House of Lords Journal Volume 62
5 April 1830

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'House of Lords Journal Volume 62: 5 April 1830', Journal of the House of Lords: volume 62: 1830, pp. 193-198. URL: http://british-history.ac.uk/report.aspx?compid=16330 Date accessed: 22 October 2014.


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Contents

Die Lunæ, 5 Aprilis 1830.
Ld. Provost, &c. of Edinburgh v. Mac Donald. Trustees of Stonehaven Harbour v. Sir A. Keith. Carmichael et al. v. Willson, et e con. Sir J. Montgomery et al. v. Maxwell. Denchfield et al. v. Strong: Decree Affirmed, with Costs. Com rs of Charitable Donations et al. v. Harris et al. Hindoo Widows, Petition from Preston against the Practice of burning, &c. referred to East India Com ee. Labourers Wages, Petition from Tipton respecting. Distress of the Country, Petition from Haslingden respecting. Spirits, Petition of J. R. Williams to prevent improper Use of. East India, &c. Trade, Petitions for opening, referred to East India Com ee (Taunton:) Merchant Co. of Leith: Hanley & Shelton: Ld. Provost, &c. of Glasgow: Batley: Idle: Eccleshill: Bolton. Lords summoned. Order for Lords to be summoned, discharged. Lords summoned. Wootton Bassett Road Bill. Berwick Light Dues Bill. Merlin's Bridge Road Bill. Werneth, &c. Roads Bill. Freight, &c. on East India Co's China Trade, Account of, delivered, & referred to East India Com ee. Suits in Equity Bill. Highgate Grammar School Bill: Message of H.C. with it. Brecon, &c. Roads Bill: Carmarthen Roads Bill: Messages to H.C. that the Lords have agreed to the 2 preceding Bills. Haddenham Inclosure Bill: Message to H.C. with Amendments to it. Bolton Road Bill. Axmouth Harbour Bill. Edenfield Roads Bill. Neroche Forest Inclosure Bill. Shakerley's Divorce Bill. Rawlings's Petition for a Bill, Dyer to attend the Judges on. Contempt in Equity Bill. Lunatics Property Bill. Property in Infants Bill. 20th Report on Charities, Address for. Fee Fund of the Court of Session, Address for Account of. Liverpool Improvement Bill. Liverpool Docks Bill. D'Oyly's Divorce Bill, Witnesses to attend. 6th Report from Appeal Com ee. D. of Argyll & Lord J. Campbell Leave for a Bill: Bill read. Criminal Laws, Petition from York for Alteration of. Welsh Iron & Mining Co.'s Petition to change Reference to the Judges. Sir G. Noel v. Rochfort et al. Mac Pherson v. Cameron et al. Pentland v. Booth & Dickson, Order as to the Recog ee. Sir J. Murray's et al. Petition to present Apeal referred to Com ee Coals carried Coastwise, Petition of Coal Owners,&c of the River Dee for Repeal of Duty on referred to Com ee on the Coal Trade. Coals, Accounts respecting, Ordered. St. Giles & St. George Bloomsbury Vestry Bill, read 2 a & committed. Order for considering Standing Orders Nos.26 & 155 on it, discharged. Mackay v. Davidson & Wilson. Sir J. Montgomery et al. v. M. of Queensberry, & Selkrig, Petition for an early Day, referred to Appeal Com ee. Adjourn.

Die Lunæ, 5 Aprilis 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Ds. Lyndhurst, Cancellarius.
Archiep. Ebor.
Epus. Londinen.
Epus. Glocestr.
Epus. Bristol.
Epus. Roffen.
Epus. Landaven.
Ds. Teynham.
Ds. Saltoun.
Ds. Napier.
Ds. Montagu.
Ds. Calthorpe.
Ds. Arden.
Ds. Mont Eagle.
Ds. Melbourne.
Ds. Prudhoe.
Ds. Glenlyon.
Ds. Penshurst.
Ds. Wallace.
Ds. Wynford.
Comes Rosslyn, C. P. S.
Dux Wellington.
Comes Derby.
Comes Carlisle.
Comes Doncaster.
Comes Shaftesbury.
Comes Rosebery.
Comes Norwich.
Comes Malmesbury.
Comes Caledon.
Comes Harrowby.
Comes Beauchamp.
Comes Howe.
Comes Cawdor.
Vicecom. Melville.
Vicecom. Goderich.

