House of Lords Journal Volume 30: March 1762, 11-20

March 1762, 11-20

DIE Jovis, 11^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Bridgewater's Navigation, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the most Noble Francis Duke of Bridgewater to make a Navigable Cut, or Canal, from Longford Bridge in the Township of Stretford in the County Palatine of Lancaster, to the River Mersey, at a Place called The Hemp Stones in the Township of Halton in the County of Chester," 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."

Charnaud's Nat. Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Jean Charnaud," 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."

Fisherton Bridge, Road Bill.

The Lord Hay reported from the Lords Committees to whom the Bill, intituled, "An Act to amend and render more effectual an Act passed in the last Session of Parliament, intituled, An Act for amending, widening, and keeping in Repair, the Road leading from Fisherton Bridge to the Turnpike Road at Willoughby Hedge in West Knoyle, and from Wilton Bridge to the Turnpike Road at the West End of Heytesbury, and also the Road from the Turnpike Road at the Top of Red Hone Hill in the Parish of Urshfont, to the Mile Stone at the Western End of Fisherton Street in the County of Wilts," 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."

Mellish's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Sale of Part of the Estates entailed by the Will of Edward Mellish Esquire, deceased; and for laying out the Money arising by such Sale in the Purchase of other Estates, to be settled to the like Uses."

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

It was Resolved in the Affirmative.

Waite's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Sale of the Estate of Thomas Waite, an Infant, for discharging Encumbrances affecting the same; and for applying the Surplus Money arising thereby for the Benefit of the said Infant."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Daval:

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

Linden, Leave for a Nat. Bill:

Upon reading the Petition of Diederick Wessel Linden; praying, "That Leave may be given to bring in a Bill, for his Naturalization:"

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

Bill read.

Whereupon, the Earl of Marchmont presented to the House a Bill, intituled, "An Act for naturalizing Diederick Wessel Linden."

The said Bill was read the First Time.

Stockton Bridge, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for building a Bridge cross the River Tees, at or near the Ferry in the Parish of Stockton, in the County of Durham."

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

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

Barrowby, Enclosure Bill.

A Message was brought from the House of Commons, by the Lord John Cavendish and others:

With a Bill, intituled, "An Act for dividing and enclosing several Common Fields, Meadows, Pastures, and Waste Grounds, in the Parish of Barrowby, in the County of Lincoln;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Perkins's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting a Tost or Scite of a Copyhold House in Richmond in the County of Surry, lately pulled down, in Trustees, to be sold, leased, or otherwise disposed of, for the Benefit of the Persons claiming under the Will of Matthias Perkins Gentleman, deceased; and for empowering John Perkins his Son to make such Leases of his Estate at Richmond and Tuddington as are 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 on Friday the 26th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

Fell's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Joseph Fell Esquire to make a Lease of a Farm and Lands in Walthamstow, in the County of Essex, for a Term of Ninety-nine Years."

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.

Kelsall and other Roads, Bill.

A Message was brought from the House of Commons, by Mr. Bagot and others:

With a Bill, intituled, "An Act for repairing and widening the Roads leading from Kelsall in the County of Salop, to Whiston Cross, and from thence, over Burnhill Green, Rudge Heath, by the Two New Inns, and to a Place called High Gate Warren, in the County of Stafford;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Davidson, to enter into a Recognizance on Haliburton's Appeal.

The House being moved, "That Henry Davidson Gentleman may be permitted to enter into a Recognizance for Colonel James Haliburton and others, on account of their Appeal depending in this House; they residing in Scotland:"

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

Davidson, to enter into a Recognizance on Riddoch's Appeal.

The House being moved, "That Henry Davidson may be permitted to enter into a Recognizance for John Riddoch and Colonel James Haliburton, on account of their Appeal depending in this House; they residing in Scotland:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris; duodecimum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 12^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to proceed to the Abbey Church, Westminster, to solemnize this Day; being appointed, by His Majesty's Royal Proclamation, to be observed as a General Fast;

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 15^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Haliburton & al. against Honeyman & al.

