House of Lords Journal Volume 26: January 1745

January 1745

DIE Lunæ, 14^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of Lincoln to preach the 30th Inst.

Ordered, That the Lord Bishop of Lincoln be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Wednesday the 30th Day of this Instant January.

E. of Thanet's Privilege:

The House being moved, "That the Order made the 3d Day of May last, for taking into Custody one Samuel Jeakes, on the Complaint of a Breach of Privilege committed by him, in causing a Ditch to be made, to enclose Land belonging to the Earl of Thanet, in the Parish of Lydd, in the County of Kent, might be read;"

And the same being read accordingly:

The Serjeant at Arms attending this House was called in; and being inquired of, as to what he had done in the Execution of the said Order; he acquainted their Lordships, "That he did send for the Person complained of, in Custody, pursuant thereunto; and kept him till he was discharged of Course, by the Prorogation of the Parliament, the 12th of the same Month, without his having made his Submission to this House for his said Offence."

And then he was directed to withdraw.

Jeakes to be re-attached.

Ordered, That the said Serjeant at Arms do reattach the Body of the said Samuel Jeakes, and keep him in safe Custody till further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Fitzherbert & al. Petition referred to Judges.

Upon reading the Petition of William Fitzherbert of Shercock in the County of Cavan and Kingdom of Ireland Esquire, and of Andrew and Mary Fitzherbert, Brother and Sister of the said William, and of Letitia and John Buxton Esquire, which said Letitia is also Sister of the said William, married to the said John Buxton, being the Sons and Daughters of William Fitzherbert late of Shercock aforesaid, deceased; praying Leave to bring in a Bill, for Sale of the Manors or reputed Manors of Kineagh and Casshell, alias PierceCourt, in the said County of Cavan, and other Estates in the Petition mentioned, for Payment of Debts, and other Purposes in the Petition expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Wright and Mr. Justice Dennison; with the usual Directions, according to the Standing Order.

Sir J. Peachy & al. Petition referred to Judges.

Upon reading the Petition of Sir John Peachy Baronet, Eldest Son and Heir of Sir John Peachy Baronet, deceased, James Peachy Esquire, Younger Son of the said Sir John Peachy deceased, James Peachy the Elder Esquire, Brother of the said Sir John Peachy, deceased, Thomas Knight Esquire, formerly called Thomas May, for himself and on the Behalf of Thomas Knight, his only Son, an Infant, William Lloyd Gentleman, John Hinton Clerk, Edward Hinton Clerk, Heir at Law of Elizabeth Knight Widow, deceased, and William Guidott Esquire; praying Leave to bring in a Bill, for settling the Manor of Neatham, and other the Premises in the County of Southampton, of the Yearly Rent or Value of £. 686. 18s. belonging to the Petitioner Sir John Peachy, to the Uses limited of the Manor of West Dean and other the Premises in the County of Sussex, belonging to the Petitioner Thomas Knight, by the Will of the said Elizabeth Knight; and for settling the Sussex Estate, of the Yearly Rent of £. 686. 2s. 3½d. belonging to the Petitioner Thomas Knight, in Exchange for the Hampshire Estate, to the Uses limited of the Manor of Neatham; and other the Premises aforesaid, by the Will of Bulstrode Peachy Knight, late of the Parish of Saint Anne, Westminster, Esquire, deceased:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Burnett and Mr. Baron Clarke; with the usual Directions, according to the Standing Order.

Grant & al. to withdraw their Appeal:

A Petition of Alexander Grant of Grantsfield and John Thain Advocate in Aberdeen, was presented, and read; setting forth, "That they brought their Appeal, last Session, from certain Interlocutors of the Lords of Session in Scotland, made in Behalf of Patrick Duguid of Auchinhoe Esquire, to which an Answer has been put in; but there are several Matters and Points in the Cause, which have yet received no Determination by the Court below, though very strongly connected with, and depending upon, the other Matters which have already been determined by that Court; and that both Parties are desirous to have their Judgement upon the whole Matters in Dispute between them, to the End that, if the Parties shall think themselves thereby aggrieved, the Cause may fully come before this House, if it cannot otherwise be accommodated;" and praying, "That the Petitioners may be at Liberty to withdraw their said Appeal; but without Prejudice to their presenting any new one hereafter, as they shall be advised."

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

And the Agent for the Respondent refusing to consent, unless Costs be paid by the Petitioners;

Which their Agent not being instructed to agree to:

They were directed to withdraw.

