BHO

House of Lords Journal Volume 30: March 1762, 21-31

Pages 198-217

Journal of the House of Lords Volume 30, 1760-1764. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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In this section

March 1762, 21-31

DIE Lunæ, 22o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Duresm.
Epus. Eliens.
Epus. Sarum.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Lincoln.
Epus. Bristol.
Ds. Henley, Cancellarius.
Dux Bedford, C. P. S.
Dux Newcastle.
Comes Winchilsea.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Moray.
Comes Abercorn.
Comes Breadalbane.
Comes Marchmont.
Comes Bute.
Comes Aylesford.
Comes Pomfret.
Comes Effingham.
Comes Gower.
Comes Bucks.
Comes Temple.
Comes Cornwallis.
Comes Hardwicke.
Comes Ilchester.
Comes Delawar.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Clifton.
Ds. Ward.
Ds. Delamer.
Ds. Sandys.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Mansfield.
Ds. Lyttelton.
Ds. Boston.

PRAYERS.

Gordon against Ogilvy.

After hearing Counsel in Part, in the Cause wherein John Gordon of Auchanachy Esquire is Appellant, and Grizel Ogilvy Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Douglas's Claim to the Earldom of Angus.

The Earl of Bute (by His Majesty's Command) presented to the House a Petition of Archibald Douglas Esquire to His Majesty claiming the Title and Dignity of Earl of Angus; with His Majesty's Reference thereof to this House.

And the same were read, by the Clerk, as follow:

"To the King's Most Excellent Majesty.

"The humble Petition of Archibald Douglas Esquire; claiming the Title and Dignity of Earl of Angus;

"Sheweth,

"That the Title and Dignity of Earl of Angus was of old annexed to the Lands and Estate of Angus; which was a noble Fee, known and designed in the ancient Writings by the Name of the Earldom of Angus.

"That this Earldom, by the most ancient Investiture, was devised to Heirs whatsomever.

"10th April, 1389.

"That, accordingly, upon the Death of Thomas Stewart Earl of Angus, his Daughter Lady Margaret Stewart succeeded to him in the said Earldom, as Countess of Angus; and, upon her Resignation, King Robert the Second of Scotland granted the said Earldom to George de Douglas her Son, and to the Heirs of his Body.

"31st August, 1547.

"That, by several Grants from the Crown, it appears that this Earldom continued a Female-Fee, descendable to Heirs whatsomever, until the Year 1547, when Queen Mary granted a new Charter of the Earldom, upon the Resignation of Archibald then Earl of Angus, in Favour of him the said Archibald and his Heirs Male.

"24th June, 1698.

"That, upon this new Grant, there was a Succession of Heirs of the Male Line, who sat in Parliament, and enjoyed the Title and Dignity of Earl of Angus, until the Year 1698; when, upon the Resignation of James Marquis of Douglas, King William granted a new Charter, in Favour of Archibald the Son of the said Marquis, therein designed Lord Angus (afterwards created Duke of Douglas), lately deceased, and the Heirs Male of his Body; whom failing, the Heirs Male of the Marquis's own Body; and, failing these, to such Heirs of Taillie as the Marquis should nominate and appoint to succeed to him, by any Writing under his Hand, at any Time of his Life.

"28th October, 1699.

"That, accordingly, the said Marquis nominated and appointed, that, failing Heirs Male of his own Body, the Eldest Heir Female of the Body of his Son Lord Angus, and the Heirs whatsomever of the Body of the said Eldest Heir Female of the Marquis's own Body, should succeed to him in the said Earldom of Angus.

"10th March, 1707.

"25th March, 1707.

"That, upon this Nomination, a Charter was granted, by Queen Anne, of the Earldom of Angus, and all Places, Honours, Immunities, and Dignities possessed and enjoyed by the former Earls of Angus, in Favour of the said Archibald, then created Duke of Douglas, and the Heirs Male of his Body; whom failing, to the Heirs of Tailzie, having Right to succeed to him in his Estate of Douglas and Angus, conform to the Charter granted to the Duke the 24th June 1698, and Faculty therein contained, and under the Provisions contained in the Nomination following upon the said Faculty. And this Charter passed upon a Signature under the Queen's own Hand; and was ratified by the Parliament of Scotland.

"That Your Petitioner, being the only Son of Sir John Stewart of Grandtully Baronet, and of the deceased Lady Jean Douglas, only Sister of the said Archibald Duke of Douglas and Earl of Angus, lately deceased, is the Heir entitled to take the said Earldom of Angus, in virtue of the said foresaid Charter and Nomination by the said Marquis of Douglas and Earl of Angus; and most humbly apprehends, he has thereby a Right to the Dignity of Earl of Angus, and to the Privileges and Precedency thereto belonging.

"The Petitioner therefore most humbly prays, that the said Dignity of Earl of Angus may be declared of Right to belong to the Petitioner and to his Heirs.

"And Your Petitioner shall ever pray, &c."

'St. James's, February 27th, 1762.

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

"Bute."

Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges; to consider thereof, and report their Opinion thereupon to the House.

Mason's Bill; Standing Order dispensed with.

The Earl of Buckinghamshire (according to Order) reported the Amendments made by the Committee to 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," together with the Reasons offered to the Committee for dispensing with the Standing Order in this Case.

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

And thereupon the House proceeded to take into Consideration the Motion made on Thursday last, for dispensing with the said Standing Order upon this Bill.

And the said Reasons, reported from the Committee, were read, by the Clerk, as follow:

"That the said William Mason, by Articles of Agreement, dated the 4th Day of July, 1761, hath contracted with Richard Hassell Esquire and Richard Hassell Junior Esquire, for the Purchase of Manors, Messuages, Lands, and Tenements, in Necton, and other Places in the County of Norfolk, of the Yearly Value of £. 400 and upwards, for the Sum of £. 11,000, and proposes to have the same settled to the Uses to which the Estate intended to be sold pursuant to the said Bill stands limited, the same being about the Value of the Estate so intended to be sold.

"But the said William Mason cannot raise Money, to pay for the Estate so contracted by him to be purchased, but by the Money arising by Sale of the Estate intended to be sold in Pursuance of the said Bill."

And Consideration being had thereof:

Ordered, That the said Standing Order be dispensed with in this Case.

Ordered, That the said Bill, with the Amendments, be engrossed.

Haliburton & al. Leave to with draw their Appeal.

A Petition of Colonel James Haliburton and others, Appellants in a Cause depending in this House, wherein Patrick Honeyman and others are Respondents, was presented, and read; alleging, "That the Petitioners, having preferred their Petition of Appeal to this House, from several Interlocutors of the Lords of Session in Scotland, are, by their Lordships Standing Order, barred from bringing under Review, in this Session of Parliament, an Interlocutor of the 23d of July 1761, on which the other Interlocutors appealed from proceed;" and therefore praying, "That they may be permitted to withdraw their said Appeal, without Prejudice to their bringing a new Appeal in due Time, should they be so advised."

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

And being withdrawn:

Ordered, That the Petitioners be at Liberty to withdraw the said Appeal, without Prejudice to their bringing a new Appeal in due Time, as they shall be advised.

Riddoch & al. against Honeyman & al.

