House of Lords Journal Volume 30: February 1761, 11-20

February 1761, 11-20

DIE Mercurii, 11^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Packington Road to discontinue, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for discontinuing the Use of a Road in the Parish of Great Packington in the County of Warwick; and for preventing the Trustees appointed to put in Execution an Act passed in the Thirty-third Year of His late Majesty's Reign, for repairing the Road from Stone Bridge to Castle Bromwich, from erecting a Gate or Turnpike between Stone Bridge and the Place where the Road turns off to Coleshill, 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; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Leeds to Sheffield, Road, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act to amend and render more effectual an Act passed in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, An Act for repairing the Road from Leeds to Sheffield, in the County of York," 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."

Ashburton Road, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from Traveller's Rest in the Parish of Ashburton to Newton Bushel, and from thence to Forches otherwise Forger's Cross, in the Parish of Highweek, in the County of Devon," 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."

Ld. Bolingbroke's Bill; Motion to dispense with the Standing Order.

The House was moved, "That the Standing Order, in relation to Bills for selling Lands in One Place, and buying Lands in another, may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act for vesting Part of the Estate of Frederick Viscount Bolingbroke in the County of Kent, in Trustees, to be sold; and for settling an Estate in the County of Surrey, of greater Value, in Lieu thereof; and for empowering him to sell other Part of the said Kentish Estate for the Purposes therein mentioned," stands committed, may proceed on the said Bill, notwithstanding there is not an actual Agreement yet made for the Purchase of other Lands, to be settled in Lieu of the Lands to be sold, as required by the said Standing Order."

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

Walter's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Plantation and Estate of John Walter Esquire, and Newton his Wife (late Newton Walker Spinster), in the Island of Barbadoes, in Trustees, for raising Money, to be applied in purchasing of Stock, and for other Purposes, for the Improvement of the same Plantation and Estate."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Williams's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of John Williams Esquire, in the County of Essex, in Trustees, to be sold, for raising Money, to discharge Encumbrances; and laying out the Surplus in the Purchase of Lands and Hereditaments, to be settled to the Uses limited of the said settled Estate."

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

Their Lordships, or any Five of them; to meet on Thursday the 26th Day of this Instant February, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Trustees of Tancred's Charity, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Trustees of Tancred's Charity; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for incorporating the Trustees named in the Settlement and Will of Christopher Tancred Esquire; 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."

Late Earl Marischall's Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to enable His Majesty to grant unto George Keith, late Earl Marischall, a Sum therein limited; out of the Principal Money and Interest now remaining due to the Publick, on account of the Purchase-money of certain Parts of the forfeited Estates of the said late Earl."

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."

Dutchy of Cornwall, Leases, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty to make Leases and Copies of Offices, Lands, and Hereditaments, Parcel of His Dutchy of Cornwall, or annexed to the same; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Irish Tallow, Act to extend, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for extending an Act, intituled, An Act to discontinue, for a limited Time, the Duties payable on Tallow imported from Ireland, to Hogs Lard and Grease."

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

It was Resolved in the Affirmative.

Sugar Colonies, Act to continue, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue an Act made in the Sixth Year of the Reign of His late Majesty King George the Second, intituled, An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America."

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

It was Resolved in the Affirmative.

Further Time for qualifying for Offices, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, Officers of the Militia, and others, who have omitted to register or to deliver in their Qualifications within the Time limited by Law; and for giving further Time for those Purposes."

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

It was Resolved in the Affirmative.

Pattrington Road and Haven, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending the Road from Sacred Gate in the Parish of Thorngumbald to Pattrington Creek or Haven, and from the Guide Post in Winestead to Frodingham Gate in or near Widow Branton's Farm in the County of York, and for scouring and cleansing the said Creek or Haven."

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

It was Resolved in the Affirmative.

Fisherton Bridge, Road Bill:

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

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Four 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.