The Answer of Patrick Honeyman, John Mackay, Thomas Baikie, Samuel Mitchelson, and David Covingtrie, Esquires, to the Appeal of Colonel James Haliburton and others:

Riddoch & al. against Honeyman & al. Stewart against Dalrymple.

Also, the Answer of the same Persons, to the Appeal of John Riddoch Esquire and Colonel James Haliburton:

And also, the Answer of David Dalrymple Esquire, to the Appeal of Lieutenant James Stewart and others;

Were this Day brought in.

Thanks to the Bp. of Landaff, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Landaff, for the Sermon by him preached before this House, in the Abbey Church, Westminster, on Friday last; and he is hereby desired to cause the same to be forthwith printed and published.

Ly. Stormont's Nat. Bill.

The Lord Hay reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Henrietta Frederique Viscountess Stormont, Wife of the Right Honourable David Lord Viscount Stormont," 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."

Ordered, That the said Bill be engrossed.

Nottingham Streets, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for the enlightening the Streets, Lanes, and Passages, within the Town and County of the Town of Nottingham," 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."

Stockton Bridge, Bill.

The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act for building a Bridge cross the River Teese, at or near the Ferry in the Parish of Stockton, in the County of Durham," 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."

D. of Bridgewater's Navigation, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the most Noble Francis Duke of Bridgewater to make a Navigable Cut, or Canal, from Longford Bridge in the Township of Stretford in the County Palatine of Lancaster, to the River Mersey, at a Place called The Hemp Stones in the Township of Halton in the County of Chester."

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

It was Resolved in the Affirmative.

Fisherton Bridge, Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act passed in the last Session of Parliament, intituled, An Act for amending, widening, and keeping in Repair, the Road leading from Fisherton Bridge to the Turnpike Road at Willoughby Hedge in West Knoyle, and from Wilton Bridge to the Turnpike Road at the West End of Heytesbury, and also the Road from the Turnpike Road at the Top of Red Hone Hill in the Parish of Urshfont to the Mile Stone at the Western End of Fisherton Street, in the County of Wilts."

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

It was Resolved in the Affirmative.

Charnaud's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Jean Charnaud."

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 Three preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Daval and Mr. Bonner:

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

Kelsall and other Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads leading from Kelsall in the County of Salop, to Whiston Cross, and from thence over Burnhill Green, Rudge Heath, by the Two New Inns, and to a Place called High Gate Warren, in the County of Stafford."

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

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

Barrowhy, Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Common Fields, Meadows, Pastures, and Waste Grounds, in the Parish of Barrowby, in the County of Lincoln."

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.

M^cCulloch against Munro & al.

Upon reading the Petition and Appeal of Roderick Mac Culloch of Glastulich Esquire; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 17th of December 1760, and the 20th of February and 9th of July 1761, and likewise of Three Interlocutors of the Lords of Session, of the 1st of December 1761, and the 16th and 26th of February 1762; and praying, "That the same may be reversed, varied, or altered; or that the Appellants may have such other Relief and Remedy in the Premises as to this House in their Lordships great Wisdom and Justice shall seem meet; and that Charles Munro and his Curators may be required to answer the said Appeal:"

It is Ordered, That the said Charles Munro and his Curators may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 12th Day of April next; and Service of this Order upon their Procurators or Agents in the Court of Session in Scotland shall be deemed good Service.

Return of the Peerage of Scotland, to be re-printed.

Ordered, That the Return of the Lords of Session in Scotland, to an Order of this House of the 12th of June 1739, requiring them to make up a Roll or List of the Peers of Scotland at the Time of the Union, whose Peerages are still continuing; and, as far as they shall be able, to state in such Roll or List, the particular Limitations of such Peerages, which was laid before the House on the 11th March following, and then ordered to be printed, be now re-printed.

