between Scots-float Sluice and the outer Bar of the said Harbour that, upon admitting the Tide to the Depth of Ten Feet on the Floor of the said Sluice as herein-after mentioned, the Surface of Low Water of an ordinary Spring Tide can be reduced on the Seaward Side of the said Sluice to a Level corresponding with Five Feet Six Inches on the Floor of the said Sluice, it shall be the Duty of the Sluice Keeper, to be from Time to Time appointed by and under the Authority of the Commissioners acting under and by virtue of the said recited Act and this Act, to take charge of and manage the said Sluice, at the Period of Twenty Minutes after the Commencement of the Flux of every Tide at Scots-float Sluice, to open so many of the Scuttles of the said Sluice as shall be required to admit through the same, during the Remainder of the Flux of the same Tide, so much Water as shall be sufficient to raise the Water in the River Rother to the Level of not less than Ten Feet on the Floor of the said Sluice; and that the said Commissioners of Rother Levels shall at their own Expence make all such Embankments and do all such Works as may be necessary for protecting the Lands within the said Levels from being overflowed by the Admission of such Tidal Water; and in case the present Scuttles of the said Sluice shall at any Time hereafter prove insufficient for admitting the Water required, additional or new Scuttles shall be formed by and at the Expence of the Commissioners acting under and by virtue of the said recited Act and this Act: Provided always, that until the said Harbour shall be so deepened as hereinbefore mentioned, the said Sluice Keeper shall not be required or compellable to admit more of the Tidal Water through the said Sluice than will raise the Water in the said River to the Level of Eight Feet for the Purpose of Scour to the said Harbour Channel as herein-before mentioned on the Floor of the said Sluice, or such other higher Level, not exceeding Ten Feet, as can be reduced during the Ebb of One Tide to the said Level of Five Feet Six Inches; any thing in the said recited Act or Order therein mentioned to the contrary in anywise notwithstanding."

"Clause B. And be it further enacted, That if at any Time after the said Harbour of Rye shall have been so deepened and cleansed that the Tidal Water to be admitted into the said River Rother to the Height of Ten Feet on the Floor of the said Sluice can be reduced to a Level of Five Feet Six Inches during the Ebb of One Tide as aforesaid, it shall happen that the said Harbour or Harbour Channel below Scots-float Sluice shall from any Cause whatever become so silted, swarved or otherwise injured that the Tidal Water to be admitted into the River Rother as before mentioned cannot be reduced to the Level of Five Feet Six Inches on the Floor of the said Sluice during the Ebb of One Tide as aforesaid, the said Sluice Keeper at Scots-float, or the said Commissioners of the Rother Levels, shall not be required or compellable to raise the Tidal Water in the said River to the Level of Ten Feet, or to any higher Level than can be reduced to the Level of Five Feet Six Inches on the Floor of the said Sluice during the Ebb of One Tide as aforesaid, until the said Harbour or Harbour Channel shall be again deepened and cleansed by or at the Expence of the Commissioners of the said Harbour, in the Manner and to the Extent herein-before provided; it being the true Intent and Meaning of this Act that the said Commissioners of the Rother Levels shall not at any Time be required or compellable to admit more Tidal Water into the said River Rother than will raise the Water in the said River to the Level of Eight Feet on the Floor of the said Sluice, or such higher Level, not exceeding Ten Feet on the Flux of any Tide, as can be reduced to the Level of Five Feet Six Inches on the said Floor during the Ebb of an ordinary Spring Tide."

"Pr. 8. L. 20. Leave out from ("Act") to ("And") in Press 9, Line 8, and insert Clauses C. and D.

"Clause C. And whereas great Damage has lately been done to the said Sluice called Scots-float Sluice, and the Sluicing or Scouring Gates lately erected, and also to the Bridge over the said Sluice; be it further enacted, That the said Commissioners of the said Levels shall within Two Months from the passing of this Act repair the said Sluice, so that it shall be made navigable for Barges passing into and from the said River Rother, in the same Manner as it existed previous to such Damage being done; and that the Transome Beams and Bridge to be re-constructed over or across such Sluice shall be of the same Height as they respectively were previous to such Damage as aforesaid."