Holburne & al. Magistrates of Inverkeithing against Haldane & al.:

After hearing Counsel, upon the Petition and Appeal of Francis Holburne Vice Admiral of His Majesty's Navy present Provost, Mr. John Cunningham of Balbougie Eldest Baillie, Adam Turnbull Youngest Baillie, James Young Dean of Guild, and George Syme Treasurer of the Borough of Inverkeithing for the current Year, Mr. John Cunningham Younger of Balbougie, James Gibson, William Thomson, John Anderson, Robert Steedman, Mr. John Cant of Grange, Charles Hodge, Robert Brown, Colin Sharpe, Robert Brown Shipmaster, Charles Greig, James Miller, and William Walker, all Counsellors of the said Borough, Andrew Deal Deacon of the Incorporation of Baxters, George Elder Deacon of the Weavers, and Alexander Elder Deacon of the Taylors of the said Borough; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 13th and 29th Days of January last; and praying, "That the same might be reversed, varied, or altered; or that the Appellants might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of Robert Haldane Esquire, David Rankine, Andrew Turnbull, William Currie, John Kelloch, Hugh Grindeston, John Thomson, Andrew Roxburgh, Thomas Chapman, Robert Wilson, Sebastian Swinton, John Kirkaldy, and Thomas Miller, all pretending to be Magistrates and Counsellors of the said Borough of Inverkeithing, Robert Murray, Andrew Tulloch, Andrew Small, and George Dundas, pretending to be elected Deacons of certain Incorporations in the said Borough, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondents, the Sum of Thirty Pounds, for their Costs in respect of the said Appeal.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, duodecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 12^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Asfordby Enclosure, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields of Asfordby in the County of Leicester," 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."

Snowhill Enclosure, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing certain Common Fields and Common Meadows, and a Common Hill, called Snowshill Hill, lying within the Manor of Snowshill, in the County of Gloucester," 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."

Bath Roads, Bill.

The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act to explain and amend so much of an Act passed in the Thirty-second Year of the Reign of His late Majesty, intituled, "An Act to explain, amend, and render more effectual, the Powers granted by several Acts of Parliament, for repairing several Roads leading to the City of Bath, and for amending several other Roads near the said City," as directs the laying out a new Road from the Bridge at Bath to Rush Hill," 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."

Ld. Bolingbroke's Bill;

The Order of the Day was read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order, in relation to Bills for selling Lands in one Place, and buying Lands in another, so far as that the Committee to whom the Bill, intituled, "An Act for vesting Part of the settled Estate of Frederick Viscount Bolingbroke, in the County of Kent, in Trustees, to be sold; and for settling an Estate in the County of Surrey, of greater Value, in Lieu thereof; and for empowering him to sell other Part of the said Kentish Estate, for the Purposes therein mentioned," stands committed, may proceed on the said Bill, notwithstanding there is not an actual Agreement yet made for the Purchase of other Lands, to be settled in Lieu of those to be sold, as required by the said Standing Order.

And Consideration being had thereof accordingly:

Standing Order dispensed with.

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

Late Earl Marischall's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty to grant unto George Keith, late Earl Marischall, a Sum therein limited, out of the Principal Money and Interest now remaining due to the Publick, on account of the Purchase-money of certain Parts of the forfeited Estates of the said late Earl."

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

It was Resolved in the Affirmative.

Ashburton Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Traveller's Rest in the Parish of Ashburton to Newton Bushel, and from thence to Forches otherwise Forger's Cross, in the Parish of Highweek, in the County of Devon."

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

It was Resolved in the Affirmative.

Leeds to Sheffield, Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act passed in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, An Act for repairing the Road from Leeds to Sheffield, in the County of York."

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

It was Resolved in the Affirmative.

Packington Road to discontinue, Bill

Hodie 3^a vice lecta est Billa, intituled, "An Act for discontinuing the Use of a Road in the Parish of Great Packington, in the County of Warwick; and for preventing the Trustees appointed to put in Execution an Act passed in the Thirty-third Year of His late Majesty's Reign, for repairing the Road from Stone Bridge to Castle Bromwich, from erecting a Gate or Turnpike between Stone Bridge and the Place where the Road turns off to Coleshill, in the County of Warwick."

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 Four preceding Bills.

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

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

Tancred's Charity Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for incorporating the Trustees named in the Settlement and Will of Christopher Tancred Esquire, deceased; and to enable them to take the Estate late of the said 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."