Riddoch & al. against Honeyman & al.

The House being moved, "That Monday the 29th Day of this Instant March may be appointed, for hearing the Cause wherein John Riddoch Esquire and Colonel James Haliburton are Appellants, and Patrick Honeyman Esquire and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 29th Day of this Instant March, as desired.

Haliburton & al. against Honeyman & al.

The House being moved, "That Wednesday the 31st Day of this Instant March may be appointed, for hearing the Cause wherein Colonel James Haliburton and others are Appellants, and Patrick Honeyman Esquire and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 31st Day of this Instant March, as desired.

Linden takes the Oaths.

Diederick Wessel Linden took the Oaths appointed, in order to his Naturalization.

Rutherford's and Drury's Claims to the Barony of Rutherford; Report of the Committee of Privileges, and Resolutions thereon.

The Earl of Marchmont reported from the Lords Committees for Privileges, to whom it was referred to consider of the Petition of Alexander Rutherford, claiming the Title of Lord Rutherford, with His Majesty's Reference thereof to this House: "That the Committee have met, to consider the Matter to them referred; but, the Petitioner's Agent alleging that he was not prepared with Evidence to make out the Petitioner's Claim, and desiring further Time, their Lordships have put off the further Proceeding upon the said Claim till the next Session of Parliament. And David Drury, also taking upon himself the said Title of Lord Rutherford, having taken no Step to prosecute his Claim, and no Person now desiring to be heard on his Behalf, the Committee have come to the following Resolutions; (videlicet,)

"1. Resolved, That it is the Opinion of this Committee, That Alexander Rutherford and David Drury, taking upon themselves respectively the Title of Lord Rutherford, ought to all Intents and Purposes to be considered as having no Right to the said Title by them respectively assumed, until they shall have made out their Claim, and procured the same to be duly allowed in the legal Course of Determination; and that, in the mean Time, until the same shall be so allowed, the said Alexander Rutherford and David Drury, or either of them, or any Person claiming under them or either of them, be not admitted to vote, by virtue of the said Title, at the Election of any Peer of Scotland to sit and vote in this House, pursuant to the Articles of Union.

"2. Resolved, That it is the Opinion of this Committee, that the said Alexander Rutherford and David Drury, and each of them, be ordered, not to presume to take upon himself the said Title, Honour, and Dignity, until his Claim shall have been allowed in due Course of Law; and that Notice of these Resolutions and Orders be given to the Lord Clerk Register of Scotland."

Which Report was read by the Clerk.

And the said Resolutions, being read a Second Time, were severally agreed to by the House; and ordered accordingly.

Hamilton against E. of Clanrickard:

The House being informed, "That John Burke attended, in order to deliver in Copies of Pleadings and Proceedings relating to a Cause depending in this House, wherein Robert Hamilton Gentleman is Appellant, and the Earl of Clanrickarde and Peter Kilkenny Gentleman are Respondents:"

Pleadings proved.

He was called in, and delivered the same at the Bar; and attested upon Oath, "That they were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Linden's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Diederick Wessel Linden."

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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 16^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Walpole takes the Oaths.

This Day Horatio Lord Walpole took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Message from H. C. to return Swanburne Enclosure Bill.

A Message was brought from the House of Commons, by Mr. Lowndes and others:

To return the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Common Grounds, and Commonable Places, in the Parish of Swanburne in the County of Bucks;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Blake's Bill.

The Earl Cornwallis reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Patrick Blake Esquire, a Minor, to make a Settlement on Annabella Bunbury Spinster and the Issue of their intended Marriage; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Ly. Stormont's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Henrietta Frederique Viscountess Stormont, Wife of the Right Honourable David Lord Viscount Stormont."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Bonner and Mr. Graves:

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

Stockton Bridge, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for building a Bridge cross the River Teese, at or near the Ferry in the Parish of Stockton, in the County of Durham."