"Clause D. And whereas, in consequence of the Damage lately done to the said Sluice, and the great Hazard of weakening the same by raising the Transome Beams and Bridge, it is considered more expedient and advisable, both for the Navigation on the said River Rother and the Drainage of the said Levels, that the said Commissioners should construct a new navigable Run for the Passage of Barges by the Side instead of in the Centre of the said Sluice as at present; be it further enacted, That the said Commissioners shall and they are hereby required, on or before the First Day of October One thousand eight hundred and thirty-one, to construct on the South-eastern Side of the said Sluice called Scots-float a navigable Channel and Lock for the Passage of Barges to and from the said River Rother and Harbour of Rye, such navigable Lock not being less than Fourteen Feet wide, Sixty Feet long, and of the same Depth as the Cill of the Gates of the present navigable Run, and to erect a fixed Bridge over such Channel on the Landward Side of the Landward Gates of such Lock, the Underside of such Bridge being of the same Height as the Underside of the Transome Beams lately standing across the said Sluice, but that no Transome or other Beams shall be placed over or across the said Lock, nor to the Seaward of the same; and that when such new Lock shall be completed, the Right of Navigation through the present Sluice shall cease and determine; and that the said Sluice called Scots-float Sluice, when so repaired and used as herein-before is mentioned, and the said new Lock, when erected as aforesaid, shall be and be deemed the lawful Sluice of that Part of the said River Rother; any thing in the said recited Act of the Seventh Year of the Reign of His late Majesty, or the said Verdict, Order or Decree therein recited, to the contrary notwithstanding."

"Pr. 9. L. 19. After ("Purpose") insert Clause E.

"Clause E. And be it further enacted, That when and so soon as the said Harbour shall have been so deepened as aforesaid that the Tidal Water when admitted to the Level of Ten Feet can be reduced below the Level of Five Feet Six Inches on the Floor of the said Sluice during the Ebb of One Tide, in manner aforesaid, the said Commissioners of the Rother Levels shall and they are hereby required, upon Application being made to them for such Purpose by the Commissioners of the said Harbour, to make and put down Stop Gates in each of the Runs of the said Sluice, for the Purpose of preserving the Water in the said River Rother to the Level of Five Feet Six Inches on the Floor of the said Sluice; and that it shall also be the Duty of the said Sluice Keeper, upon the like Application, and so often as the said Commissioners of the Harbour shall direct, to shut the said lastmentioned Gates when the Water shall have so ebbed off that the Surface is within Five Feet Six Inches of the Floor of the said Sluice."

"In the Title of the Bill:

"L. 1. Leave out from ("Act") to ("of") in Line 2, and in Line 2 leave out ("present") and insert ("late")

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

Petition against it.

Upon reading the Petition of the Proprietors and Occupiers of Land bordering upon and sewing into the River Brede, and through the same into the Harbour of Rye, in the County of Sussex, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That a Clause or Clauses may be inserted in the same which may enable the Petitioners to carry into Effect such Works as may restore the Sewage of the Lands in Question, and likewise the Navigation of the said River Brede to its ancient State; which Sewage and Navigation, when restored, will not only be of the greatest Importance to the Health of the neighbouring Population, but also highly advantageous to the Harbour of Rye; and that they may be heard by themselves, or Counsel and Agents, as to the Premises:"

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

Commelin Harbour Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for establishing and maintaining the Harbour of Port Crommelin, in the Bay of Cushendun, in the County of Antrim," 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."

Slave Bounties Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to reduce the Rate of Bounties payable upon the Seizure of Slaves."

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

"Pr. 1. L. 3. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

"L. 5. Leave out ("whereas")

"L. 8. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

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

Newborough Church Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for endowing the Parish Church of Newborough, in the County of Northampton, and Three Chapels called Portland Chapel, Oxford Chapel and Welbeck Chapel, situate in the Parish of Saint Mary-le-bone, in the County of Middlesex, and also a Chapel erected on Sunk Island, in the River Humber."