PRAYERS.

Ld. Provost, &c. of Edinburgh v. Mac Donald.

The Answer of William Macdonald Esquire, of Powderhall, to the Petition and Appeal of The Right Honorable Walter Brown, Lord Provost of the City of Edinburgh, and others, Feoffees in Trust, and Governors of George Heriot's Hospital, was this Day brought in.

Trustees of Stonehaven Harbour v. Sir A. Keith.

As was also, The Answer of Sir Alexander Keith of Dunnottar, Knight Mareschal of Scotland, to the Petition and Appeal of the Trustees and Commissioners appointed under an Act of Parliament passed in the Sixth Year of the Reign of His present Majesty, Cap. 54, intituled, "An Act for improving and maintaining the Harbour of the Burgh of Barony of Stonehaven," &c.; and of James Tindal their Clerk.

Carmichael et al. v. Willson, et e con.

The House proceeded to take into further Consideration the Cause wherein Jane Carmichael, and others, are Appellants, and Thomas Willson Esquire is Respondent, et e contra:

And Consideration being had thereof;

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

Sir J. Montgomery et al. v. Maxwell.

After hearing Counsel fully in the Cause wherein Sir James Montgomery Baronet, and others, are Appellants, and Mackill Maxwell is Respondent:

It is Ordered, That the further Consideration of the said Cause be put off to the first Day after the Recess at Easter.

Denchfield et al. v. Strong:

After hearing Counsel this Day upon the Petition and Appeal of John Denchfield, Augustus Lines and Molly Lucas, complaining of a Decree of the Court of Exchequer of the 18th of November 1828; and praying, "That the same might be reversed, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of The Reverend Philip Strong Clerk put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree Affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House, and that the Decree therein complained of, be, and the same is hereby Affirmed: And it is further Ordered, That the Appellants do pay or cause to be paid to the said Respondent the Sum of Fifty Pounds, for his Costs in respect of the said Appeal.

Com rs of Charitable Donations et al. v. Harris et al.

Counsel (according to Order) were called in to be heard in the Cause wherein The Commissioners of Charitable Donations, and others, are Appellants, and Thomas Harris, and others, are Respondents:

And the first Counsel for the Appellants being in Part heard;

And it appearing that the Pleadings and Proceedings in the Court of Chancery in Ireland, in the said Cause, had not been delivered in on behalf of the Appellants;

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off to the first Day for hearing Irish Causes after the Recess at Easter, and that the Appellants do pay to the Respondents the Costs of the Day.

Hindoo Widows, Petition from Preston against the Practice of burning, &c. referred to East India Com ee.

Upon reading the Petition of the Members of the Church and Congregation assembling for Divine Worship in the Independent Chapel, Cannon Street, Preston, and others friendly to the Diffusion of Christianity in India, whose Names are thereunto subscribed; praying their Lordships, "That such Measures may be adopted as will effectually put a Stop to the burning of Widows, the Destruction of Infants by their Parents, and the Perpetration of Murder in every other Form throughout His Majesty's Asiatic Possessions; and that in such Measures as may be deemed advisable to regulate the future Intercourse of British Subjects with India and China, nothing may be done which shall in any Degree restrain the Efforts of Christian Enterprize in conveying the Knowledge of Christianity to the Natives of China, and that every possible Facility may be granted to its peaceable Spread in every Part of the British Dominions in India:"

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

Ordered, That the said Petition be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Labourers Wages, Petition from Tipton respecting.

Upon reading the Petition of the Inhabitants of the Parish of Tipton, in the County of Stafford, whose Names are thereunto subscribed; praying, "That their Lordships will adopt such Means to compel the due Payment of Labourers Wages in Money only, and otherwise remedy the existing Evils occasioned by their being paid in Provisions and other Articles, in such Manner as may be thought most expedient:"

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

Distress of the Country, Petition from Haslingden respecting.