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

It was Resolved in the Affirmative.

Nottingham Streets, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the enlightening the Streets, Lanes, and Passages, within the Town and County of the Town of Nottingham."

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 the Two preceding Bills.

A Message was 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 17^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Commissioners of Land Tax, Bill:

A Message was brought from the House of Commons, by Mr. Alderman Dickenson and others:

With a Bill, intituled, "An Act for appointing Commissioners for putting in Execution and Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-two;" to which they desire the Concurrence of this House.

Hamilton against E. of Clanrickard:

After hearing Counsel, upon the amended Petition and Appeal of Robert Hamilton Gentleman; complaining of several Orders of the Court of Chancery in Ireland, of the 10th of December 1760, the 7th and 27th of February 1761, and of the 18th of April and 14th of October 1761; and praying, "That the same might be reversed; or that this House would grant the Appellant such Relief in the Premises as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of the Right Honourable Smith Earl of Clanrickarde in the Kingdom of Ireland, and of Peter Kilkenny Gentleman, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Orders of the Court of Chancery in Ireland, complained of in the said Appeal, so far as the same relate to the Lands of Tyrebane in the Occupation of the Appellant, be, and the same are hereby, reversed: And it is further Ordered, That the said Court of Chancery do give proper Directions for restoring the Appellant to the Possession of the Premises.

Blake's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Patrick Blake Esquire, a Minor, to make a Settlement on Annabella Bunbury Spinster, and the Issue of their intended Marriage; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Daval and Mr. Bonner:

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

Barrowby Enclosure, Bill.

The Lord Hay reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing several Common Fields, Meadows, Pastures, and Waste Grounds, in the Parish of Barrowby, in the County of Lincoln," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ld. Bolingbroke's Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging the Estate of Frederick Viscount Bolingbroke, in the County of Surry, from the Uses and Limitations of a former Settlement; and for settling Lands and Hereditaments in the County of Kent, in Lieu thereof, to the same Uses," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Kelsall and other Roads, Bill.

The Lord Hay reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads leading from Kelsall in the County of Salop to Whiston Cross, and from thence, over Burnbill Green, Rudge Heath, by the Two New Inns, and to a Place called High Gate Warren, in the County of Stafford," 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."

Richards to take the Name of Powell, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Richards and Edward Richards, Infants, and their Heirs, to take and use the Surname and bear the Arms of Powell, pursuant to the Will of Roger Powell Esquire; deceased."

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

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

Commissioners of Land Tax, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for appointing Commissioners for putting in Execution an Act of this Session of Parliament, intituled, An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-two."

L. Winterton, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Edward Lord Winterton; praying Leave to bring in a Private Bill:

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 Edward Lord Winterton to sell Part of his Estates in the Counties of Sussex, Surrey, and Norfolk, settled on his Marriage; and for laying out the Monies arising by such Sale in the Purchase of other Estates, of equal or greater Value, to be settled to the Uses of his Marriage Settlement; and for other Purposes therein mentioned."

Stewart & al. against Dalrymple.

The House being moved, "That Tuesday the 30th Day of this Instant March may be appointed, for hearing the Cause wherein Lieutenant James Stewart and others are Appellants, and David Dalrymple is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 30th Day of this Instant March, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 18^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Linden's Nat. Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Diederick Wessel Linden," 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."

Ordered, That the said Bill be engrossed.

Mackenzie's Bill.

The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting all the Real and Personal Estates late of Elizabeth Morgan Widow, deceased, in Elizabeth Mackenzie Wife of George Mackenzie Esquire, her Niece, Heir at Law, and only next of Kin, discharged from all Right, Claims, and Interest, of the Master and Fellows of Gonville and Caius College in the University of Cambridge," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Hungerton Enclosure, Bill.