Upon reading the Petition of John Riddoch and Colonel James Haliburton, Appellants in a Cause depending in this House, wherein Patrick Honeyman and others are Respondents, which stands appointed for Hearing; setting forth, "That, not having appealed from an Interlocutor of the 23d of July 1761, which is the Ground-work on which all the other Interlocutors appealed from have proceeded, they are advised that the said Interlocutor is contrary to Law and Justice; and do intend to prefer a Petition of Appeal against the same in the Beginning of the next Session of Parliament;" and therefore praying their Lordships to put off the Hearing of this Cause till the next Session:"

It is Ordered, That the Hearing of the said Cause be put off till the next Session of Parliament.

Mackenzie's Appeal dismissed, as irregular.

A Petition of Colonel John Scott and others, Respondents to an Appeal of John Mackenzie of Bray and Donald Morison; complaining of several Interlocutors of the Lords of Session in Scotland, was presented and read; alleging, "That the said Appeal is incompetent and irregular, in respect of the Appellants having joined Two distinct independent Causes in the same Appeal, and also in respect the same is not brought within the Time limited by the Standing Order of this House, except as to the Interlocutor of the 26th of February last;" and therefore praying, "That their Lordships would be pleased to dismiss the said Appeal, as irregular; or restrain the same to the said Interlocutor of the 26th of February 1762; and appoint a short Day for hearing it on that Interlocutor."

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

And being withdrawn:

Ordered, That the said Appeal be dismissed, as irregular, the Appellants having joined Two distinct Causes in the said Appeal, and the same not being brought within the Time limited by the Standing Order of this House, except as to the Interlocutor of the 26th of February 1762, therein complained of; as to which Interlocutor, the Appellants are at Liberty to proceed in their Appeal, if they think fit.

Holden's Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Holden Gentleman and Thomas Holden his Son; an Infant, and their Trustees, to raise the Sum of One Thousand Pounds, upon certain Estates in Leicestershire and Warwickshire, or on a sufficient Part thereof, to be applied for the 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.

Wadesmill Road, Bill.

The Lord St. John of Bletsoe reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by Two several Acts passed in the Sixth and Sixteenth Years of His late Majesty, for the more effectual repairing the Roads leading from Wadesmill, in the County of Hertford, to Barley and Royston, and for making the said Acts more effectual," 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."

Brewers, Victualers, &c. Bill.

Hodie 2a 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; for better securing the Revenue upon Strong 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."

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.

Jenison's Bill.

Hodie 2a 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."

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

Ld. Privy Seal.
E. Winchilsea.
E. Shaftesbury.
E. Litchfield.
E. Coventry.
E. Abercorn.
E. Marchmont.
E. Aylesford.
E. Pomfret.
E. Bucks.
E. Cornwallis.
L. B. Durham.
L. B. Rossen.
L. St. John Blet.
L. Ward.
L. Delamer.

Their Lordships, or any Five of them; to meet on Tuesday the 6th 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.

Commissioners of Land Tax, Bill:

Hodie 3a 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 Ser vice of the Year One Thousand Seven Hundred and Sixty-two."

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 Mr. Browning and Mr. Anguish:

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

Trustees of Tancred's Charities, Bill.

The House proceeded to take into Consideration the Amendment made by the Commons to the Bill, intituled, "An Act for incorporating the Trustees named in the Settlement and Will of Christopber Tancred Esquire, deceased; and to enable them to take the Estate late of the said Christopber 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 the said Amendment, being read Three Times, was agreed to.

And a Message was sent to the House of Commons, by the same Messengers, to acquaint them therewith.

Stewart & al. against Dalrymple.

Ordered, That the Cause wherein Lieutenant James Stewart and others are Appellants, and David Dalrymple is Respondent, which stands appointed to be heard on Tuesday the 30th Instant, be put off to Wednesday the 31st Instant; the Appeal of Colonel James Haliburton and others, which stood appointed for that Day, being, by Leave of the House, withdrawn.

Adjourn.

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

DIE Martis, 23o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cicestrien.
Epus. Petriburg.
Epus. Lincoln.
Ds. Henley, Cancellarius.
Dux Bedford, C. P. S.
Dux Somerset.
Comes Suffolk.
Comes Shaftesbury.
Comes Abercorn.
Comes Marchmont.
Comes Aylesford.
Comes Pomfret.
Comes Gower.
Comes Bucks.
Comes Northumb'land.
Comes Temple.
Comes Guilford.
Comes Ilchester.
Comes Delawar.
Viscount Stormont.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Clifton.
Ds. Delamer.
Ds. Foley.
Ds. Romney.
Ds. Ducie.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Ravensworth.
Ds. Feversham.
Ds. Walpole.
Ds. Mansfield.
Ds. Melcombe.
Ds. Boston.

PRAYERS.

State of National Debt, delivered.

The House being informed, "That Mr. Wilford, from the Exchequer, attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty,

A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 11th Day of January 1761, and on the 11th Day of January 1762; together with an Accompt of the Produce of the Sinking Fund in that Year, and to the Payment of what Debts, contracted before the 25th Day of December 1716, the said Fund hath been applied."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Gordon against Ogilvie:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Gordon of Auchanachy, and Alexander Gordon of Whiteley Advocate, his Trustee; complaining of certain Parts of an Interlocutor of the Lords of Session in Scotland, of the 26th of November 1760; and of an Interlocutor of the said Lords, of the 17th of February 1761; and praying, "That the same might be reversed, varied, or amended, or such other Relief given the Appellants as to this House should seem meet:" As also upon the Answer of Grizel Ogilvy put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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 said Interlocutors therein complained of be, and the same are hereby, affirmed.

Seamen, Encouragement of, Bill.

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

With a Bill, intituled, "An Act for the Encouragement of Seamen, and the more speedy and effectual Manning His Majesty's Navy;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return the Bill for Ly. Frances Williams to take the Name of Coningesby.

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

To return the Bill, intituled, "An Act to enable the Right Honourable the Lady Frances Hanbury Williams to take upon her and use the Surname of Coningesby, pursuant to a Proviso in a Settlement made by her Father Thomas Earl Coningesby, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

D. of Bedford and Feoffees of Tavistock Parish Lands, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, commonly called The Feoffees Lands of the Parish of Tavistock, in the County of Devon, in his Grace John Duke of Bedford; and for establishing a better Fund in Lieu thereof," 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.

Holden's, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable John Holden Gentleman, and Thomas Holden his Son, an Infant, and their Trustees, to raise the Sum of One Thousand Pounds, upon certain Estates in Leicestershire and Warwickshire, or on a sufficient Part thereof, to be applied to the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Mason's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for selling Part of the Estates of William Mason Esquire, devised to him by the Will of William Mason Esquire, deceased; and for laying out the Money arising 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."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Browning and Mr. Anguish:

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

Sankey Brock Navigation Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act; made in the Twenty-eighth 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."

Sir Nicholas Carew's Bill.

The Lord St. John of Bletsoe reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Sir Nicholas Hacket Carew Baronet to grant a Lease or Leases of Part of his settled Estate, for the Improvement thereof, pursuant to a Contract by him entered into for that Purpose," 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, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the Bill, with the Amendments, be engrossed.

Pucklechurch, &c. Road Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

With a Bill, intituled, "An Act to amend and render more effectual an Act made in the Twenty-ninth Year of the Reign of His late Majesty, intituled, "An Act for amending and keeping in Repair the Roads leading from Meadbrook, which divides the Parishes of Pucklechurch and Mangotsfield, in the County of Gloucester, to Christian Malford Bridge in the County of Wilts, and also from Pucklechurch aforesaid to certain Coal Mines in the said Parish;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Middlewood Moor, Bill.

Hodie 1a vice lecta est Billa, 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."