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

"Pr. 3. L. 17. Leave out ("present")

"Pr. 11. L. ult. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

"Pr. 12. L. 9. Leave out ("present") and insert ("said late")

"Pr. 17. L. 31. Leave ("Half")

"Pr. 37. L. 36. In the Interlineation leave out ("Right") and insert ("Most")

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

Meltham Inclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act of King George the Third, intituled, "An Act for inclosing Lands in the Manor of Meltham, in the Parish of Almondbury, in the West Riding of the County of York."

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

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

Greenwich Improvement Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Improvement of the Town of Greenwich, in the County of Kent, and for the better Regulation of Roan's Charity there."

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

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

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

Insolvent Debtors (Ireland) Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue for One Year, and from thence until the End of the then next Session of Parliament, the Acts for the Relief of Insolvent Debtors in Ireland."

Ordered, That the said Bill be committed to a Committee of the Whole House.

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

Shubenaccadie Canal Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to authorize the Advance of a certain Sum out of the Consolidated Fund, for the Completion of the Shubenaccadie Canal in Nova Scotia."

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

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by the former Messengers;

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

Capital Punishment (Scotland) Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend an Act of the Ninth Year of His present Majesty, to facilitate Criminal Trials in Scotland; and to abridge the Period now required between the pronouncing of Sentence and Execution thereof, in Cases importing a Capital Punishment."

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

A Message was sent to the House of Commons, by the former Messengers;

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

Assessed Taxes Composition Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue Compositions for Assessed Taxes for a further Term of One Year, and to grant Relief from and alter and repeal the said Duties in certain Cases."

Ordered, That the said Bill be committed to a Committee of the Whole House.

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

Surrey Coal Meters Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue, until the Fifth Day of July One thousand eight hundred and thirty-one, an Act passed in the Ninth Year of His late Majesty's Reign, to enable His Majesty's Justices of the Peace for the County of Surrey to nominate and appoint Two or more Persons to act as Principal Land Coal Meters within and for the several Places therein mentioned."

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

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

Netterville Peerage, Com ee to meet.

Ordered, That the Committee for Privileges to whom the Petition of James Netterville Esquire, of Frehane, late of Coarsefield, in the County of Mayo, in Ireland, to His Majesty, praying His Majesty, "That the Title, Dignity and Honour of Viscount Netterville, of the Kingdom of Ireland, may be declared and adjudged to belong to the Petitioner," together with His Majesty's Reference thereof to this House, and the Report of The Attorney and Solicitor General for Ireland, and also the Report of The Solicitor General for England, thereunto annexed, stands referred, do meet to consider further of the said Claim To-morrow; and that Notice thereof be given to His Majesty's Attorney General for England, and also to His Majesty's Attorney and Solicitor General for Ireland.

Army Pensions Bill.

Ordered, That the Bill, intituled, "An Act to make further Regulations with respect to Army Pensions," be read a Second Time To-morrow.

County Rates (Ireland) Bill.

Ordered, That the Bill, intituled, "An Act to regulate the Applotment of County Rates and Cesses in Ireland in certain Cases," be read a Second Time Tomorrow.

Fees, Common Law Courts, Bill.

Ordered, That the Bill, intituled, "An Act for regulating the Receipt and future Appropriation of Fees and Emoluments receivable by Officers of the Superior Courts of Common Law," be read a Second Time Tomorrow.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Bromley v. Rocher & Casanas, in Error.

The Lord Tenterden, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein

William Bromley is Plaintiff, and George Marcellus Rocher and Michael Casanas are Defendants.