A Message was brought from the House of Commons, by Mr. Kynaston and others:

With a Bill, intituled, "An Act for dividing and enclosing the Open Fields in the Parish of Hungerton, in the County of Leicester;" to which they desire the Concurrence of this House.

Ashborne Road, Bill.

A Message was brought from the House of Commons, by Mr. Fitzberbert and others:

With a Bill, intituled, "An Act for repairing and widening the High Road leading from Ashborne in the County of Derby to the Town of Leek in the County of Stafford, and from Ryecroft Gate on Rushton Common to Congleton in the County of Chester, and also the Road leading from Blyth Marsh in the County of Stafford, through Cheadle, Oakamoor, and Blore, to the Turnpike Road from Ashborne to Buxton near Thorpe in the County of Derby; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Mason's Bill.

The Earl of Buckinghamshire reported from the Lords Committees to whom the Bill, intituled, "An Act for selling Part of the Estates of William Mason Esquire, deceased; and for laying out the Money to arise thereby in the Purchase of other Lands and Hereditaments, to be settled in Lieu thereof, to the Uses limited by the said Will; and for exchanging other Part of the said Estates of the said William Mason, so devised, for other Lands and Tenements, to be settled in Lieu thereof, to the Uses limited by the same Will," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

Which Amendments, together with the Reasons offered to the Committee for dispensing with the Standing Order, requiring another Estate to be purchased and settled in Lieu of the Estate to be sold, upon this Bill, he was ready to report, when the House will please to receive the same.

Ordered, That the said Report be received on Monday next.

Then it was moved, "That the said Standing Order be dispensed with in this Case."

Ordered, That the said Motion be taken into Consideration on Monday next; and the Lords to be summoned.

L. Winterton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for empowering Edward Lord Winterton to sell Part of his Estates in the Counties of Sussex, Surry, and Norfolk, settled on his Marriage; and for laying out the Monies arising by such Sale in the Purchase of other Estates, of equal or greater Value, to be settled to the Uses of his Marriage Settlement; and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet on Friday the Second Day of April next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Brereton against Brereton.

A Petition of Edward Brereton Esquire, Appellant in a Cause depending in this House, which stands appointed to be heard on Wednesday next, was presented and read; alleging, "That the Pleadings in this Cause are so voluminous, that the Petitioner cannot possibly be prepared to lay his Case and Briefs before Counsel Time enough for the said Hearing;" and therefore praying, "That the said Hearing may be postponed for a Fortnight."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off till Tuesday the 6th Day of April next.

Ld. Bolingbroke's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for discharging the Estate of Frederick Viscount Bolingbroke, in the County of Surry, from the Uses and Limitations of a former Settlement; and for settling Lands and Hereditaments in the County of Kent, in Lieu thereof, to the same Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Daval and Mr. Bonner:

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

Barrowby Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Common Fields, Meadows, Pastures, and Waste Grounds, in the Parish of Barrowby, in the County of Lincoln."

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

It was Resolved in the Affirmative.

Kelsall and other Roads, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads leading from Kelsall in the County of Salop to Whiston Cross, and from thence, over Burnhill Green, Rudge Heath, by the Two New Inns, and to a Place called High Gate Warren, in the County of Stafford."

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 the Two preceding Bills.

A Message was sent to the House of Commons, by the same Messengers:

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

Commissioners of Land Tax, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for appointing Commissioners for putting in Execution an Act of this Session of Parliament, intituled, An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-two."

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.

Ord, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Ann Ord Widow, on Behalf of herself and her Two Infant Sons; praying Leave to bring in a Private Bill:

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 vesting divers Lands and Hereditaments in the Parish of Igborough in the County of Norfolk, Part of the settled Estate late of Henry Ord Esquire, deceased, in Trustees, to convey the same to James Nelthorpe Esquire and his Heirs; and to lay out the Money to be paid for the same in the Purchase of other Lands and Hereditaments, to be settled to the Uses therein mentioned."