Dumsries Duty on Beer, Bill.

Hodie 1a vice lecta est Billa, 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 Penny Scots, or One Sixth Part of a Penny Sterling, on every Pint of Ale or Beer which 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."

Princethorp Enclosure Bill.

Hodie 1a vice lecta est Billa, 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."

Wadesmill Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two several Acts, passed in the Sixth and Sixteenth Years of His late Majesty, for the more effectual repairing the Roads leading from Wadesmill, in the County of Hertford, to Barley and Royston; and for making the said Acts more effectual."

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.

Ly. Stormont's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Henrietta Frederique Viscountess Stormont, Wife of the Right Honourable David Lord Viscount Stormont;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Ashborne, &c. Road, Bill.

Hodie 2a vice lecta est Billa, 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 upon 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."

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

L. Privy Seal.
D. Somerset.
E. Suffolk.
E. Shaftesbury.
E. Abercorn.
E. Marchmont.
E. Aylesford.
E. Pomfret.
E. Gower.
E. Bucks.
E. Temple.
E. Guilford.
E. Delawar.
V. Stormont.
L. Bp. Chichester.
L. Bp. Lincoln.
L. St. John Blet.
L. Delamer.
L. Ducie.
L. Sandys.

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.

Brewers, Victualers, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to prevent vexatious Proceedings against Brewers, Victualers, and others, with respect to the Prices of Beer and Ale; for better securing the Revenue upon Strong 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."

After some Time, the House was resumed.

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

Thom against Dalrymple.

Upon reading the Petition and Appeal of William Thom Advocate in Aberdeen; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 2d and 10th Days of this Instant March; and praying, "That the same may be reversed, or that the Appellant may have such other Relief as to this House in their Lordships great Wisdom should seem meet; and that David Dalrymple Advocate may be required to answer the said Appeal:"

It is Ordered, That the said David Dalrymple may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 20th Day of April next; and Service of this Order upon any of his Lawyers or Agents in the Court of Session in Scotland shall be deemed good Service.

Kerr and Pollock against Wallace & al.

Upon reading the Petition and Appeal of Thomas Kerr and Robert Pollock Merchants in Paisley; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 10th of January 1760; and also of Three Interlocutors of the Lords of Session, of the 17th of November 1761; the 23d of February last, and the 6th of this Instant March; and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem just; and that Janet Wallace and Thomas Buchanan the Younger of Kirkhouse may be required to answer the said Appeal:"

It is Ordered, That the said Janet Wallace and Thomas Buchanan may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 20th 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.

Adjourn.

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

DIE Mercurii, 24o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Duresm.
Epus. Winton.
Epus. Bath. & Wells.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Cicestrien.
Epus. Oxon.
Epus. Petriburg.
Epus. Norvicen.
Epus. Meneven.
Epus. Landaven.
Epus. Lincoln.
Epus. Bristol.
Ds. Henley, Cancellarius.
Dux Argyll.
Dux Ancaster.
Comes Talbot, Senescallus.
Comes Suffolk.
Comes Shaftesbury.
Comes Litchfield.
Comes Abercorn.
Comes Loudoun.
Comes Marchmont.
Comes Aylesford.
Comes Sussex.
Comes Pomfret.
Comes Bucks.
Comes Powis.
Comes Harcourt.
Comes Guilford.
Comes Cornwallis.
Comes Ilchester.
Comes Delawar.
Viscount Weymouth.
Viscount Stormont.
Viscount Falmouth.
Viscount Folkestone.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Cathcart.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Sandys.
Ds. Bruce.
Ds. Ravensworth.
Ds. Feversham.
Ds. Hyde.
Ds. Walpole.
Ds. Lyttelton.
Ds. Melcombe.
Ds. Boston.

PRAYERS.

E. of Essex takes the Oaths.

This Day Henry Earl of Sussex took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Brewers, Victualers, &c. Bill:

Hodie 3a 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; for better securing the Revenue upon Strong 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."

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 Mr. Browning and Mr. Anguish:

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

Ram's Bill.

The Lord Bishop of Bath and Wells reported from the Lords Committees to whom the Bill, intituled, An Act for discharging certain Leasehold Houses and Tenements, comprised in the Marriage Settlement of Humfreys Ram Esquire, from the Trusts of that Settlement; and for settling Freehold Houses of greater Value in Lieu thereof," 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.

Sir Nicholas Carew's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Sir Nicholas Hacket Carew Baronet to grant a Lease or Leases of Part of his settled Estate, for the Improvement thereof, pursuant to a Contract by him entered into for that Purpose."

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

It was Resolved in the Affirmative.

D. of Bedford and Feoffees of Tavistock Parish Lands, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, commonly called The Feoffees Lands of the Parish of Tavistock, in the County of Devon, in his Grace John Duke of Bedford; and for establishing a better Fund in Lieu thereof."

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

It was Resolved in the Affirmative.

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

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

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes); commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker;

The Deputy Clerk of the Crown, at the Table, read the Titles of the Bills to be passed, severally, as follow; (videlicet,)

Bills passed.

"1. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"2. An Act for the Regulation of His Majesty's Marine Forces while on Shore."

"3. 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."

"4. An Act to prevent vexatious Proceeedings against Brewers, Victualers, and others, with respect to the Prices of Beer and Ale; for better securing the Revenue upon Strong 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."

"5. An Act for rendering more effectual several Acts, passed in the Fifth Year of His late Majesty King George the First, and the Thirteenth Year of His late Majesty King George the Second, for repairing the Roads from the Top of Stokenchurch Hill to Enslow Bridge, through the City of Oxford, by Begbroke, to New Woodstock in the County of Oxon; and for repairing the Road from The Crown Alehouse to the Turnpike on Stokenchurch Hill aforesaid; and for repairing the Mile Ways on each Side the said City, as therein mentioned."

"6. An Act for repairing and widening several Roads in the Counties of Cornwall and Devon, leading to the Borough of Saltash, in the County of Cornwall."

"7. An Act for repairing, widening, and altering, the Road from Sandon in the County of Stafford, to Bullock Smithy in the County of Chester; and from Hilderstone to Draycott in the Moors, and from Wetley Rocks to Tean in the said County of Stafford."

"8. An Act for amending and widening the Road from the Turnpike Road at or near the Town of Swindon to the North End or Side of the Town of Marlborough, and from the said Town of Marlborough to the Village of Everley, in the County of Wilts."

"9. An Act for repairing and widening the Roads from a certain Place near Bolton in the Moors to Leigh, and thence to the Guide Post near Golbourne Dale, and to the South End of Newton Bridge, and from the said Guide Post to Winwick; and from Newton, by Parr Stocks, to the Guide Post in Parr, in the County Palatine of Lancaster."

"10. An Act for repairing and widening the Road from the Lostwithiel Turnpike Road in the Parish of Creed, in the County of Cornwall, through Tregony, to Ruan Lanehorne; and from Dennis Water to Three Hundred Yards on the South Side of Trethim Mill in the Parish of Saint Just in the said County."

"11. An Act for repairing, widening, and altering, several Roads leading from Tavistock to Plymouth, and other Places, in the County of Devon."

"12. An Act for amending, widening, and keeping in Repair, the Road from Castle Street at the End of the Town of Hinckley, to Lutterworth Town's End; and from or near the Guide Post at Walcot Town's End in the County of Leicester, to the Eighty Mile Stone in Welford Field in the County of Northampton."

"13. 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."

"14. 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."