Court of Session Bill, Petitions against: (Mid Lothian:)

Upon reading the Petition of the Noblemen, Freeholders, Justices of the Peace and Commissioners of Supply of the County of Mid Lothian, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act for uniting the Benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments of Scotland;" and praying their Lordships, "That the same may not be allowed to pass during the present Session of Parliament, that Time may be given to the Country for the fullest Consideration of it:"

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

Faculty of Procurators, Glasgow:

Upon reading the Petition of the Faculty of Procurators of Glasgow, under their Common Seal; taking notice of the last-mentioned Bill, and praying their Lordships, "in passing the same into a Law, to make such Additions thereto, and such Alterations thereon, as shall carry into effect the Objects of the said Petition:"

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

Society of Solicitors of Commissary Court of Scotland.

Upon reading the Petition of the Incorporated Society of Solicitors practising before the Commissary or Consistorial Court of Scotland, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That either no Alteration may be made in the Constitution of the Consistorial Court of Scotland, which shall have the Effect of abolishing it as a Court of Justice, and of destroying or materially limiting its Cognizance of Actions hitherto peculiar to it; or, if any such Alteration shall be deemed expedient, that Provision may be made, in the said Bill or otherwise, for making Compensation to the Petitioners for the Losses they may sustain in consequence of such Alteration; and that they may be heard by themselves, their Counsel or Agents and Witnesses, against such Part or Parts of the said Bill as affect their Rights or Interests; and that the same may not pass into a Law as it now stands:"

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

Fees Abolition on Demise of the Crown Bill.

A Message was brought from the House of Commons, by Mr. Hume and others;

With a Bill, intituled, "An Act to abolish certain Fees and Stamp Duties chargeable on the Renewal of all Appointments, Commissions, Grants, Pensions and Patents consequent on the Demise of the Crown;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Court of Session Bill.

Ordered, That the Bill, intituled, "An Act for uniting the Benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments of Scotland," be read a Second Time on Friday next; and that the Lords be summoned.

Surrey Coal Meters Bill, Petition against.

Upon reading the Petition of Thomas Bradfield of Derby Street, in the Parish of Saint Margaret, in the City and Liberty of Westminster, taking notice of a Bill depending in this House, intituled, "An Act to continue, until the Fifth Day of July One thousand eight hundred and thirty-one, an Act passed in the Ninth Year of His late Majesty's Reign, to enable His Majesty's Justices of the Peace for the County of Surrey to nominate and appoint Two or more Persons to act as Principal Land Coal Meters within and for the several Places therein mentioned;" and praying their Lordships "not to allow the further Progress of the same, at least until the Report from the Select Committee of this House appointed to take into Consideration the State of the Coal Trade shall have been made known to their Lordships;" and further praying their Lordships, "That the Magistrates should not have the appointing of the Meters, but rather the Lords of His Majesty's Treasury; and lastly, That the Petitioner may be heard, either by himself, Counsel or Agent, as their Lordships may deem meet:"

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

Rights of Executors Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making better Provision for the Disposal of the undisposed-of Residues of the Effects of Testators."

Ordered, That the said Bill be committed to a Committee of the Whole House.

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

Beer Bill.

The Order of the Day being read for the Second Reading of the Bill intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;" and for the Lords to be summoned;

It was moved, "That the said Bill be now read a Second Time."

Which being objected to;

It was moved, "to leave out from ("be") to the End of the Motion, and to insert ("read a Second Time on Tuesday next; and that a Select Committee be appointed to enquire into the Laws and Regulations which restrict the Sale of Beer by Retail, and to report their Observations thereupon to the House.")

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Motion?"

It was resolved in the Affirmative.

Then the Question was put, "That the said Bill be now read a Second Time?"

It was resolved in the Affirmative.

The said Bill was accordingly read a Second Time.

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill on Thursday next; and that the Lords be summoned.

East Retford Election Bill.

The Order of the Day being read for the further Consideration and Second Reading of the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford;" and for the Lords to be summoned; and for permitting Counsel to examine Witnesses in support of the Bill; and for hearing Counsel on the Petition of the Burgesses of the Borough of East Retford, in the County of Nottingham, whose Names are thereunto subscribed, praying their Lordships, "That the said Bill may not pass into a Law;"

Counsel were accordingly called in.