Plunkett against Plunkett & al.:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Plunkett Esquire is Appellant, and Arthur Plunkett and others are Respondents, ex Parte; the Respondents not having put in an Answer, though peremptorily ordered so to do:"

Hearing appointed, ex Parte.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte, on the First vacant Day for Causes after those already appointed; unless the Respondents put in an Answer in the mean Time.

Sims against Bennett & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Joseph Sims Clerk is Appellant, and John Bennett and others are Respondents:"

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

Respondents peremptorily to answer the D. of Hamilton's Appeal.

The House was informed, "That John Cochrane Respondent to the Appeal of George James Duke of Hamilton and others had not put in an Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Mathew Brown, Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

Davidson to enter into Recognizance on M^cCulloch's Appeal.

The House being moved, "That Mr. Henry Davidson may be permitted to enter into a Recognizance for Roderick Mac Culloch Esquire, on account of his Appeal depending in this House; he residing in Scotland:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 19^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dumfries, Duty on Beer, Bill.

A Message was brought from the House of Commons, by the Lord Advocate of Scotland and others:

With a Bill, intituled, "An Act for continuing and rendering more effectual an Act passed in the Tenth Year of His late Majesty King George the Second, intituled, An Act for continuing an Act passed in the Third Year of the Reign of His Majesty King George the First, for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, on every Pint of Ale or Beer that shall be vended or sold within the Town of Dumfries, and Privileges thereof, for paying the Debts of the said Town, and for building a Church, and making a Harbour there; and for laying a Duty on the Tonnage of Shipping; and a Duty on Goods imported and exported into and out of the Port of the said Town, for the better repairing of the said Harbour;" to which they desire the Concurrence of this House.

Princethorpe Enclosure, Bill.

A Message was brought from the House of Commons, by Sir Charles Mordaunt and others:

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Hamlet and Liberties of Princethorpe, in the Township and Parish of Stretton upon Dunsmore, in the County of Warwick;" to which they desire the Concurrence of this House.

Brewers, Victualers, &c. Bill.

A Message was brought from the House of Commons, by Mr. Cooke and others:

With a Bill, intituled, "An Act to prevent vexatious Proceedings against Brewers, Victualers, and others, with respect to the Prices of Beer and Ale, by preventing fraudulent mixing thereof; to repeal so much of an Act made in the First Year of the Reign of His present Majesty, as extends certain Provisions relative to the Exportation of Spirituous Liquors, to the Exportation of Strong Beer and Ale; and for the more effectual preventing the re-landing of Beer, Ale, Cyder, and Mum, shipped for Exportation, as Merchandize;" to which they desire the Concurrence of this House.

Message from H. C. to return the Trustees of Tancred's Charity, Bill.

A Message was brought from the House of Commons, by Mr. Townshend and others:

To return the Bill, intituled, "An Act for incorporating the Trustees named in the Settlement and Will of Christopher Tancred Esquire, deceased; and to enable them to take the Estate late of the said Chistopher Tancred to them and their Successors in Perpetuity, for the Charitable Uses in such Settlement and Will; and for the better Management of the Charity;" and to acquaint this House, that they have agreed to the same, with One Amendment, to which they desire their Lordships Concurrence.

Ld. Kinnaird against Hunter:

After hearing Counsel, upon the Petition and Appeal of Charles Lord Kinnaird; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 26th of November and 16th of December 1761; and praying, "That the same might be reversed, varied, or altered; or that the Appellant might have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem just:" As also upon the Answer of James Hunter Tenant in Inchture, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Cause remitted to the Court of Session.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause be remitted back to the Court of Session in Scotland; and, if it should become necessary in this Cause to determine whether the Requisites of the Act concerning Tailzies in 1685 have been complied with, that all the Persons in being, who may be entitled under the Limitations of the Entail, be made Parties, and heard for their Interests.

Haliburton & al. against Honeyman & al.

Riddoch & al. against Honeyman & al.: Petition to put off Hearing rejected.