"15. An Act for enlarging the Term and Powers granted by Two several Acts, passed in the Sixth and Sixteenth Years of His late Majesty, for the more effectual repairing the Roads leading from Wadesmill in the County of Hertford; to Barley and Royston; and for making the said Acts more effectual."

"16. 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."

"17. An Act for better regulating the Poor, maintaining a Nightly Watch, lighting, paving, and cleansing, the Streets, Rows, and Passages, providing Fire Engines and Firemen, and regulating the Hackney Coachmen, Chairmen, Carmen, and Porters, within the City of Chester."

"18. An Act for the enlightening the Streets, Lanes, and Passages, within the Town and County of the Town of Nottingham."

"19. An Act for supplying the Town of Halifax with Water."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet,)

"Le Roy le veult."

"20. An Act for dividing and enclosing Two Pieces or Parcels of Open and Unenclosed Lands, called The Town Hill and The Burroughs; in the Borough and Manor of Swansea, in the County of Glamorgan."

"21. An Act for dividing and enclosing the Common Fields, Meadows, Pastures, and Waste Grounds, in the Township of Aston upon Trent, in the County of Derby."

"22. 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 Berks."

"23. An Act for dividing and enclosing several Common Fields, Meadows, Pastures, and Waste Grounds, in the Parish of Barrowby, in the County of Lincoln."

"24. 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."

"25. An Act for authorizing and enabling John Woods, William Woods, and John Challen, Merchants, to erect and build One or more Tide Mill or Tide Mills, for grinding Corn and Grain, upon a Creek or Channel in the Manor and Parish of Bishopston, in the County of Sussex."

"26. An Act for Sale of certain Lands, Tenements, and Hereditaments, in the Parishes of Witham, Frary, Marston, or Nunny, in the County of Somerset, devised and limited by the Will of Sir William Wyndham Baronet, deceased; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the same Uses, except as therein mentioned."

"27. 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, Surrey, and Kent; and for vesting and settling the entire Premises to the several Uses therein mentioned."

"28. 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 Christopher 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."

"29. An Act for vesting a Piece or Pieces of Ground in Kensington, in the County of Middlesex, Part of the settled Estate of Robert Phillimore Gentleman, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of Lands, Tenements, and Hereditaments, to be settled and limited to the like Uses as the said Ground now stands settled."

"30. An Act to enable the Right Honourable the Lady Frances Hanbury Williams to take upon her and use the Surname of Coningesby, pursuant to a Proviso in a Settlement made by her Father Thomas Earl Coningesby, deceased."

"31. An Act to enable John Hase Esquire and his Heirs Male to take and use the Surname and Arms of Lombe."

"32. An Act for naturalizing Henrietta Frederique Viscountess Stormont, Wife of the Right Honourable David Lord Viscount Stormont."

"33. An Act for naturalizing Philip Schumacher and Nicholas Brandt."

"34. An Act for naturalizing Jacob Wolffe Esquire, commonly called Baron Wolffe."

"35. An Act for naturalizing Paul Metivier."

"36. An Act for naturalizing James Repinder."

"37. An Act for naturalizing Jean Charnaud."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Monson takes the Oaths.

John Lord Monson took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statues.

Snettisham Enclosure, Bill.

A Message was brought from the House of Commons, by Sir John Turner and others:

With a Bill, intituled, "An Act for dividing and enclosing the Whole-year Lands and Pasture Grounds, Common Fields, Half-year Enclosures, Shack Meadows, and Commons, in the Parish of Snettisham, in the County of Norfolk;" to which they desire the Concurrence of this House.

Thurmaston 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 Fields of Thurmaston, in the Parishes of Belgrave and Barkby, in the County of Leicester;" to which they desire the Concurrence of this House.

Seamen Encouragement of, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Encouragement of Seamen, and the more speedy and effectual manning His Majesty's Navy."

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 Tuesday next.

Sankey Brook Navigation Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act, made (fn. 1) in the Twenty-eighth 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."

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

D. Argyll.
D. Ancaster.
L. Steward.
E. Shaftesbury.
E. Abercorn.
E. Marchmont.
E. Aylesford.
E. Pomfret.
E. Harcourt.
E. Cornwallis.
E. Delawar.
Viscount Falmouth.
L. Bp. Durham.
L. Bp. Litch. & Cov.
L. Bp. Norwich.
L. Willoughby Par.
L. Delamer.
L. Sandys.
L. Ravensworth.

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.

Princethorpe Enclosure Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Field, 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."

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

Mackenzie & al. Appeal withdrawn.

Upon reading the Petition of John Mackenzie of Brae, and Donald Morrison, Appellants in a Cause depending in this House; setting forth, "That, upon the Application of the Respondents, on the 22d Instant, their Lordships were pleased to dismiss their said Appeal, as irregular, as to all the Interlocutors therein complained of, except the last Interlocutor of the 26th of February last;" and praying, "In regard the Petitioners cannot be heard upon the Merits of the Cause on the Appeal as now restricted, that they may be at Liberty to withdraw their said Appeal:"

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

Frazer against His Majesty's Advocate.

Ordered, That the Hearing of the Cause wherein Captain James Fraser of Belladrum is Appellant, and His Majesty's Advocate for Scotland Respondent, et è contra, which stands appointed for Friday, be put off till Monday next.

Order to prevent Stoppages in the Streets vacated, and another substituted instead thereof.

The Earl of Shastesbury reported from the Lords Committees appointed to take into Consideration the Roll of the Standing Orders; to whom it was referred also to consider the Inconveniencies attending the Lords from Obstructions in the Streets, Passages, and Avenues, to the House; and to report their Opinion thereupon.

"That the Committee have again met, and taken into Consideration that Part of the Matter to them referred, relating to Obstructions in the Streets; and, having examined the High Bailiff and High Constable of the City of Westminster in relation thereto, and considered the Order made the First Day of this Session to prevent Stoppages in the Streets, and also the present State of the Streets, and of the Trade of the City of Westm'r; they are of Opinion, that the said Order should be vacated, and the following Order substituted instead thereof; videlicet,

"The House taking Notice, that there is such an Interruption, by Hackney Coaches, Carts, and Drays, in the Streets and Passages leading to this House, that the Lords and others are frequently hindered from coming thereto: It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace of the said City, shall, by their strict Care and Directions to the Constables and other Officers within their Jurisdiction, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and the End of Abingdon Street in Westminster, from Twelve of the Clock at Noon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to stop in the Streets and Passages between the End of Market Lane in Pall Mall and the End of Abingdon Street, between the Hours aforesaid, or to pass through The Old Palace Yard, from One of the Clock in the Afternoon until One Hour after the Rising of this House, during the Sitting of this Parliament; and that all Carriages, Drays, or Carts, hereby permitted to pass through the said Streets and Passages, be obliged to go, one after another, in the Manner following; that is to say, all Carriages, Drays, or Carts, going towards Westm'r, to keep on the Side of the Street or Passage next to Saint James's Park; and all those going the contrary Way, to keep on the other Side of the Street; and upon no Account whatsoever to presume to go Two or more abreast during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House, made this Day, for the Purposes aforesaid."

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

High Bailiff of Westminster & al. to attend.

Ordered, That the High Bailiff and the High Constable of Westm'r do attend this House To-morrow.

Dumfries Duty on Beer, Bill.

Hodie 2a vice lecta est Billa, 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."

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

Ord's Bill.

Hodie 2a 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."