Mr. Adam stated, "That he was about to call Evidence to prove that the State of Mind of Darker Parker was such as to render it unfit to call him, to prevent any Inference being drawn from his Non-examination."

Then Worthington Thomas Gylby was called in; and having been sworn, was examined as follows:

(Mr. Adam.) "I believe you are a Surgeon?"

"I am."

"Do you reside at Retford?"

"I do."

"Have you been long in Business there as a Surgeon?"

"About Twelve Years."

"Are you acquainted with Mr. Darker Parker?"

"I am."

"Have you been long in Medical Attendance upon him?"

"During the whole of the Time I have been at Retford."

"Have you seen him lately?"

"Very lately."

"Have you seen him in the course of To-day or Yesterday?"

"Yesterday."

"Has Mr. Parker been afflicted with any Malady?"

"He has been very severely afflicted."

"With what?"

"Apoplectic Symptoms."

"Have those had such an Effect upon his Memory as, in your Judgment, to disqualify him from giving Evidence?"

"I am of that Opinion."

"Could he appear with Safety to his Health?"

"I think an Examination at your Lordships Bar might contribute very materially to excite him, and bring on the Attack, of which he has had several; he has lain for several Days without being in a State to know any thing; it has been necessary to open the Temporal Artery."

(By a Lord.) "You think that the calling him as a Witness will be likely to produce this Effect?"

"I think it very likely indeed, and his Memory is very much affected by repeated Attacks he has had; I have attended him under Three or Four very serious ones; I do not think his Memory will serve him to rely upon at all."

The Witness was directed to withdraw.

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

(Mr. Adam.) "Your Name is Edward Ogle?"

"Yes."

"Are you a Freeman of Retford?"

"Yes."

"How long have you been so?"

"About Thirty Years."

"What is your Business?"

"A Tailor."

"Where do you live?"

"In Cannongate, in the Corporation of East Retford."

"Where did you live in the Year 1826; did you live at Retford then?"

"At Retford; I believe."

"Did you ever live at Nottingham?"

"Yes."

"How long have you lived at Retford since you returned to live there?"

"Two Years last April."

"In 1826 did you know Mr. Hornby; Mr. John Hornby?"

"Yes, Lawyer Hornby; I did know him."

"Lawyer Hornby of Retford?"

"Yes."

"He that was Agent for Sir Henry Wright Wilson?"

"Yes."

"Did Lawyer Hornby ever canvass you at Nottingham?"

"No."

"Did he ever canvass you anywhere?"

"He never asked me for my Vote."

"I ask you whether Lawyer Hornby ever canvassed you?"

"He never did."

"Did you ever make any Application to Lawyer Hornby for Money?"

"Why, I did, on account of my Work; I worked for him."

"Did you make Application to Lawyer Hornby for Money on account of your Work?"

"Yes."

"You are a Tailor?"

"I am."

"Did Lawyer Hornby employ you in your Business as a Tailor?"

"Yes."

"What for?"

"To work in his House at Day's Work; Two Shillings a Day and my Victuals."

"How many Days did you work for the Lawyer?"

"Four Days."

"Did he forget to pay you?"

"He did; I had done my Work; but I went several Times for it before I got paid."

"Did you get paid at last?"

"I did."

"Had you applied to him for Money on account of your Work?"

"I had."

"Have you ever applied to him for Money on account of any Election?"

"Never in my Life."

"Have you ever applied for Money in respect of your being a Freeman?"

"Never; but I did some more Work for him after that."

"After what?"

"After I did that Four Days Work; I must tell you all; I did that Work at my own House."

"Did you ever make any Livery for a Footboy?"

"Why, I did some Work for his Boy, but it was not Livery; I made some Clothes out of his for the Boy."

"You cut up the Lawyer's Clothes to make a Suit for the Boy?"

"Yes."

"Were you ever paid for making up the Lawyer's Clothes?"

"Why, I had a great deal of Trouble to get that."