Upon reading the Petition of the Inhabitants of the Town of Haslingden and its Vicinity, in the County of Lancaster, whose Names are thereunto subscribed; praying their Lordships "to continue to give anxious Consideration to the present unexampled Distress of the Manufacturing Portion of the Community, and to adopt such Measures as will most speedily and effectually place the Two great Interests of the Country upon such a relative Footing as will be most likely to restore solid and permanent Prosperity to the Nation at large:"

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

Spirits, Petition of J. R. Williams to prevent improper Use of.

Upon reading the Petition of James Rice Williams of Lee, in the County of Kent, Esquire; praying their Lordships "to take into serious Consideration the dreadful Custom of drinking Spirits, adopted by the lower Classes of all Descriptions, of both Sexes and of all Ages, and refer it to any Committee already appointed or to be hereafter appointed, to make Enquiry into the tremendous Evils occasioned by such Practice:"

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

East India, &c. Trade, Petitions for opening, referred to East India Com ee (Taunton:)

Upon reading the Petition of the Manufacturers, Traders and other Inhabitants of the Town and Borough of Taunton, whose Names are thereunto subscribed; praying their Lordships "to take the needful Measures for laying open the Trade to India and China to British Subjects in general, and allow them to possess Landed Property, and to reside there without Restraint, at the earliest practicable Period:"

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

Ordered, That the said Petition be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Merchant Co. of Leith:

Upon reading the Petition of the Corporation of Traffickers or Merchant Company of Leith, under their Common Seal; praying their Lordships "to take the earliest Opportunity of entirely removing all Restrictions from the Commerce of the United Kingdom with India and China:"

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

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

Hanley & Shelton:

Upon reading the Petition of the Manufacturers, Tradesmen and other Inhabitants of Hanley and Shelton, in the Staffordshire Potteries, whose Names are thereunto subscribed; praying their Lordships "to take the opening of the Trade with India and China to all Classes of His Majesty's Subjects into their Consideration, and to grant the Petitioners the Enjoyment of those Rights and Benefits to which they feel themselves entitled:"

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

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

Ld. Provost, &c. of Glasgow:

Upon reading the Petition of The Lord Provost, Magistrates and Common Council of the City of Glasgow, in Council assembled, under their Common Seal; praying their Lordships, "That, after due Enquiry and Deliberation, such Measures may be adopted as may promote the Prosperity of the Inhabitants of the British Possessions in India, and at the same Time secure to all His Majesty's Subjects such Right of Residence in and of Intercourse with these Possessions as may be consistent with the Stability of the Government of that Portion of the British Empire, together with complete Freedom of Trade with all Parts of Asia:"

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

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

Batley:

Upon reading the Petition of the Inhabitants of the Clothing District of Batley, in the County of York, whose Names are thereunto subscribed; praying their Lordships, "That The East India Company's Monopoly may be so far modified as that all British Subjects may at least be on a Level with Foreigners in their Commercial Intercourse with China and the Interior of India:"

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

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

Idle:

Upon reading the Petition of the Inhabitants of the Clothing District of Idle, in the County of York, whose Names are thereunto subscribed; praying their Lordships, "That a Free Trade with China and the Interior of India may be granted to all His Majesty's Subjects, without any Exception in favor of the United Company of Merchants trading to the East Indies:"

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

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

Eccleshill:

Upon reading the Petition of the Inhabitants of the Clothing District of Eccleshill, in the County of York, whose Names are thereunto subscribed; praying, "That their Lordships will either not renew the Charter of The East India Company, or so modify it that all His Majesty's Subjects may enjoy a Free Trade to China, and the Right of settling and trading in all Parts of India:"

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

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

Bolton.

Upon reading the Petition of the Inhabitants of the Clothing District of Bolton, in the County of York, whose Names are thereunto subscribed; praying their Lordships, "That on the Expiration of The East India Company's Charter the Petitioners and the rest of His Majesty's Subjects may enjoy a Free Trade with China, and the Right of settling and trading in the Interior of India:"

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

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday the 27th of this instant April.