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 Thursday the 8th Day of April next, at the usual Time and Place; and to adjourn as they please.

Middlewood Moor, Bill.

Hodie 2a vice lecta est Billa, 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."

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

Grace against Egan & al.

Upon reading the Petition and Appeal of George Grace of Annameadle in the County of Tipperary in the Kingdom of Ireland Esquire; complaining of an Order of the Court of Chancery in the said Kingdom, of the 22d Day of June 1761, but not passed and signed by the proper Officer of the said Court until the 16th Day of February last; and praying, "That the same may be reversed, or that this House will be pleased to make such other Order for the Appellant's Relief as to their Lordships in their great Wisdom shall seem meet; and that Terence Egan, Richard Ford, Richard Kearney and Catherine Kearney otherwise Ryan his Wife, Ann Ryan Spinster, Julia Ann Blossett, and Peter Degnally, may be required to answer the said Appeal:"

It is Ordered, That the said Terence Egan, Richard Ford, Richard Kearney and Catherine his Wife, Ann Ryan, Julia Ann Blossett, and Peter Degnally, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 28th Day of April next; and Service of this Order upon the Clerks in Court or Attornies of the said Respondents shall be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quintum diem Instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 25o Die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Wigorn.
Epus. Cicestrien.
Epus. Petriburg.
Epus. Lincoln.
Ds. Henley, Cancellarius.
Dux Somerset.
Comes Winchilsea.
Comes Shaftesbury.
Comes Abercorn.
Comes Breadalbane.
Comes Marchmont.
Comes Bute.
Comes Cornwallis.
Comes Hardwicke.
Comes Ilchester.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Clifton.
Ds. Ward.
Ds. Delamer.
Ds. Foley.
Ds. Edgecumbe.
Ds. Ravensworth.
Ds. Feversham.
Ds. Lyttelton.
Ds. Melcombe.
Ds. Boston.

PRAYERS.

D. of Hamilton against Cochrane.

The Answer of John Cochrane, to the Appeal of George James Duke of Hamilton and Brandon, was brought in.

The High Bailiff and the High Constable of the City of Westm'r, attending (according to Order), were called in:

High Bailiff, &c. of Westminster, to take Care that the Order for preventing Stoppages in the Streets is put in Execution.

And being asked, "Whether they had been served with their Lordships Order, made Yesterday, for preventing Obstructions in the Streets and Passages leading to the House?" They acknowledged, "They had been served with a Copy of the said Order, and had read the same."

And thereupon the Lord Chancellor, from the Woolsack, gave them a very strict Charge, "To take Care that the said Order be effectually carried into Execution, as they will answer the contrary to this House."

And then they were directed to withdraw.

Weyhill Road, Bill.

A Message was brought from the House of Commons, by Sir John Griffin Griffin and others:

With a Bill, intituled, "An Act for repairing and widening the Road from the Turnpike Road at Weyhill in the County of Southampton, to the Turnpike Road at Lyde Way in the County of Wilts;" to which they desire the Concurrence of this House.

Whitesheet Road, &c. Bill.

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

With a Bill, intituled, "An Act for repairing the Road from the Turnpike Road on the Top of Whitesheet Hill to a Place called The Hare Warren, and from thence to the Index Post standing near the Blandford Turnpike Road on the Side of Harnham Hill; and also for repairing and widening the Road from the said Index Post to a House called Master Baker's Farm House, in the County of Wilts;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Ram's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for discharging certain Leasehold Houses and Tenements, comprized in the Marriage Settlement of Humfreys Ram Esquire, from the Trusts of that Settlement; and for settling Freehold Houses, of greater Value, in Lieu thereof."

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. Browning and Mr. Anguish:

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

Thurmaston Enclosure, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields of Thurmaston, in the Parishes of Belgrave and Barkby, in the County of Leicester."

Snettisham Enclosure, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Whole-year Lands and Pasture Grounds, Common Fields, Half-year Enclosures, Shack Meadows, and Commons, in the Parish of Snettisham, in the County of Norfolk."

Sir G. Colebrooke & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir George Colebrooke Baronet 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 1a vice lecta est Billa, intituled, "An Act for vesting the Capital Messuage, with the Lands and Hereditaments, at Southgate in the Parish of Edmonton, and at Frian Barnett in the County of Middlesex, and at East Barnett in the County of Hertford, late Part of the Estate of James Colebrooke Esquire, deceased, comprized in the Marriage Settlement of Sir George Colebrooke Baronet, in him and his Heirs; and for settling other Lands and Hereditaments, in the Counties of Surrey and Middlesex, of equal Value, to the same Uses, in Lieu thereof; and for other Purposes in the said Act mentioned."

Fleming's Claim to the Earldom of Wigton; and Resolutions thereon.

The Lord Willoughby of Parham reported from the Lords Committees for Privileges, to whom it was referred to consider of the Petition of Charles Ross Fleming, claiming the Title of Earl of Wigtoun; 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 any Evidence, and desiring further Time, their Lordships have put off the further Proceeding upon the said Claim till the next Session of Parliament; and have come to the following Resolutions; (videlicet,)

"1. Resolved, That it is the Opinion of this Committee, That Charles Ross Fleming, taking upon himself the Title of Earl of Wigtoun, ought, to all Intents and Purposes, to be considered as having no Right to the said Title by him assumed, until he shall have made out his Claim, and procured the same to be allowed in the legal Course of Determination; and that, in the mean Time, until the same shall be so allowed, the said Charles Ross Fleming, or any Person claiming under him, shall not be 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 Charles Ross Fleming 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 2d Time, were severally agreed to by the House; and ordered accordingly.

Welby to enter into a Recognizance on Grace's Appeal.

The House being moved, "That William Welby of The Middle Temple London Esquire may be permitted to enter into a Recognizance for George Grace Esquire, on account of his Appeal depending in this House; he living in Ireland:"

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

Adjourn.

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

DIE Lunæ, 29o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Arch. Ebor.
Epus. Duresm.
Epus. Sarum.
Epus. Roffen.
Epus. Wigorn.
Epus. Cicestrien.
Epus. Landav.
Ds. Henley, Cancellarius.
Dux Manchester.
Comes Suffolk.
Comes Denbigh.
Comes Winchilsea.
Comes Coventry.
Comes Eglintoun.
Comes Abercorn.
Comes Breadalbane.
Comes Marchmont.
Comes Pomfret.
Comes Bucks.
Comes Northumb'land.
Comes Guilford.
Comes Cornwallis.
Comes Ilchester.
Viscount Stormont.
Viscount Folkestone.
Ds. Willoughby Br.
Ds. Clifton.
Ds. Ward.
Ds. Cathcart.
Ds. Masham.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Sandys.
Ds. Bruce.
Ds. Ravensworth.
Ds. Feversham.
Ds. Walpole.
Ds. Mansfield.
Ds. Lyttelton.
Ds. Grantham.
Ds. Boston.

PRAYERS.

Militia, Bill.

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

With a Bill, intituled, "An Act to explain, amend, and reduce into One Act of Parliament, the several Laws now in being, relating to the raising and training the Militia within that Part of Great Britain called England;" to which they desire the Concurrence of this House.

Liverpoole Churches, Bill.

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

With a Bill, intituled, "An Act for building Two new Churches, and providing Burial Places, within the Town of Liverpoole, in the County Palatine of Lancaster; and for the better preserving the Pavements of the Streets in the said Town; and for ascertaining the Fares and Prices to be paid Carters, Carmen, Coachmen, and Chairmen, and for regulating their Behaviour, within the said Town;" to which they desire the Concurrence of this House.