"Did you ever apply to him for any Money, except in the way of your Business?"

"Never in my Life."

"Did you ever apply to him for any Money which you were to repay?"

"Never; what he paid me I earned."

"How did you vote?"

"I did not vote at all."

"Did you ever apply to Mr. Hornby to promise you any Money?"

"No; I never asked him the Question."

"Neither to give you Money, nor make an Engagement for Money?"

"No, never in my Life."

"Did you ever promise your Vote to any body?"

"My Vote I did, but I did not vote."

"Though you did not give your Vote, perhaps you promised it?"

"Yes."

"Whom did you promise it to, if you promised it to any body; did you promise your Vote?"

"Yes, I did promise my Vote."

"To whom did you give your Promise?"

"I gave it to Dundas and Wrightson."

"But you did not in the End vote for them?"

"I did not vote at all."

Cross-examined by Mr. Law.

"Do you recollect the Election of Crawford and Jaffray in 1802?"

"Yes; I recollect the Election of Crawford and Jaffray."

"Did you vote for either of those Persons?"

"To the best of my Knowledge, I voted for Crawford and Jaffray."

"Do you recollect Mr. Nathaniel Mason?"

"I recollect him."

"Did he send for you; you were a Tailor then too, were not you?"

"Yes; I was a Tailor then."

"Did he send for you at that Election?"

"Send for me! what for?"

"Was he interested for Crawford and Jaffray?"

"Yes; he was their Agent."

"Did he send for you to exercise your Talent at tailoring at that Election; do you recollect being asked to measure a Sow and Pigs at that Election?"

"There were a many Burlesques."

"Was that one?"

"Yes."

"Were you sent for to make them?"

"Yes."

"Did you make them?"

"No, I did not; nor yet measure them."

Re-examined by Mr. Adam.

"In whose Interest was Nathaniel Mason?"

"The Duke of Newcastle's."

"Was it the Duke's Sow and Pigs you were to measure?"

"Why, it was his own, I believe; I might have gone a long Way to measure the Duke's."

"What was Mason; what was his Business?"

"He was an Attorney."

"Did he live in the Town?"

"He did."

"Was he Steward to the Duke?"

"Not as I know of."

"How do you know that he was Agent for Crawford and Jaffray?"

"Why, I know no more than what was said, that he was Agent, and he acted."

"Did Crawford and Jaffray stand on the same Interest?"

"Why, I understood they came in The Duke of Newcastle's Interest."

"Did they both come in the Duke's Interest; Crawford we have heard did come on the Duke's Interest, but did Jaffray come on the Duke's Interest?"

"For any thing I know they were both in the same Interest."

"Did you ever see Nathaniel Mason, except on one of those Burlesques you speak of about measuring the Pigs?"

"Did I ever see him?"

"About Election Matters I mean?"

"I saw him every Day."

"Did you ever see him at the Vine Public House?"

"Not as I know of."

"You know the Vine?"

"Yes, I do; but I do not know that I ever saw him particularly at the Vine; it is a long Time ago."

"Do you not recollect one Time Nathaniel Mason, whom you call the Agent for Crawford and Jaffray, being at the Vine Public House?"

"I do not recollect that."

"Do you recollect seeing him at any Public House?"

"Well, I may have seen him at some Public House; it is a long Time since; I cannot say particularly that I did, to speak the Truth."

"Do you not remember one Evening seeing Nathaniel Mason at any Public House; it may be another Sign, not the Vine?"

"Well, I do not recollect."

"You are sure of that?"

"Well, I am sure of that."

"Was there any thing very particular about Mason; was he an odd Man - a funny Man? He proposed, you say, about these Pigs?"

"There was a great deal of laughing and joking."

"Did he like a Joke?"

"Yes."

"State whether you recollect, as he loved a Joke, seeing him at a Public House?"

"No, I do not at all; I cannot call it to Mind."

The Witness was directed to withdraw.

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

(Mr. Alderson.) "Are you a Freeman of East Retford?"

"No."

"What are you?"