Order for Lords to be summoned, discharged.

It was moved, "That the Order made on Tuesday the 9th of February last, "That all the Lords be summoned to attend the Service of the House on Tuesday the 20th of April next," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Lords summoned.

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

Wootton Bassett Road Bill.

A Message was brought from the House of Commons, by Sir John Astley and others;

With a Bill, intituled, "An Act for more effectually repairing the Road from Wootton Bassett, in the County of Wilts, to the Two-Mile Stone in the Turnpike Road leading from Swinton to Marlborough, in the said County;" to which they desire the Concurrence of this House.

Berwick Light Dues Bill.

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

With a Bill, intituled, "An Act for relieving, in certain Cases, Vessels entering or sailing from the Port of Berwick-upon-Tweed, from the Duties leviable under Two Acts passed in the Forty-sixth and Fifty-fourth Years of His late Majesty's Reign, relating to the Northern Lighthouses;" to which they desire the Concurrence of this House.

Merlin's Bridge Road Bill.

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

With a Bill, intituled, "An Act for improving and maintaining the Road from Merlin's Bridge to Pembroke Ferry, in the County of Pembroke;" to which they desire the Concurrence of this House.

Werneth, &c. Roads Bill.

A Message was brought from the House of Commons, by Sir John Astley and others;

With a Bill, intituled, "An Act for improving and maintaining the Road from Werneth to Littleborough, and other Roads communicating therewith, in the County of Lancaster;" to which they desire the Concurrence of this House.

The said Four Bills were, severally, read the First Time.

Freight, &c. on East India Co's China Trade, Account of, delivered, & referred to East India Com ee.

The House being informed, "That Mr. Preston, from the Court of Directors of The East India Company, attended;"

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

"An Account of all Sums paid for Freight, Demorage, &c. on Ships employed by The East India Company in the China Trade, from 1822 to 1828 inclusive."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Ordered, That the said Account be printed.

Ordered, That the said Account be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Suits in Equity Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for further facilitating the Administration of Justice in Suits and other Proceedings in Equity."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be ingrossed.

Highgate Grammar School Bill:

Hodie 3 a vice lecta est Billa, intituled, "An Act to enable the Wardens and Governors of the Possessions, Revenues and Goods of the Free Grammar School of Sir Roger Cholmeley Knight, in Highgate, to pull down their present Chapel, and to contribute towards the Erection of a new Chapel or Church in Highgate; and for other Purposes."

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

It was resolved in the Affirmative.

Message of H.C. with it.

A Message was sent to the House of Commons, by Sir Giffin Wilson and Mr. Eden;

To carry down the said Bill, and desire their Concurrence thereto.

Brecon, &c. Roads Bill:

Hodie 3 a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving several Roads in the Counties of Brecon, Radnor and Glamorgan; and for making and maintaining several new Branches of Road to communicate therewith."

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

It was resolved in the Affirmative.

Carmarthen Roads Bill:

Hodie 3 a vice lecta est Billa, intituled, "An Act for more effectually maintaining and repairing several Roads from Carmarthen to Lampeterpontstephen, so far as relates to the Carmarthen District of Roads, and certain other Roads in the said County of Carmarthen."

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

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers;

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

Haddenham Inclosure Bill:

Hodie 3 a vice lecta est Billa, intituled, "An Act for inclosing Lands and extinguishing Tythes in the Parish of Haddenham, in the County of Buckingham."

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.

Bolton Road Bill.

Hodie 2 a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road from Bolton-le-Moors to Blackburn, in the County Palatine of Lancaster, with Two Branches of Road therefrom; and for making and maintaining a Branch of Road to or near the Village of Lower Darwen."