Hampshire and Dorsetshire Roads, Bill.

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

With a Bill, intituled, "An Act to amend an Act, made in the Thirty-second Year of the Reign of His late Majesty, for repairing and widening several Roads, therein mentioned, in the Counties of Southampton and Dorset; and for amending and widening the Road between Ringwood Gate in the County of Southampton to Woolsbridge, and from thence to the Great Western Road between a Place called Thick Thorn and Cashmore Inn;" to which they desire the Concurrence of this House.

Cranbrooke, &c. Roads, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Roads from the White Post on Haselden's Wood in the Parish of Cranbrooke to Appledore Heath, and from Milk House Street in the same Parish to Castleden's Oak in the Parish of Biddenden, and from Golford Green in the said Parish of Cranbrooke to Tanner's Vent in the Parish of Bennenden, in the County of Kent;" to which they desire the Concurrence of this House.

Whissondine Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and Common Grounds, in Whissondine, in the County of Rutland;" to which they desire the Concurrence of this House.

Fraser against His Majesty's Advocate.

After hearing Counsel in Part, in the Cause wherein Captain James Fraser is Appellant, and His Majesty's Advocate for Scotland Respondent; & è contra:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Dumfries, Duty on Beer, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the 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," 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."

Sankey Brook Navigation, Bill.

The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act to amend, and render more effectual, an Act made in the Twenty-eighth 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," 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."

Ashborne Road, Bill.

The Earl of Marchmont also reported from the Lords Committees to whom the 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 upon 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 Thorp in the County of 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."

Middlewood Moor, Bill.

The Earl of Marchmont also reported from the Lords Committees to whom the 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," 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."

Perkins's Bill.

The Lord Boston reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting a Toft or Scite of a Copyhold House in Richmond, in the County of Surrey, 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," 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 One Amendment thereto; which Amendment, together with the Reasons offered to the Committee for dispensing with the Standing Order, requiring an Agreement for the Purchase of another Estate to be settled in Lieu of that 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 Tomorrow.

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

Ordered, That the said Motion be taken into Consideration To-morrow; and the Lords to be summoned.

Militia Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to explain, amend, and reduce into One Act of Parliament, the several Laws now in being, relating to the raising and training the Militia, within that Part of Great Britain called England."

Ordered, That the said Bill be printed.

Whissondine Common, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, and Common Grounds, in Whissondine, in the County of Rutland."

Liverpoole Churches, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for building Two new Churches, and providing Burial Places, within the Town of Liverpoole, in the County Palatine of Lancaster; and for the better preserving the Pavements of the Streets in the said Town; and for ascertaining the Fares and Prices to be paid Carters, Carmen, Hackney Coachmen, and Chairmen, and for regulating their Behaviour within the said Town."

Richards to take the Name of Powell, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, 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," 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.

Fell's Bill.

The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Joseph Fell Esquire to make a Lease of a Farm and Lands in Walthamstowe, in the County of Essex, for a Term of Ninety-nine Years," 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.

Ward against Browne.

Upon reading the Petition of Thomas Browne Esquire, Respondent in a Cause depending in this House, wherein James Ward is Appellant, which stands appointed for hearing on Friday next; alleging, "That the Petitioner cannot possibly be prepared for the said Hearing by that Day, the Papers necessary to be made Use of for the Petitioner's Defence not being transmitted from Ireland;" and therefore praying, "That their Lordships will be pleased to put off the said Hearing till after the Causes already appointed; the Appellant's Agent having signed the said Petition, as consenting thereto:"

It is Ordered, That the Hearing of the said Cause be put off till after the Causes already appointed.

D. of Hamilton & al. against Cochrane.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George James Duke of Hamilton and others are Appellants, and Thomas Cochrane is Respondent:"

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

Urquhart to enter into a Recognizance on Thom's Appeal;

The House being moved, "That Mr. George Urquhart may be permitted to enter into a Recognizance for William Thom, on account of his Appeal depending in this House; he living in Scotland:"

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

and on Kerr's Appeal.

The House being moved, "That Mr. George Urquhart may be permitted to enter into a Recognizance for Thomas Kerr and Robert Pollock, on account of their Appeal depending in this House; they living in Scotland:"

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

Respondents peremptoily to answer Haldane's Appeal.

The House was informed, "That Vice Admiral Francis Holbourne and others, Respondents to the Appeal of Robert Haldane Esquire 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 Robert Wall, Writer in Edinburgh, 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.

Respondents peremptorily to answer Cross Appeal of Grant and Ormo.

The House was informed, "That Charles Cajetan Count Leslie, and Leopoldus, Anthony, and Charles, Counts Leslies, his Three Sons, Respondents to the Cross Appeal of Peter Leslie Grant and David Orme, had not put in their Answer to the said Cross Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Henry Dagge of Bloomsbury Square Esquire, of the due Service of the said Order, being read:

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

Adjourn.

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

DIE Martis, 30o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Duresm.
Epus. Winton.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Wigorn.
Epus. Cicestrien.
Epus. Petriburg.
Epus. Norwicen.
Ds. Henley, Cancellarius.
Comes Suffolk.
Comes Winchilsea.
Comes Shaftesbury.
Comes Litchfield.
Comes Plimouth.
Comes Moray.
Comes Abercorn.
Comes Loudoun.
Comes Marchmont.
Comes Macclesfield.
Comes Graham.
Comes Bucks.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Viscount Stormont.
Ds. St. John Blet.
Ds. Ward.
Ds. Delamer.
Ds. Clifton.
Ds. Ducie.
Ds. Sandys.
Ds. Feversham.
Ds. Walpole.
Ds. Mansfield.
Ds. Lyttelton.
Ds. Melcombe.
Ds. Grantham.
Ds. Boston.

PRAYERS.

Lords take the Oaths.

This Day George Earl of Macclesfield and William Earl Graham took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Game Bill.

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

With a Bill, intituled, "An Act for the better Preservation of the Game in that Part of Great Britain called England;" to which they desire the Concurrence of this House.

Hinckley and Coventry Road, Bill.

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

With a Bill, intituled, "An Act for explaining and amending so much of Two Acts, of the Twentyseventh and Twenty-ninth Years of His late Majesty, for repairing several Roads therein mentioned, in the Counties of Leicester and Warwick, as relates to the Road between Hinckley and Coventry;" to which they desire the Concurrence of this House.

Relief of Vassals of forfeited Estates, 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 Relief of the Vassals of the several Estates which are, or may be, annexed to the Crown, by virtue of an Act passed in the Twenty-fifth Year of the Reign of His late Majesty, and for carrying the Purposes of the said Act more effectually into Execution; and for enforcing and carrying into Execution so much of an Act passed in the First Year of His present Majesty, as relates to the paying and discharging the Wadsetts affecting the Estate of Lovat;" to which they desire the Concurrence of this House.

Bradford Road, Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

With a Bill, intituled, "An Act for repairing, widening, turning, and shortening, the Road from the Turnpike Road on Farrad's Common in the Parish of Bradford, through Holt and Melksham, to Homan's Stile in the Parish of Laycook in the County of Wilts;" to which they desire the Concurrence of this House.

Whitchurch and Winchester Road, Bill.

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

With a Bill, intituled, "An Act for altering, widening, and amending, the Road from the North Gate of the City of Winchester over Worthey Cow Down, through Whitchurch and other Places, to Newtown River; and also the Road from Worthey Cow Down aforesaid, through Wherwell, to the present Turnpike Road at Andover, in the County of Southampton;" to which they desire the Concurrence of this House.