"I am an Innkeeper; I keep the White Hart at East Retford."

"How long have you kept it?"

"Twelve Years."

"Who is your Landlord?"

"The House belongs to myself."

"Is it the principal House in the Town?"

"Yes."

"Do you know a Gentleman of the Name of Ogilvy?"

"Yes."

"Do you recollect his coming to Retford at any Time in the Year of our Lord 1826?"

"I do."

"In what Way did he come?"

"I think he came by Coach."

"Did he come to your House?"

"Yes, he did."

"For what Purpose did he come to East Retford?"

"He came to canvass the Burgesses."

"When was it that he came to canvass the Burgesses?"

"I think it was on a Saturday that he came."

"In what Month was it?"

In March, I think."

"It was before the Election of course; how long before the Election was it?"

"If you will give me Leave, I will look." (The Witness referred to a Paper.)

"Was that Memorandum made at the Time, or taken from your Books?"

"Yes; it was March the 4th, I see."

"On what Day was the Election?"

"That I cannot say."

"Was it some Time afterwards?"

"Yes; some Time afterwards."

"How long did he stay at your House?"

"About Five Days."

"Canvassing the Electors?"

"Yes."

"Do you remember, on the last Day of his staying, that he was not quite so flush of Money as he had been?"

"He appeared to me to have nothing at all; no Money at all."

"What did he say about it?"

"There were many that were waiting for their Bills to be paid at the Time, and he sent for me."

"Who were the Persons who were waiting for their Bills to be paid to them?"

"There were the Publicans in the Town."

"Tell me their Names?"

"I cannot enumerate them all."

"Perhaps you can name the Houses?"

"There was Barlow's for one."

"What does he keep?"

"The Marquis of Granby."

"What was the other?"

"I think there was Howes'; and the Swan was another."

"What else?"

"There was the Bulchers Arms was another."

"Any other?"

"Yes, there was several others; but I cannot recollect."

"The Marquis of Granby, Howes', the Swan and the Butchers Arms were waiting for Mr. Ogilvy on those Days?"

"They were waiting for their Bills to be paid."

"Those were Bills for Beer that had been given to the Voters?"

"Yes; and there were the Ringers."

"For having rang him in?"

"Yes."

"Who were the Ringers; were they the Ringers of the Bells?"

"Yes, Ringers of the Bells."

"All those People were waiting for him, were they?"

"Yes, they were."

"How much altogether might their Bills amount to?"

"I am sure I cannot exactly say."

"No great thing, was it?"

"No; I should think it was under Thirty Pounds, or about Thirty Pounds; I cannot say exactly."

"How much altogether was wanted to let him out of Retford?"

"My Bill, and all together, I think, was about Seventy Pounds; somewhere thereabouts."

"Did Mr. Ogilvy pay the Seventy Pounds?"

"He did afterwards."

"Did he at the Time?"

"No, he did not."

"What did he do?"

"He sent for me into the Room, and said he was very much put about in consequence of his Solicitor not coming into the Town."

Mr. Law submitted, "That this Evidence did not apply in contradiction to any Evidence which had been given."

Mr. Alderson was heard in support of the Evidence, and stated, "That it was material, to show the sort of Person Mr. Ogilvy was, and the nature of his Conduct in the Town."

(The Witness.) "There was no Deposit made by Mr. Ogilvy."

Mr. Law withdrew his Objection to the Evidence.

The Counsel were informed, "That it appeared more regular first to examine Mr. Ogilvy to the Facts as to which it was proposed to produce Contradictions to his Evidence."

The Witness was directed to withdraw.

The Counsel were directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off till Friday next; and that the Lords be summoned.

Richardson to enter into a Recogee on D. of Hamilton's Appeal.

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.

22d Report of Comrs of Revenue Inquiry, Ordered.

Ordered, That there be laid before this House, "A Copy of the Twenty-second Report of the Commissioners of Revenue Inquiry."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem instantis Julii, horâ deciâma Auroræ, Dominis sic decernentibus.