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

L. Bp. London.
L. Bp. Gloucester.
L. Bp. Bristol.
L. Bp. Rochester.
L. Bp. Landaff.
L. Teynham.
L. Saltoun.
L. Napier.
L. Montagu.
L. Calthorpe.
L. Arden.
L. Mont Eagle.
L. Melbourne.
L. Prudhoe.
L. Glenlyon.
L. Penshurst.
L. Wallace.
L. Wynford.
L. Abp. Canterbury.
L. Abp. York.
L. President.
D. Wellington.
E. Derby.
E. Carlisle.
E. Doncaster.
E. Shaftesbury.
E. Rosebery.
E. Norwich.
E. Malmesbury.
E. Caledon.
E. Harrowby.
E. Beauchamp.
E. Howe.
E. Cawdor.
V. Melville.
V. Goderich.

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.

Axmouth Harbour Bill.

Hodie 2 a vice lecta est Billa, intituled, "An Act for maintaining and governing the Harbour of Axmouth, and Works connected therewith, in the Parish of Axmouth, in the County of Devon."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Edenfield Roads Bill.

Hodie 2 a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road from or near Edenfield Chapel to Little Bolton, and the Road leading from and out of the said Road at Booth Pits to or near Bury Bridge, in the County Palatine of Lancaster; and for making and maintaining Three several Branches of Road communicating therewith."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Neroche Forest Inclosure Bill.

Hodie 2 a vice lecta est Billa, intituled, "An Act for inclosing the Forest of Roach otherwise Roche otherwise Neroach otherwise Neroche, in the Parishes of Broadway, Bickenhall, Beercrocombe, Ilton, Barrington, Ashill, Ilminster, Whitelackington, Curland, Donyatt, Isle-Abbotts, Hatch-Beauchamp, and the Tithing of Domett in the Parish of Buckland Saint Mary, or some or one of them, in the County of Somerset."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Shakerley's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Charles Peter Shakerley Esquire, of the Parish of Egham, in the County of Surrey, with Laure Angelique Rosalbe Shakerley his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for the Lords to be summoned;

Ordered, That the Second Reading of the said Bill be put off sine Die.

Rawlings's Petition for a Bill, Dyer to attend the Judges on.

Ordered, That George Perks Dyer do attend this House To-morrow, to be sworn, in order to give Evidence before the Judges to whom the Petition of Edward Rawlings Esquire, praying Leave to bring in a Bill for the Purposes therein mentioned, stands referred.

Contempt in Equity Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro Confesso;"

Ordered, That the Committee on the said Bill be put off sine Die.

Lunatics Property Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for consolidating and amending the Laws relating to Property belonging to Infants, Femes-Covert, Idiots, Lunatics and Persons of unsound Mind;"

Ordered, That the Committee on the said Bill be put off sine Die.

Property in Infants Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for amending the Laws respecting Conveyances and Transfers of Estates and Funds vested in Trustees and Mortgagees; and for enabling Courts of Equity to give Effect to their Decrees and Orders in certain Cases;"

Ordered, That the Committee on the said Bill be put off sine Die.

20th Report on Charities, Address for.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "A Copy of the Twentieth Report of the Commissioners for enquiring concerning Charities in England; together with the Minutes of Evidence and Index and Appendix thereto."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Fee Fund of the Court of Session, Address for Account of.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "An Account of the Fee Fund of the Court of Session in Scotland, established by the 50 George 3, C. 112, shewing the Receipts from the Fund, and the Application thereof, from 21st June 1821."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Liverpool Improvement Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for the better Paving and Sewerage of the Town of Liverpool, in the County Palatine of Lancaster; and for settling the Boundaries between the said Town and the Township of Kirkdale and Parts of the Townships of Everton and West Derby," 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."

Liverpool Docks Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for extending and amending the several Acts relating to the Docks and Harbour of Liverpool," was committed.

D'Oyly's Divorce Bill, Witnesses to attend.

Ordered, That Ellen Husband, Mary Ann Tracy, Mary Kay and Mary Scholes do attend this House on Tuesday the 27th of this instant April, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of "John Hadley D'Oyly Esquire with Charlotte his now Wife, and to enable him to marry again; and for other Purposes."

6th Report from Appeal Com ee.