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

Their Lordships, or any Five of them; to meet on Friday the 27th Day of this Instant February, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Justices of the Peace, Qualification Act to amend, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act passed in the Eighteenth Year of the Reign of King George the Second, concerning the Qualification of Justices of the Peace; and for other Purposes therein mentioned."

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.

Falmouth Road, Bill.

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

With a Bill, intituled, "An Act for amending and widening the Road leading from the Town of Falmouth in the County of Cornwall, through the Towns of Penryn, Helston, and Marazion, and from thence to and over Marazion River and Bridge, and Two Hundred Feet to the Westward of the said River and Bridge;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum tertium diem instantis Februarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Adjourn.

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

DIE Lunæ, 16^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

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

Ld. Bolingbroke's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the settled Estate of Frederick Viscount Bolingbroke, in the County of Kent, in Trustees, to be sold; and for settling an Estate in the County of Surry, of greater Value, in Lieu thereof; and for empowering him to sell other Part of the said Kentish Estate, 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.

Asfordby Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields of Asfordby, in the County of Leicester."

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

It was Resolved in the Affirmative.

Snowshill Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Common Fields and Common Meadows, and a Common Hill, called Snowshill Hill, lying within the Manor of Snowshill, in the County of Gloucester."

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

It was Resolved in the Affirmative.

Bath Roads, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend so much of an Act passed in the Thirty-second Year of the Reign of His late Majesty, intituled, "An Act to explain, amend, and render more effectual, the Powers granted by several Acts of Parliament, for repairing several Roads leading to the City of Bath, and for amending several other Roads near the said City," as directs the laying out a new Road from the Bridge at Bath to Rush Hill."

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

It was Resolved in the Affirmative.

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

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

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

Address for a State of the Navy Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House a State of the Debt of His Majesty's Navy, as it stood on the 31st of December 1760."

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

Falmouth Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending and widening the Road leading from the Town of Falmouth, in the County of Cornwall, through the Towns of Penryn, Helston, and Marazion, and from thence to and over Marazion River and Bridge, and Two Hundred Feet to the Westward of the said River and Bridge."

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

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

Dalrymple against Stewart & al.

Upon reading the Petition and Appeal of David Dalrymple Esquire, Advocate; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 10th Day of this Instant February; and praying, "That the same may be reversed or altered; or that this House will give the Appellant such other Relief in the Premises as to their Lordships shall seem meet; and that Walter Stewart Esquire Advocate, Lieutenant James Stewart Second Son of John Stewart of Castle Stewart, William Rorison of Ardoch, George Campbell of Avries, Lieutenant William Agnew of General Cornwallis's Regiment of Foot, Nathaniel Duke Esquire of Leaths; and Captain William Stewart of the Regiment of Foot commanded by Lord Blakeney, may be required to answer the said Appeal:"

It is Ordered, That the said Walter Stewart, James Stewart, William Rorison, George Campbell, William Agnew, Nathaniel Duke, and William Stewart, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 16th Day of March next; and Service of this Order upon their known Agents or Procurators before the Court of Session in Scotland shall be deemed good Service.

Tudway's Exchange, Bill; Motion to shorten the Time of the Committee's Meeting.

The House was moved, "That the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees upon Private Bills, may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act for confirming and establishing an Exchange of Lands agreed to be made between Charles Tudway Esquire and the Archdeacon of Wells, in the County of Somerset," stands committed, may meet on an earlier Day than is appointed, in regard the Session is far advanced:"

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

Count Leslie to amend his Appeal.

Upon reading the Petition of Charles Cajetan Count Leslie and Anthony Leslie of Balqubain; setting forth, "That the Petitioners having, in the Beginning of the present Session, preferred their Appeal to this House, against certain Interlocutors of the Court of Session in Scotland; that Court, after the said Appeal was presented, and before the Order was served thereon, did, on the 9th of December last, pronounce another Interlocutor in the same Cause; by which, as well as by the former Interlocutors appealed against, the Petitioners humbly apprehend themselves aggrieved;" and therefore praying Leave to amend their said Appeal, by including the said Interlocutor, they at the same Time amending the Respondents Copy:

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, by adding the said Interlocutor of the 9th of December 1760, as desired; they amending the Respondents Copy.

Kingsington to enter into Recognizance on Sandes's Appeal.