A Petition of Colonel James Haliburton and others, and also of John Riddoch and the said James Haliburton, Appellants in Two Causes depending in this House, wherein Patrick Honeyman and others are Respondents, was presented, and read, setting forth Proceedings before the Court of Session in Scotland, in these Causes; and that the Appellants had delayed to enter an Appeal against an Interlocutor of the said Court, of the 23d of July 1761, which they are now debarred from doing this Session, by the Standing Order of this House; and alleging, "That the said Interlocutor is the Groundwork on which all the Interlocutors appealed from have proceeded; and that the Petitioners are advised that the said Interlocutor is contrary to Law and Justice, and intend to appeal against the same in the Beginning of the next Session of Parliament; and that the Proceedings in the Court below are very voluminous, and cannot well be digested, and Counsel prepared, in the few Days between this and the 29th and 31st Instant, on which Days the said Causes, on the Motion of the Respondents, stand appointed to be heard;" and therefore praying, That their Lordships would be pleased to put off the Hearing of the said Causes till the next Session of Parliament."

And thereupon the Agents on both Sides were called in, and heard at the Bar:

And being withdrawn:

Ordered, That the said Petition be rejected.

Sankey Brook Navigation Bill.

A Message was brought from the House of Commons, by Sir Ellis Cunliffe and others:

With a Bill, intituled, "An Act to amend and render more essectual an Act made in the Twentyeighth Year of the Reign of His late Majesty King George the Second, for making navigable Sankey Brook in the County of Lancaster, and for the extending and improving the said Navigation;" to which they desire the Concurrence of this House.

Message from H. C. to return Blunt's Bill.

A Message was brought from the House of Commons, by Sir Roger Newdigate and others:

To return the Bill, intituled, "An Act for confirming and establishing a Partition between Samuel Blunt, Henry Humphery, James Clitherow, Esquires, and others, of several Estates in the Counties of Sussex, Surry, and Kent, and for vesting and settling the entire Premises to the several Uses therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Middlewood Moor, Bill.

A Message was brought from the House of Commons, by Mr. Vane and others:

With a Bill, intituled, "An Act for dividing and enclosing a certain Moor or Common, called Middlewood Moor, or Ushaw Moor, within the Manor of Lanchester, in the County of Durham;" to which they desire the Concurrence of this House.

Brewers, Victualers, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to prevent vexatious Proceedings against Brewers, Victualers, and others, with respect to the Prices of Beer and Ale, by preventing fraudulent mixing thereof; to repeal so much of an Act made in the First Year of the Reign of His present Majesty, as extends certain Provisions relative to the Exportation of Spirituous Liquors to the Exportation of Strong Beer and Ale; and for the more effectual preventing the re landing of Beer, Ale, Cyder, and Mum, shipped for Exportation as Merchandize.

Jenison, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Susannab Jenison Widow, and others; praying Leave to bring in a Private Bill;

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 vesting the settled Estate late of Ralph Jenison Esquire, deceased, at Great Walworth in the County of Durham, in Trustees, in Trust, to be conveyed to John Dixon Gentleman and his Heirs, pursuant to a Decree and subsequent Orders of the Court of Chancery at Durham."

Commissioners of Land Tax, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for appointing Commissioners for putting in Execution an Act of this Session of Parliament, intituled, An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-two."

After some Time, the House was resumed.

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

Mackenzie's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting all the Real and Personal Estates, late of Elizabeth Morgan Widow, deceased, in Eliz'th Mackenzie, Wife of George Mackenzie Esquire, her Niece, Heir at Law, and only next of Kin, discharged from all Right, Claims, and Interest, of the Master and Fellows of Gonville and Caius College in the University of Cambridge."

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

It was Resolved in the Affirmative.

Linden's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Diederick Wessel Linden."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bill:

A Message was sent to the House of Commons, by Mr. Daval and Mr. Bonner:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.