Petition rejected.

Ordered, That the said Petition be rejected.

Sir D. Campbell's Appeal dismissed.

A Petition of Sir Duncan Campbell of Lochnell Baronet, and Daniel Campbell of Shawfield and Alexander M^cMillan Esquires, was presented, and read; setting forth, "That the Petitioners brought their Appeal to this House, the last Session of Parliament, from certain Interlocutors made by the Court of Session in Scotland, on Behalf of Edmund Armstrong; that the Matters in Difference, upon the said Appeal, are made up to the Satisfaction of all the Parties;" and therefore praying, "That this House will order the said Appeal to be dismissed."

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

And the Respondent's Agent consenting to the Prayer of the said Petition:

They were directed to withdraw.

Ordered, That the said Appeal be dismissed accordingly.

Ouchterlony, to amend his Appeal.

Upon reading the Petition of George Ouchterlony; setting forth, "That, upon perusing the Proceedings in the Cause, on an Appeal of the Petitioner, to which Archibald Hunter and others are Respondents, which came lately to the Petitioner's Agent, it appears that Mr. Charles Murray of Stanhope was made a Party in the Court of Session in Scotland, but omitted so to be in the said Appeal," and praying, That he may be made a Respondent, and ordered to put in his Answer; the Petitioner amending the Respondent's Copy:"

It is Ordered, That the Petitioner be at Liberty to make the said Charles Murray a Respondent to the said Appeal, on the Condition abovementioned.

Viscountess Doneraile against Visc. Doneraile.

Ordered, That the Hearing of the Cause wherein Catherine Sarah Lady Viscountess Dowager Doneraile is Appellant, and Arthur Mohun Lord Viscount Doneraile Respondent, which stands for this Day Sevennight, be put off to the Wednesday following.

Adjourn.

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

DIE Jovis, 17^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hutchinson against Domville.

The Answer of William Domville Esquire, to the Appeal of Hartley Hutchinson Esquire, was brought in:

L. Arch. Hamilton against E. and Count. of Cassillis.

As was also, the Answer of John Earl of Cassillis and Susan Countess of Cassillis, Two of the Respondents to the Appeal of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton.

E. and Count of Cassillis to amend their Appeal.

Upon reading the Petition of John Earl of Cassillis and Susan Countess of Cassillis; praying, "That they may have Leave to amend the Appeal of John late Earl of Selkirk and Ruglen and of the Petitioners, against certain Interlocutors of the Court of Session in Scotland, to which the Lord Archibald Hamilton is Respondent, by adding an Interlocutor of the 22d of January 1741/2, omitted in the said Appeal; and by making Anna Countess of Ruglen and March, Earl of March, Dunbar Earl of Selkirk, Mary Hamilton his Sister, and John Hamilton Writer to the Signet, Respondents thereto; and that they may be ordered to put in their Answer at such Time as to this House shall seem meet."

It is Ordered, That the Petitioners be at Liberty to amend the said Appeal, as desired, by adding the said Interlocutor, and making the said several Parties Respondents, who may have a Copy of the same; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 14th Day of February next; and Service to be good, as prayed.

Murray to answer Ouchterlony's Appeal.

Upon reading the Petition of George Ouchterlony; setting forth, "That Mr. Charles Murray was, on the 14th Instant, made a Respondent to the Petitioner's Appeal, pursuant to the Order of this House;" and praying, "That he may be ordered to put in his Answer thereto, at such Time as to this House shall seem meet:"

It is Ordered, That the said Charles Murray do put in his Answer thereto, on or before Thursday the 14th Day of February next.

Marq. of Annandale, Leave for a Bill.

Upon reading the Petition of George Vanden Bempde Marquis of Annandale; praying Leave to bring in a Bill, to enable him and the Heirs Male of his Body to take and use the Surname of Vanden Bempde, and the Coat of Arms of that Family, pursuant to the Will of John Vanden Bempde, late of the Parish of St. James, in the Liberty of Westminster and County of Middlesex, Esquire, deceased:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Lady Roscommon against Fowke:

The House was informed, "That Mr. Clancy attended, in order to deliver in several Papers, Pleadings, and Proceedings, in the Cause wherein Angel Countess Dowager of Roscommon is Appellant, and Thomas Fowke Esquire Respondent:"

Pleadings proved.

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

And then he was directed to withdraw.