The Earl of Shaftesbury reported from the Lords Committees 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; and to report to the House; and to whom were referred certain Petitions in the following Causes; Sir Gerard Noel Noel Baronet against Rochfort and others; Macdougall against Purrier; Morgan against Evans and others; Hicks and another against Morant; Napier against Goldie and others; and Logan and another against Wright and others; "That the Committee had met, and considered the Petition of The Reverend Henry Rochfort, William Rochfort and Charles Rochfort Esquires, Gustavus Rochfort a Minor, and also John Staunton Rochfort, Gustavus Lambert and Robert Wybrant Esquires, Respondents in the Cause Sir Gerard Noel Noel Baronet against Rochfort and others; and also the Respondent's Petition in the Cause Macdougall against Purrier; severally praying their Lordships for Leave to lodge their printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may be allowed now to deliver in their printed Cases: That the Committee had also considered the Appellant's Petition in the Cause Morgan against Evans and others, the Petition of Herbert Evans, One of the Respondents in the said Cause, and the Petition of John Jenkins and Philip Hurd, other Respondents in the said Cause, severally praying their Lordships for Six Weeks further Time for delivering in their printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may respectively be allowed Six Weeks further Time to deliver in their printed Cases: That the Committee had also considered a further Petition of the said Herbert Evans, One of the Respondents in the last-mentioned Cause, praying their Lordships that he may be at liberty to present his Cross Appeal against so much of the Order of the 6th Day of July 1829, (complained of in the Appeal,) as he conceives himself aggrieved by; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioner may be at liberty to present his said Cross Appeal, as desired: That the Committee had also considered the Respondent's Petition in the Cause Hicks and another against Morant, praying their Lordships for Ten Days further Time to deliver in his printed Case; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioner may be allowed Ten Days further Time to deliver in his printed Case: That the Committee had also considered the Appellant's Petition in the Cause Napier against Goldie and others, praying their Lordships for a Month's further Time to lodge his printed Case; and had heard the Appellant's Agent thereon, and the Committee are of Opinion, That the Petitioner may be allowed a Month's further Time to deliver in his printed Case: And that the Committee had also considered the Respondents Petition in the Cause Logan and another against Wright and others, praying their Lordships for Four Weeks further Time, from the 4th Day of April (instant), to lodge their printed Case; and had heard the Respondents Agent thereon, and the Committee are of Opinion, That the Petitioners may be allowed Four Weeks further Time, from the said 4th of April instant, to deliver in their printed Case."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

D. of Argyll & Lord J. Campbell Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of George William Duke of Argyll and of John Douglas Edward Henry Campbell, commonly called Lord John Campbell, praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1 a vice lecta est Billa, intituled, "An Act for empowering George William Duke of Argyll and his Trustee, to borrow a Sum of Money, and to make it a Charge on the Estate of Argyll, upon certain Conditions."

Criminal Laws, Petition from York for Alteration of.

Upon reading the Petition of the Inhabitants of the City of York and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That other Punishments than that of Death may be awarded in all Cases of Crime affecting only Property, which would promote the great Ends of Justice in such Cases; viz. the Prevention of Crime and the Security of Property; and would be more conformable to the great Moral Principles of the Christian Religion:"

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

Welsh Iron & Mining Co.'s Petition to change Reference to the Judges.

Upon reading the Petition of Thomas Henry Hastings Davies, and others, Directors, Trustees and Shareholders of a certain Company of Proprietors in Copartnership commonly called The Welsh Iron and Coal Mining Company, on behalf of themselves and the other Shareholders in the said Company; praying, "That their Lordships will be pleased to refer their Petition for a Private Bill, presented to the House on the 25th Day of March last, to the Consideration of The Lord Chief Baron Alexander and Mr. Justice Gaselee, instead of Mr. Justice Littledale and Mr. Justice Gaselee, the said Mr. Justice Littledale having left Town on Circuit, and not being expected to return 'till after the 15th or 16th Day of this instant April, or to make such other Order as to their Lordships shall seem proper:"

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to The Lord Chief Baron of the Court of Exchequer and Mr. Justice Gaselee, 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.

Sir G. Noel v. Rochfort et al.