Fraser against His Majesty's Advocate; & è contra:

After hearing Counsel, as well Yesterday as this Day, upon the Original Appeal of Captain James Fraser of Belladrum; complaining of several Interlocutors of the Lords of Session in Scotland, of the 14th of January and 22d of December 1758, the 3d of February and 6th of December 1759; and praying, "That the same might be reversed, altered, or varied; and that this House would give the Appellant such other Relief in the Premises as to their Lordships in their great Wisdom should seem meet:" And Likewise upon the Cross Appeal of Robert Dundas of Arniston Esquire, His Majesty's Advocate for His Majesty's Interest; complaining of Part of Two of the said Interlocutors, of the 14th of January 1758, and 6th of December 1759; and praying, "That the same might be reversed, varied, or altered; or that this House would give the Appellant such other Relief as to their Lordships should seem just:" As also upon the Answer of His Majesty's said Advocate put in to the said Original Appeal, and the Answer of the said James Fraser put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in this Cause:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Interlocutor, of the 14th of January 1758, as finds, "That the Tack in Question was not good against Simon late Lord Lovat, the forfeiting Person; nor is now against the Crown, as coming in his Place; and therefore dismisses the Claim;" and also the said Interlocutors, of the 22d of December 1758, and 3d of February and 6th of December 1759, complained of by the said Original Appeal, be, and the same are hereby, reversed; and that the said Appellant's Claim be sustained.

Perkins Bill: Standing Order dispensed with.

The Lord Boston (according to Order) reported the Amendment made by the Committee to the Bill, intituled, "An Act for vesting a Tost, or Scite of a Copyhold House, in Richmond, in the County of Surrey, 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;" together with the Reasons offered to the Committee for dispensing with the Standing Order in this Case.

Which Amendment, being read Twice by the Clerk, was agreed to by the House.

And thereupon the House proceeded to take into Consideration the Motion made Yesterday, for dispensing with the Standing Order upon this Bill.

And the said Reasons, reported from the Committee, were read, as follow; (videlicet,)

"That, although Mr. Perkins is under an Agreement with the Earl of Cardigan to grant a Lease for Sixty Years of the Scite in Question, there is a fair Prospect that the Earl will chuse to become a Purchaser thereof, at an advantageous Price, rather than take such Lease, in case Mr. Perkins shall be enabled to sell as well as lease; nevertheless, such Sale depends altogether at the Will of the Earl, after Mr. Perkins is enabled to sell or lease.

"That, should this Act pass into a Law, and the said Earl should afterwards decline carrying the Agreement for a Lease into Execution, or becoming a Purchaser; it would, in that Case, be for the Benefit of Mr. Perkins, and all Persons who may claim an Interest in this Estate under the Testator's Will, that a Power should be given to sell.

"That the Premises, under the present Title, and in the Situation they are now in, are of a small and incertain Value.

"That express Provision is made, by the Act, to deposit the Money arising by the Sale of the Premises (in case the same shall be sold) in the Bank of England, until a proper Purchase can be met with."

And Consideration being had thereof:

Ordered, That the said Standing Order be dispensed with, in this Case.

Ordered, That the said Bill, with the Amendment, be engrossed.

Ruggles's Bill.

The Earl of Abercorn reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging divers Lands, Estates, and Hereditaments, devised by the Will of Thomas Ruggles Esquire, deceased, from the Uses and Trusts of the said Will; and for settling other Lands and Tenements, of greater Value, in Lieu thereof, to the like 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.

Princethorpe Enclosure, Bill.

The Earl of Abercorn also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Field, 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," 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."

Fell's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Joseph Fell Esquire to make a Lease of a Farm and Lands in Walthamstowe, in the County of Essex, for a Term of Ninety-nine Years."

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

It was Resolved in the Affirmative.

Richards to take the Name of Powell, Bill:

Hodie 3a 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."

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

It was Resolved in the Affirmative.

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

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

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

Seamen, Encouragement of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for the Encouragement of Seamen, and the more speedy and effectual manning His Majesty's Navy."

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."

Relief of Vassels of forfeited Estates, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for Relief of the Vassals of the several Estates which are, or may be, annexed to the Crown by virtue of an Act passed in the Twenty-fifth Year of the Reign of His late Majesty; and for carrying the Purposes of the said Act more effectually into Execution; and for enforcing and carrying into Execution so much of an Act, passed in the First Year of the Reign of His present Majesty, as relates to the paying and discharging the Wadsetts affecting the Estate of Lovat."

Dundas against Dundas.

Upon reading the Petition and Appeal of Thomas Dundas of Fingask Esquire, and Thomas Dundas of Quarole Esquire, his Eldest Son; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 22d of January and 10th of February last; and also of Two other Interlocutors of the said Lords, of the 9th, and another of the 10th, of this Instant March; and praying, "That the same may be reversed, varied, or amended, or such other Relief given the Appellants as to this House shall seem just; and that George Dundas of Dundas Esquire may be required to answer the said Appeal:"

It is Ordered, That the said George Dundas may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 27th Day of April next; and Service of this Order upon his known Agents or Counsel before the court of Session in Scotland shall be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, tricesimum primum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 31o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cestrien.
Epus. Meneven.
Epus. Lincoln.
Ds. Henley, Cancellarius.
Dux Newcastle.
Comes Suffolk.
Comes Northampton.
Comes Denbigh.
Comes Shaftesbury.
Comes Litchfield.
Comes Eglintoun.
Comes Moray.
Comes Abercorn.
Comes Dunmore.
Comes Loudoun.
Comes Marchmont.
Comes Aylesford.
Comes Macclesfield.
Comes Northumberland.
Comes Guilford.
Comes Darlington.
Comes Ilchester.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Stormont.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Ravensworth.
Ds. Hyde.
Ds. Walpole.
Ds. Mansfield.
Ds. Lyttelton.
Ds. Sondes.
Ds. Grantham.
Ds. Boston.

PRAYERS.

Vis. Say & Sele takes the Oaths.

This Day Richard Lord Viscount Say & Sele took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

St. James's Parish Poor, &c. Bill.

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

With a Bill, intituled, "An Act for the better Relief and Employment of the Poor; and for cleansing the Streets, Lanes, and other Passages and Places, in the Parish of Saint James, within the Liberty of Westminster, and for enlarging the Church-yard belonging to the said Parish;" to which they desire the Concurrence of this House.

Message from H. C. to return Linden's Nat. Bill.

A Message was brought from the House of Commons, by Sir John Phillips and others:

To return the Bill, intituled, "An Act for naturalizing Diederick Wessel Linden;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Milford Harbour, Accompt delivered.

The House being informed, "That Mr. Bogdani, from the Office of Ordnance, attended:"

He was called in; and delivered, at the Bar, pursuant to the Directions of an Act of Parliament of the 31st Year of His late Majesty,

"Accompt of the Application of the Monies appropriated towards carrying on the Works for fortifying and securing the Harbour of Milford, in the County of Pembroke."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Stewart & al. against Dalrymple.

After hearing Counsel in Part, in the Cause wherein Lieutenant James Stewart and others are Appellants, and David Dalrymple is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Bridge Town Pomeroy, Road Bill.

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

With a Bill, intituled, "An Act for amending and keeping in Repair several Roads leading from Bridge Town Pomeroy, and from Teing Bridge, in the County of Devon;" to which they desire the Concurrence of this House.