The House being moved, "That John Kingsington of London Merchant may be permitted to enter into a Recognizance for Lancelot Sandes Esquire and his Wife, on account of their Appeal depending in this House; they living in Ireland:"

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

Causes removed.

Ordered, That the Cause wherein Edward Farrell Esquire is Appellant, and Samuel Tomlison Esquire is Respondent, which stands appointed for hearing this Day, be put off till Wednesday next; and that the Cause wherein Thomas Morgan Esquire and others are Appellants, and the Earl of Winchilsea and others are Respondents, which is appointed for Wednesday, be put off to Friday next; and that the Judges do then attend.

Adjourn.

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

DIE Martis, 17^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Ravensworth takes the Oaths.

Henry Lord Ravensworth took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Moreton Pinkney Enclosure, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish, Township, and Liberties, of Moreton Pinkney, in the County of Northampton," 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."

L. Bolingbroke's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of Frederick Viscount Bolingbroke, in the County of Kent, in Trustees, to be sold; and for settling an Estate in the County of Surrey, of greater Value, in Lieu thereof; and for empowering him to sell other Part of the said Kentish Estate, for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Tudway's Exchange, Bill: Committee shortened.

The Order of the Day was read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees upon Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act for confirming and establishing an Exchange of Lands, agreed to be made, between Charles Tudway Esquire and the Archdeacon of Wells, in the County of Somerset," [ (fn. 1) stands committed,] may meet on an earlier Day than is appointed, in regard the Session is far advanced.

And Consideration being had thereof accordingly:

Ordered, That the said Standing Order be dispensed with, in this Case; and that the Committee may meet, to consider the said Bill, To-morrow.

Justices of Peace, Qualification Act to amend, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend an Act passed in the Eighteenth Year of the Reign of King George the Second, concerning the Qualification of Justices of the Peace; and for other Purposes therein mentioned."

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."

Ryton 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 Common Fields, Common Pastures, Waste Grounds, and Commonable Lands, in the Parish of Ryton otherwise Ruyton upon Dunsmore, in the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Mercurii, 18^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tudway's Exchange, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing an Exchange of Lands, agreed to be made, between Charles Tudway Esquire and the Archdeacon of Wells, in the County of Somerset," 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."

Bertie & al. to sell Morse's Estate, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting and settling the Real and Personal Estate of John Morse, late Citizen and Goldsmith of London, deceased, for the Benefit of the several Persons entitled under his Will, and for the better answering and effecting the Intents and Purposes of the same Will," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

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

The King's Answer to Address for Navy Debt.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Monday last, for a State of the Debt of the Navy; and that His Majesty was pleased to say, "He would give Directions that the same be laid before the House accordingly."

Justices of the Peace, Qualification Act to amend Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend an Act passed in the Eighteenth Year of the Reign of King George the Second, concerning the Qualification of Justices of the Peace; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Moreton Pinkney Enclosure, Bill:

Hodie 3^a 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 Parish, Township, and Liberties, of Moreton Pinkney, in the County of Northampton."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two preceding Bills.

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

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

Morgan & al. against E. of Winchilsea & al.

Whereas Friday next is appointed, for hearing the Cause wherein Thomas Morgan Esquire and others are Appellants, and the Earl of Winchilsea and others are Respondents; and for the Judges to attend:

It is Ordered, That the Hearing of the said Cause be put off till this Day Sevennight; and that the Judges do then attend.

Farrell against Tomlison.

After hearing Counsel in Part, in the Cause wherein Edward Farrell Esquire is Appellant, and Samuel Tomlison Respondent:

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

Wilson to enter into a Recognizance on Dalrymple's Appeal.

The House being moved, "That Mr. John Wilson of The Middle Temple may be permitted to enter into a Recognizance for Robert Dalrymple Esquire, on account of his Appeal depending in this House; he living in Scotland:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum nonum diem instantis Februarii, hova undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 19^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dalrymple against Stewart & al.

The Answer of Walter Stewart Esquire, Lieutenant James Stewart, William Rorison, George Campbell, Lieutenant William Agnew, Nathaniel Duke Esquire, and Captain William Stewart, to the Appeal of David Dalrymple Esquire, was brought in.