Adjourn.

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

DIE Mercurii, 23^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir P. Boteler & Ux. Petition referred to Judges.

Upon reading the Petition of Sir Philip Boteler of Teston in the County of Kent Baronet, and Dame Elizabeth his Wife; praying Leave to bring in a Bill, for Sale of the settled Estates in the Petition mentioned, in the Counties of Kent and Bedford; and for settling other Estates, in the Counties of Kent and Hereford, to the same Uses as the said settled Estates stand limited by the Petitioner's Marriage Settlement, and in Exchange for the same:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Clarke; with the usual Directions, according to the Standing Order.

Hobbes Petition referred to Judges.

Upon reading the Petition of Martha Hobbes, the Widow and Relict of Rodolph Hobbes Gentleman, deceased, on Behalf of herself and her Two Infant Sons by her said late Husband, and Thomas Hobbes; praying Leave to bring in a Bill, for Sale of certain Estates in West Wicombe, in the County of Bucks, in the Petition mentioned, for Payment of Debts charged thereupon; and for making a Provision for the Petitioner and her Two Infant Children, out of the Surplus arising by such Sale, after Payment of the said Debts:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr. Justice Dennison; with the usual Directions, according to the Standing Order.

Gould's Petition referred to Judges.

Upon reading the Petition of Edward Gould Esquire, Eldest Son of Edward Gould late of London Merchant, deceased, William Gould Clerk, Second Son of the said Edward Gould deceased, Anna Gould, Jane Gould, Mary Gould, Catherine Gould, Frances Gould, Isabella Gould, Sarah Gould, and Henrietta Gould, Spinsters, Daughters of the said Edward Gold deceased; praying Leave to bring in a Bill, to empower the Petitioners Edward Gould and William Gould to make suitable Jointures on such Women as they may respectively marry:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Abney; with the usual Directions, according to the Standing Order.

Parry & Ux. Petition referred to Judges.

Upon reading the Petition of William Parry, of the Town of Monmouth, in the County of Monmouth, Esquire, and Elizabeth his Wife; praying Leave to bring in a Bill, for Sale of certain settled and unsettled Estates, in the County of Wilts, in the Petition mentioned; and, out of the Money arising thereby, to purchase other Freehold Lands of Inheritance, of the clear Yearly Value of £. 200. to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Burnett and Mr. Justice Dennison; with the usual Directions, according to the Standing Order.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up Two Writs of Error; wherein

Reed against Ironside;

and Reed against Mitchell;

Writs of Error.

John Reed is Plaintiff, against Edward Ironside and William Belchier Defendants; and,

The same John Reed is Plaintiff, against Ann Mitchell Defendant.

Report from Commissioners of Greenwich Hospital delivered.

The House was informed, "That a Person from the Commissioners of Greenwich Hospital attended."

He was called in; and delivered, at the Bar, pursuant to the Directions of an Act of Parliament, passed in the Eighth Year of His Majesty's Reign,

"A Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between the 1st of December 1743, and 30th of November 1744; and of their Proceedings in carrying on the Building."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Hutchinson against Domville.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Hartley Hutchinson Esquire is Appellant, and William Domville Esquire 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.

Co. Dowager of March peremptorily to answer Ld. Arch. Hamilton's Appeal.

The House was informed, "That Ann Countess Dowager of March hath not put in her Answer to the Appeal of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Harie Wardlaw Writer in Edinburgh, of the due Service of the said Order, being read:

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

Viscountess Doneraile against Visc. Doneraile.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Catherine Sarah Lady Viscountess Dowager Doneraile is Appellant, and Arthur Mohun Lord Viscount Doneraile Respondent.

And the First Counsel for the Appellant having been fully heard, and some Proceedings on her Part read;

And the Second Counsel on the same Side having been heard, to observe thereupon:

They were all directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow.

Adjourn.

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

DIE Jovis, 24^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Viscountess Doneraile against Visc. Doneraile.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Catherine Sarah Lady Viscountess Dowager Doneraile is Appellant, and Arthur Mohun Lord Viscount Doneraile Respondent.

And the First Counsel for the Respondent having been fully heard:

A Recovery suffered in the Year 1656, by the Respondent's Great Grandfather, was read.

As also, a Deposition of a Witness, to prove what Evidence was produced in the Court of Chancery in Ireland, at the Hearing and Determination of the Cause from which the Appeal is brought.