Seven Oaks, and other Roads in Kent and Sussex, Bill.

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

With a Bill, intituled, "An Act for continuing, enlarging, and rendering more effectual, so much of an Act, made in the Fourteenth Year of the Reign of His late Majesty King George the Second, intituled, An Act for enlarging the Terms and Powers granted by Two Acts of Parliament, for repairing the Roads from Sevenoaks to Woodsgate and Tunbridge Wells, and from Woodsgate to Kippings Cross, in the County of Kent; and also for repairing the Roads from Kippings Cross aforesaid to Lamberhurst Pound and Pullen's Hill in the said County, and to Flimwell Vent in the County of Sussex; as relates to the amending, repairing, and keeping in Repair, the said Roads leading from Kippings Cross aforesaid to Lamberhurst Pound, Pullen's Hill, and Flimwell Vent aforesaid;" to which they desire the Concurrence of this House."

The said last mentioned Bill was read the First Time.

Game Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the better Preservation of the Game in that Part of Great Britain called England."

Whissondine Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields and Common Grounds in Whissondine, in the County of Rutland."

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

D. Newcastle.
E. Suffolk.
E. Denbigh.
E. Shaftesbury.
E. Litchfield.
E. Abercorn.
E. Marchmont.
E. Aylesford.
E. Macclesfield.
E. Guilford.
E. Ilchester.
Vis. Stormont.
L. Bp. Chester.
L. Bp. Lincoln.
L. Willoughby Par.
L. Delamer.
L. Ducie.
L. Grantham.

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.

Marquis of Granby & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Marquis of Granby and the Earl of Aylesford 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 1a vice lecta est Billa, intituled, "An Act for confirming a Partition of so many of the Estates of Charles late Duke of Somerset, deceased, as were by him settled and devised to the Use of Frances late Marchioness of Granby, and of Charlotte Countess of Aylesford, his Two Daughters, and their Issue, in strict Settlement, with several Remainders over; and for vesting and settling the entire Premises to the several Uses therein mentioned; and for the several other Purposes therein mentioned."

Perkins's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting a Tost or Scite of a Copyhold House, in Richmond, in the County of Surrey, 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."

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

It was Resolved in the Affirmative.

Ruggles's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for discharging divers Lands, Estates, and Hereditaments, deviled by the Will of Thomas Ruggles Esquire, deceased, from the Uses and Trusts of the said Will; and for settling other Lands and Tenements, of greater Value, in Lieu thereof, to the like Uses."

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

It was Resolved in the Affirmative.

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

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

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

Winchester Road Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for altering, widening, and amending, the Road from the North Gate of the City of Winchester, over Worthy Cow Down, through Whitchurch and other Places, to Newtown River, and also the Road from Worthy Cow Down aforesaid, through Wherwell, to the present Turnpike Road at Andover, in the County of Southampton."

Relief of Vassals of the Forfeited Estates, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Relief of the Vassals of the several Estates, which are, or may be, annexed to the Crown, by virtue of an Act passed in the Twenty-fifth Year of the Reign of His late Majesty, and for carrying the Purposes of the said Act more effectually into Execution; and for enforcing and carrying into Execution so much of an Act, passed in the First Year of the Reign of His present Majesty, as relates to the paying and discharging the Wadsetts affecting the Estate of Lovat."

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 Friday next.

Weyhill Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Turnpike Road at Weyhill in the County of Southampton, to the Turnpike Road at Lyde Way in the County of Wilts."

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

Snettisham Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Whole-year Lands and Pasture Grounds, Common Fields, Half-year Enclosures, Shack Meadows, and Commons, in the Parish of Snettisham, in the County of Norfolk."

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.

Bradford Road Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing, widening, turning, and shortening, the Road leading from the Turnpike Road on Farrad's Common; in the Parish of Bradford, through Holt and Melksham, to Homan's Stile, in the Parish of Laycock, in the County of Wilts."

St. James's Parish Poor, &c. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor; and for cleansing the Streets, Lanes, and other Passages and Places, in the Parish of Saint James, within the Liberty of Westminster; and for enlarging the Church-yard belonging to the said Parish."

Thurmaston Enclosure, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields of Thurmaston, in the Parish of Belgrave and Barkby, in the County of Leicester."

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

Hungerton Enclosure, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields in the Parish of Hungerton, in the County of Leicester."

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.

Hampshire and Dorsetshire Roads, Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act to amend an Act made in the Thirty-second Year of the Reign of His late Majesty, for repairing and widening several Roads therein mentioned, in the Counties of Southampton and Dorset; and for amending and widening the Road between Ringwood Gate in the County of Southampton, to Woolsbridge, and from thence to the Great Western Road, between a Place called Thick Thorn and Cashmore Inn."

Whitesheet Hill, &c. Road, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road from the Turnpike Road on the Top of Whitesheet Hill, to a Place called The Hare Warren, and from thence to the Index Post standing near the Blandford Turnpike Road on the Side of Harnham Hill; and also for repairing and widening the Road from the said Index Post to a House called Master Baker's Farm House, in the County of Wilts."

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

Dumfries, Duty on Beer, Bill:

Hodie 3a vice lecta est Billa, 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."

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

It was Resolved in the Affirmative.

Seamen, Encouragement of, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Encouragement of Seamen, and the more speedy and effectual manning His Majesty's Navy."

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

It was Resolved in the Affirmative.

Sankey Brook Navigation, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act made in the Twenty-eighth 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."

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

It was Resolved in the Affirmative.

Ashborne Road, Bill.

Hodie 3a vice lecta est Billa, 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 Gale upon 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 Thorp in the County of Derby."

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

It was Resolved in the Affirmative.

Princethorpe Enclosure, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Field, 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."

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

It was Resolved in the Affirmative.

Middlewood Moor, Bill:

Hodie 3a vice lecta est Billa, 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."

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 Six preceding Bills.

And Messages were severally ordered to be 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.

Sir G. Colebrooke's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Capital Messuage, with the Lands and Hereditaments thereunto belonging, at Southgate in the Parish of Edmonton, and at Frian Barnett in the County of Middlesex, and at East Barnett in the County of Hertford, late Part of the Estate of James Colebrooke Esquire, deceased, comprized in the Marriage Settlement of Sir George Colebrooke Baronet, in him and his Heirs; and for settling other Lands and Hereditaments in the Counties of Surrey and Middlesex, of equal Value, to the same Uses, in Lieu thereof, and for other Purposes in the said Act 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 the 2d Day of Meeting after the Recess at Easter, at the usual Time and Place; and to adjourn as they please.

Cranbrooke Road, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from The White Post on Haselden's Wood in the Parish of Cranbrooke to Appledore Heath, and from Milk House Street in the same Parish to Castleden's Oak in the Parish of Biddenden, and from Golford Green in the said Parish of Cranbrooke to Tanner's Vent in the Parish of Benenden, all in the County of Kent."

Borthwick Peerage; Committee put off.

Ordered, That the Sitting of the Committee of Privileges upon the Claim of the Peerage of Borthwick, which is appointed for To-morrow, be put off to Friday next.

Dicker's Executors, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for vesting Two Acres of Land in Walton upon Thames in Trustees, to be sold, and conveyed to the Executors of Samuel Dicker Esquire, for the Benefit of Mary Delver, an Infant," stands referred, be revived; and meet on Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Aprilis jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

  • 1. Bis in Originali.