The House being moved, "That the Cause wherein Sir Gerard Noel Noel Baronet is Appellant, and Gustavus Rochfort, and others, are Respondents, may be heard ex-parte, in so far as respects the Respondents Arthur Richardson, William Middleton, John Barlow, Elizabeth Gore, The Right Honorable St. George Daly, Sir James Riddle, John Stewart, James Craig, George Forbes, James Burnside, William Madden, The Reverend Thomas Robinson, Hugh Tuite, Margaret Anderson, Bernard Reilly, Margaret Porter, John Dillon, Walter Nugent, The Reverend William Henry Irvine, Honoria Boyle, William Reynell, Elizabeth Brady, Archibald St. George, Robert Wybrants junior, John M'Cann, Frances M'Cann, Mervyn Archdall, William Dutton Pollard, Edward Mitchell, John Murray, Henry Hornage and Henry Walter, they not having put in their 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, in so far as respects the said Arthur Richardson and the several other Persons last named, unless they put in their Answer thereto before the Hearing of the said Cause.

Mac Pherson v. Cameron et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Captain Ewen Mac Pherson is Appellant, and Mrs. Catherine Cameron or Mac Pherson, and others, are Respondents, ex-parte, the Respondents not having put in their 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 Respondents put in their Answer thereto in the mean time.

Pentland v. Booth & Dickson, Order as to the Recog ee.

It was moved, "That the Order made on Friday last, "That George Woolley Poole may enter into a Recognizance for George Pentland, on account of his Appeal depending in this House, he living in Scotland," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Sir J. Murray's et al. Petition to present Apeal referred to Com ee

Upon reading the Petition of Sir John Murray of Brixton, in the County of Surrey, now residing at Calais, in the Kingdom of France, Baronet, Emily Ferguson

Coppinger, formerly Emily Ferguson Murray, of Kennington, in the same County, Widow, and Henry Rumsey of Chesham, in the County of Bucks, Gentleman, and Frances Catherine Rumsey, formerly Frances Catherine Murray, his Wife; setting forth, "That some Time in or as of Michaelmas Term 1829 the Petitioners presented their Petition to The Right Honourable The Lord High Chancellor of Great Britain, in Two Causes then depending in His Majesty's High Court of Chancery, in the first of which Causes Mary Murray Widow was Plaintiff, and John Peter Addenbrooke, Thomas Pinkard Bingham and John Murray, all since deceased, and Catherine Emily Murray and Frances Murray, by their Guardian, were Defendants; and in the second of which Causes the said Mary Murray was Plaintiff, and Robert Ballard Long Esquire was Defendant: That the said Petition came on for Hearing before The Lord High Chancellor of Great Britain on the 22d Day of December 1829, and his Lordship, after considerable Argument, was pleased to order, on the 16th Day of January last, that the said Petition should be dismissed: That the Petitioner Sir John Murray alone communicated with Messieurs Currie, Horne and Woodgate, of Lincoln's Inn, in the County of Middlesex, Solicitors, and gave Instructions to them in the Conduct and Management of the said Causes; and that he so acted for himself and the other Petitioners: That at the Time the said Petition came on to be heard and was dismissed, the Residence of the Petitioner Sir John Murray was unknown to the Petitioners Solicitors, Messieurs Currie, Horne and Woodgate, he, the Petitioner Sir John Murray, having removed from Kennington, where the said Messieurs Currie, Horne and Woodgate had been always before in the habit of writing to him, to Brixton, in the County of Surrey: That he, the Petitioner Sir John Murray, was only informed of the said Lord Chancellor having dismissed the said Petition on his calling upon Messieurs Currie, Horne and Woodgate, at their Chambers in Lincoln's Inn, on the 23d Day of January last: That he, the Petitioner Sir John Murray, being ignorant of the Time limited by this House for presenting the Petitioners Appeal, afterwards, and before the Expiration of the Time so limited by this House, left this Kingdom for France without having given sufficient Instructions to the said Messieurs Currie, Horne and Woodgate to present the said Appeal, although he fully intended that the same should be done, and without giving them any previous Information of his being about to leave this Kingdom: That the other Petitioners were utterly ignorant, until long after the Expiration of the Time limited by this House for presenting the said Appeal, that the said Sir John Murray had not given sufficient Instructions to the said Messieurs Currie, Horne and Woodgate for presenting the same, and it was not until they wrote to the Petitioner Henry Rumsey that they had not such Instructions, that the other Petitioners thought it necessary to act in the Matter, as they fully relied upon the said Sir George Murray having done all that was required; but immediately they were informed by the said Messieurs Currie, Horne and Woodgate that the had not so done, they gave the necessary and full Instructions to the said Messieurs Currie, Horne and Woodgate for presenting the said Appeal: That for the Reasons above stated the Petitioners were unable to give Instructions to their Counsel, to enable him to draw their Petition of Appeal to this House so as to file the same within the Time prescribed by the Standing Orders of this House: That the Time for the Petitioners filing their Petition of Appeal expired on the 18th Day of February last: That the Petitioners are now prepared to file their Petition of Appeal;" and therefore praying, "That their Lordships will be pleased to order that the Petitioners Petition of Appeal to this House may be filed as of this present Session:"