Which done; the Respondent's Counsel offered to read a Copy of a Private Act of Parliament, passed in that Kingdom in the Year 1707; reciting a Settlement, leading the Uses of the said Recovery.

And the same being objected to by the Counsel for the Appellant, for Reasons by them mentioned Yesterday upon the Opening of the Cause:

The Second Counsel for the Respondent was heard, to argue for reading the Copy of the said Act, as it was introductory to the Evidence intended to be afterwards produced.

Then the First Counsel for the Appellant being heard, by Way of Reply:

They were all directed to withdraw.

And Consideration having been had, by the House, of what was offered relating to the Matter insisted on by the Respondent's Counsel:

It was agreed, That they should be admitted to read the Copy of the said Act, as a Piece of corroborating Evidence.

And the Counsel on both Sides were again called in, and acquainted by the Lord Chancellor with what the House had determined.

Whereupon the Copy of the said Act of Parliament, and the Settlement therein recited, were read.

And then the Counsel were a Second Time directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow.

Adjourn.

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

DIE Veneris, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Viscountess Doneraile against Visc. Doneraile.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Catherine Sarah Lady Viscountess Dowager Doneraile is Appellant, and Arthur Mohun Lord Viscount Doneraile Respondent:

And the Second Counsel for the Respondent having been fully heard, to observe on the Evidence produced on his Part:

The First Counsel for the Appellant was heard, by Way of Reply.

And then the Counsel on both Sides were directed to withdraw.

Ordered and Adjudged, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree and Order of Dismissal therein complained of be, and the same is hereby, affirmed.

The entire Order and Judgement, on hearing this Cause, is as follows; (videlicet,)

Judgement.

"After hearing Counsel, as well on Wednesday last as Yesterday and this Day, upon the Petition and Appeal of Catherine Sarah Lady Viscountess Dowager Doneraile; complaining of a Decree and Order of Dismissal of the Court of Chancery in Ireland, of the 18th of July 1743, made in a Cause wherein the Appellant, by Bill of Revivor, was Plaintiff, and Arthur Mohun Lord Viscount Doneraile in the Kingdom of Ireland and others were Defendants; and praying, that the same might be reversed with Costs, and the Appellant decreed to the Arrears of her Annuity, with Interest and Costs, out of the Real Estate of Arthur Lord Viscount Doneraile, her late Husband, deceased, in the Seizin of the said Arthur Mohun Lord Viscount Doneraile; or that the Appellant might be otherwise relieved, and such Order and Decree made as to this House should seem meet: As also upon the Answer of the said Arthur Mohun Lord Viscount Doneraile 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 and Order therein complained of be, and the same is hereby, affirmed."

Myddleton & al. Petition referred to Judges.

Upon reading the Petition of John Myddleton of ChirkCastle in the County of Denbigh Esquire, for himself, and on the Behalf of Richard Myddleton his only Son, an Infant, John Myddleton the Elder of Guaynynog Esquire, and Mary Myddleton Spinster, Sister and Heir of Sir William Myddleton Baronet, deceased; praying Leave to bring in a Bill, for enabling the said John Myddleton of Chirk-Castle to charge the Estates devised by the Will of the said Sir William, or a sufficient Part thereof, by Way of Mortgage, with the Sum of Six Thousand Seven Hundred Pounds, to be applied for the Payment of the Debts of Robert Myddleton, Brother of the Petitioner John Myddleton of Chirk-Castle; and for settling the Estate late of the said Robert Myddleton, to be purchased therewith, to the Uses limited of ChirkCastle Estate by the Will of the said Sir William, or such of them as are now subsisting:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Abney; with the usual Directions, according to the Standing Order.

Sir J. Peachy & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir John Peachy 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 1^a vice lecta est Billa, intituled, "An Act for exchanging divers Lands and Hereditaments, in Hantshire, belonging to Sir John Peachy Baronet, for other Lands and Hereditaments, in Sussex, belonging to Thomas Knight Esquire."

Adjourn.

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

DIE Lunæ, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hutchinson against Domville.

A Petition of William Domville Esquire, Respondent to the Appeal of Hartley Hutchinson Esquire, was presented, and read; praying, "In regard the Petitioner's Papers have been but lately brought from Ireland, and the Cause of a great Length; that the Hearing may be put off to such further Time as to the House shall seem meet:"

And thereupon the Petitioner's Agent being called in, and heard at the Bar (the Appellant's Agent having signed his Consent):

He was directed to withdraw.