Falmouth Road, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for amending and widening the Road leading from the Town of Falmouth, in the County of Cornwall, through the Towns of Penryn, Helston, and Marazion, and from thence to and over Marazion River and Bridge, and Two Hundred Feet to the Westward of the said River and Bridge," 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."

Wardington Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Grounds, and Waste Grounds, within Wardington, Williamscott otherwise Willscott, and Coton otherwise Cotes, in the County of Oxford;" to which they desire the Concurrence of this House.

Wappenham Enclosure, Bill.

A Message was brought from the House of Commons, by Sir Edmund Isham and others:

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, Waste Grounds, and Commonable Lands, in the Manor and Parish of Wappenham, in the County of Northampton, exclusive of the Hamlet of Astwell and Faulcut in the said Parish;" to which they desire the Concurrence of this House.

Rector of Newington Butts, to grant Leases, Bill.

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

With a Bill, intituled, "An Act to enable the Rector of the Parish and Parish Church of Saint Mary Newington Butts, in the County of Surry, and his Successors, to grant a Lease or Leases of certain Glebe Lands belonging to the said Rectory;" to which they desire the Concurrence of this House.

Croydon Church, to repair, Bill.

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

With a Bill, intituled, "An Act for repairing the Parish Church of Croydon, in the County of Surry;" to which they desire the Concurrence of this House.

Tudway's Exchange, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming and establishing an Exchange of Lands, agreed to be made, between Charles Tudway Esquire and the Archdeacon of Wells, in the County of Somerset."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Tracy's Bill for Sale of Dodwell's Estate: Motion to dispense with Standing Order.

The House was moved, "That the Standing Order of this House, in relation to Bills for selling Lands in one Place, and buying Lands in another, may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act for selling divers Lands and Hereditaments, in the City of London, and in the Counties of Middlesex, Kent, Buckingham, and Somerset, devised by the Will of Sir William Dodwell Knight, deceased, and purchased in Pursuance thereof, respectively; and for laying out the Money arising by such Sale in purchasing other Lands and Hereditaments, in or near the County of Gloucestar, to be settled, in Lieu thereof, to the Uses of the said Will," stands committed, may proceed on the said Bill, notwithstanding there is not an Agreement yet actually made for the Purchase of another Estate, to be settled in Lieu of that to be sold, as required by the said Standing Order:"

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

Dalrymple against Stewart & al.

The House being moved, "That Monday the Second Day of March next may be appointed, for hearing the Cause wherein David Dalrymple Esquire is Appellant, and Walter Stewart Esquire and others are Respondents:"

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

Farrell against Tomlison: Judgement.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Edward Farrell Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the 13th Day of December 1759; and praying, "That the same might be reversed, or that this House would be pleased to grant the Appellant such other Relief in the Premises as the Circumstances of the Case should require:" As also upon the Answer of Samuel Tomlison put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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 Decree therein complained of be, and the same is hereby, affirmed.

Adjourn.

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

DIE Veneris, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Langton Herring Enclosure, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Commons, and Waste Grounds, lying in the Parish, and within the Precincts of the Manor, of Langton Herring, in the County of Dorset," 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."

Eydon Enclosure, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, Grange Lands, and Waste Grounds, of and in the Manor and Parish of Eydon, in the County of Northampton," 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."

Bertie & al. to sell Morse's Estate, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting and settling the Real and Personal Estate of John Morse, late Citizen and Goldsmith of London, deceased, for the Benefit of the several Persons entitled under his Will; and for the better answering and effecting the Intents and Purposes of the same Will."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Falmouth Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending and widening the Road leading from the Town of Falmouth, in the County of Cornwall, through the Towns of Penryn, Helston, and Marazion, and from thence to and over Marazion River and Bridge, and Two Hundred Feet to the Westward of the said River and Bridge."

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 same Messengers:

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

Dillon's Estate, to vest in Mitchell's Trustee, Bill.

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

With a Bill, intituled, "An Act for divesting out of the Crown the Remainder in Fee of several Lands in Ireland, late the Estate of Martin Dillon Esquire; and for vesting the same in Carleton Whitelocke of the City of Dublin Esquire, and his Heirs, in Trust, for Henry Mitchell of the said City of Dublin, Esquire, his Heirs and Assigns;" to which they desire the Concurrence of this House.