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.

Coals carried Coastwise, Petition of Coal Owners,&c of the River Dee for Repeal of Duty on referred to Com ee on the Coal Trade.

Upon reading the Petition of the Coal Owners, Miners, Lessees and others interested in the Coal Trade of the River Dee, in the Counties of Flint and Chester, whose Names are thereunto subscribed; praying their Lordships, "That the sundry Acts imposing general Duties on Coal caried Coastways may be repealed, or that their Lordships in Parliament will grant such Relief to the Petitioners as the Justice of their Case requires, and do otherwise as in their Lordships Wisdom may seem meet:"

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

Ordered, That the said Petition be referred to the Select Committee appointed to take into Consideration the State of the Coal Trade in the United Kingdom, together with the Duties of all Descriptions and Charges affecting the same, as well in the Port of London as in the several other Ports of the United Kingdom.

Coals, Accounts respecting, Ordered.

Ordered, That there be laid before this House, "An Account of the Quantity of Coals, Culm and Cinders exported from the different Ports of England, Scotland and Wales, in the Year 1829; distinguishing those sent Coastwise to Ireland, to British Colonies and to Foreign Countries, and distinguishing the Quantities sent to each:"

Also, "An Account of the Quantity of Coals, Culm and Cinders imported into the different Ports of England and Wales, Scotland and Ireland, with the Rates of Duty paid, and the Amount received for Duty at each Port, in the Year 1829:"

And also, "An Account of the Selling Prices of the different Sorts of Coal in the Port of London on the First Market Day in each Month during the Year 1829."

St. Giles & St. George Bloomsbury Vestry Bill, read 2 a & committed.

Hodie 2 a vice lecta est Billa, intituled, "An Act for the better Regulation of the Affairs of the joint Parishes of Saint Giles in the Fields and Saint George Bloomsbury, in the County of Middlesex, and of the separate Parishes of Saint Giles in the Fields and Saint George Bloomsbury, in the same County."

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

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

Order for considering Standing Orders Nos.26 & 155 on it, discharged.

The Order of the Day being read for taking into Consideration the Standing Orders Nos. 26 and 155, relative to Bills not being read or proceeded in Twice the same Day, in order to their being dispensed with on the last-mentioned Bill; and for the Lords to be summoned;

Ordered, That the said Order be discharged.

Mackay v. Davidson & Wilson.

The House being informed, "That James Gillespie Davidson and Robert Sim Wilson, Respondents to the Appeal of Flora Mackay, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon Two Affidavits of John Gibb of the City of Edinburgh, Writer, of the due Service of the said Order, being read;

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

Sir J. Montgomery et al. v. M. of Queensberry, & Selkrig, Petition for an early Day, referred to Appeal Com ee.

Upon reading the Petition of Sir James Montgomery Baronet, and others, Appellants in a Cause depending in this House, and of Charles Marquess of Queensberry and Charles Selkrig, Respondents thereto; praying, "That their Lordships will be pleased to appoint this Cause to be heard, by Counsel at the Bar, on Tuesday the 27th Day of April instant, or on such other early Day as their Lordships may think proper:"

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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, sextum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.