Ordered, That the said Hearing be put off to Friday the First Day of March next.

Sir J. Peachy & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging divers Lands and Hereditaments in Hantshire, belonging to Sir John Peachy Baronet, for other Lands and Hereditaments, in Sussex, belonging to Thomas Knight Esquire."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Tuesday the 12th Day of February next; at the usual Time and Place; and to adjourn as they please.

Jones & Ux. against Bennet & al. and Leigh against Bennet & al.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Jasper Jones Esquire and Frances his Wife, to which Thomas Bennet Gentleman and Mary his Wife, and Henry Spencer Gentleman and Anne his Wife, and others, are Respondents; complaining of a Decree of the Court of Chancery, of the 28th of June 1742; and also upon the Petition and Appeal of Francis Leigh Esquire, to which the said Thomas Bennet and others are Respondents; complaining of an Order of the same Court, of the 4th of June 1742, and also of the abovementioned Decree; and likewise of a subsequent Order of the said Court, of the 23d of March following.

And the First Counsel for the Appellants Jasper Jones and his Wife having been fully heard, and several Proofs and Proceedings on their Part read:

The Counsel on all Sides were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned to Thursday next.

Adjourn.

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

DIE Mercurii, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

In order to solemnize this Day; being, by Act of Parliament, appointed to be observed as a Day of Fasting and Humiliation for the Martyrdom of King Charles the First;

Adjourn.

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

DIE Jovis, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

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

King's Lynn Church, Bill.

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

With a Bill, intituled, "An Act to enable the Parishioners of the Parish of Saint Margaret, within the Borough of Kings Lynn, in the County of Norfolk, to raise Money, by Rates upon themselves, for finishing the Church of the said Parish;" to which they desire the Concurrence of this House.

Malt Bill.

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

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-five;" to which they desire the Concurrence of this House.

Kingston upon Hull Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Road leading from the Town of Kingston upon Hull to and through the Town of Anlaby, and from thence to the Town of Kirk-Ella, in the County of the said Town of Kingston upon Hull;" to which they desire the Concurrence of this House.

The said Bills were all read the First Time.

Marshall & al. against Vaughan & al.

A Petition of Hugh Marshall and others, was presented, and read; setting forth, "That their Appeal, to which John Vaughan and others are Respondents, stands to be heard next in Course; but that, amongst the Appeal Papers transmitted from Ireland, there are several material ones wanting, particularly the Order of the Court of Exchequer in that Kingdom appealed from, without which, the Petitioners are advised, they cannot be prepared for the said Hearing;" and praying, "That the same may be adjourned to such Time as to this House shall seem meet."

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

And being withdrawn:

Ordered, That the said Hearing be accordingly adjourned till To-morrow Three Weeks.

Jones & al. against Bennet & al.

Counsel (according to Order) were called in, to be further heard, upon the Appeals of Jasper Jones Esquire and his Wife, and of Francis Leigh Esquire, to which Thomas Bennet and Elizabeth his Wife and others are Respondents.

And the Second Counsel for the Appellants Jasper Jones and his Wife having been heard, to observe on the Evidence produced on their Part:

The First Counsel for the Appellant Francis Leigh was fully heard, and some Proofs and Proceedings on his Part read.

And the Second Counsel for the said Appellant having been heard, to observe on the Evidence produced on his Part:

The Counsel on all Sides were directed to withdraw.

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

Luscombe & al. Pet. referred to Judges.

Upon reading the Petition of Alexander Luscombe, Henry Popham an Infant of about Twenty Years of Age, by Dorothy Popham Widow, his Mother and Guardian, and Dorothy Popham Spinster, Devisees of the Messuages, Lands, Tenements, and Hereditaments, of Richard Luscombe late of Rattery in the County of Devon Esquire, deceased, and the said Dorothy Popham Widow, the only Sister and Heir at Law of the said Richard Luscombe; praying Leave to bring in a Bill, to vest certain Lands in Ugborough, in the County of Devon, and the Reversions of certain Leasehold Estates and the Rents and Heriots reserved and payable on the Leases thereof, and the Charter Lands in the Petition mentioned, in Trustees, to sell so much of the said Lands in Ugborough aforesaid, as shall be necessary to pay the Mortgage Money, Legacy, and Interest, charged thereon; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Abney; with the usual Directions, according to the Standing Order.

Adjourn.

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