Courts Martial in The East Indies, Bill.

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

With a Bill, intituled, "An Act to extend the Provisions relating to the Holding of Courts Martial, and to the Punishment of Offences committed, in The East Indies, contained in the Act made in the Twentyseventh Year of His late Majesty's Reign, intituled, "An Act for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the United Company of Merchants of England trading to The East Indies; and for the Punishment of Offences committed in The East Indies, or at the Island of Saint Helena," to the said Company's Settlement of Fort Marlborough, and to such other principal Settlements wherein the said Company may be hereafter empowered to hold Courts of Judicature;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Message from H. C. to return Turner & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Jan Turner and August Gottlieh Pieschel;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Pailton Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the dividing and enclosing the Open and Common Fields in the Hamlet of Pailton, in the Parish of Monks Kirby, in the County of Warwick."

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

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

Ryton Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Waste Grounds, and Commonable Lands, in the Parish of Ryton, otherwise Ruyton 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 Thursday next, at the usual Time and Place; and to adjourn as they please.

His Majesty's Advocate against Edwards.

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein John Edwards Esquire is Respondent, which is appointed to be heard on Friday the 27th Instant; praying, "In regard the Parties are in Treaty for an Accommodation of the Matters in Dispute in this Cause, that the Hearing thereof may be delayed till the next Session of Parliament:"

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

Count Lessie against Grant and Orme.

Upon reading the Petition of Charles Cajetan Count Leslie and Anthony Leslie of Balquhain, Appellants in a Cause depending in this House, which stands for Hearing on Monday next; praying, "In regard the Petitioners cannot be properly prepared for the said Hearing on the Day appointed, that their Lordships would be pleased to put off the said Hearing till Friday the 27th Instant; the Respondents Agent consenting thereto:"

It is Ordered, That the Hearing of the said Cause be put off till Friday the 27th Instant, as desired.

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

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

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

Newington Butts, Rector of, to grant Leases, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Rector of the Parish and Parish Church of Saint Mary Newington Butts, in the County of Surrey, and his Successors, to grant a Lease or Leases of certain Glebe Lands belonging to the said Rectory."

Wardington Enclosure, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Grounds, and Waste Grounds, within Wardington, Williamscott otherwise Willscott, and Coton otherwise Cotes, in the County of Oxford."

Croydon Church, to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Parish Church of Croydon, in the County of Surrey."

Exhall Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Pastures, Meadows, and other Grounds, within the Parish of Exball, in the County of the City of Coventry;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Wappenham Enclosure, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, Waste Grounds, and Commonable Lands, in the Manor and Parish of Wappenham, in the County of Northampton, exclusive of the Hamlet of Astwell and Faulcut in the said Parish."

Tracey to sell Dodwell's Estate; Standing Order dispensed with.

The Order of the Day was read, for taking into Consideration the Motion made Yesterday for dispensing with the Standing Order, in relation to Bills for selling Lands in one Place, and buying Lands in another, so far as that the Committee to whom the Bill, intituled, "An Act for selling divers Lands and Hereditaments, in the City of London, and in the Counties of Middlesex, Kent, Buckingham, and Somerset, devised by the Will of Sir William Dodwell Knight, deceased, and purchased in Pursuance thereof, respectively; and for laying out the Money arising by such Sale in purchasing other Lands and Hereditaments, in or near the County of Gloucester, to be settled, in Lieu thereof, to the Uses of the said Will," stands committed, may proceed on the said Bill, notwithstanding there is not ancactual Agreement yet made for the Purchase of another Estate, to be settled in Lieu of that to be sold; as required by the said Order.

And Consideration being had thereof accordingly:

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

Willis's Bill's Motion for dispensing with Standing Order.

The House being moved, "That the said Standing Order may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act for selling a Messuage and Lands in Whaddon, in the County of Bucks, settled by the late Brown Willis Esquire on the Marriage of his Son; and for purchasing another Estate, in Lieu thereof, to be settled to the same Uses," stands committed, may proceed on the said Bill, notwithstanding there is not an actual Agreement yet made for the Purchase of another Estate, to be settled in Lieu of that to be sold, as required by the said Order:

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

Adjourn.

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