House of Lords Journal Volume 27: March 1751, 11-20

March 1751, 11-20

DIE Lunæ, 11^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Sir William Maxwell's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Sir William Maxwell of Monreith Baronet, and the Heirs of Entail for the Time being, to sell Lands in the County of Wigtoun, for the Payment of Debts, and other Purposes therein mentioned"

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 26th Instant, at the usual Time and Place, and to adjourn as they please.

Webb, Leave to bring an Appeal.

A Petition of Noah Webb of Dunsaghlin in the County of Meath in Ireland Esquire, was presented, and read, setting forth, "That the Petitioner, being advised he was greatly aggrieved, by a Decree of the Court of Chancery in that Kingdom, immediately prepared an Appeal therefrom to this House, but though the said Decree was pronounced on the 7th of December last, yet the drawing up the same was so long delayed, as that the Petitioner's Agent did not receive Advice thereof till Friday last," and praying, That he may be at Liberty now to exhibit his Appeal, as if the same had been brought within the Time limited by the Standing Order."

And thereupon the Petitioner's Agent was called in, and heard at the Bar.

And being withdrawn:

Ordered, That the Petitioner be at Liberty to exhibit his Appeal, as desired.

Webb against St Lawience & al.

Accordingly an Appeal of the said Noah Webb, was presented, and read, complaining of the said Decree, made in a Cause wherein Robert St Lawrence and George Woods were Plaintiffs, and the Appellant Defendant, and praying, "That the same may be reversed and set aside, and that the Injunction thereby granted may be dissolved, and the Plaintiffs Bill dismissed with Costs, 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."

It is Ordered, That the said Robert St. Lawrence and George Woods may have a Copy or Copies of the said Appeal, and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 15th Day of April next, and that Service of this Order on their Clerk in Court or Attorney be deemed good Service.

Messages from H C to return Copley's Divorce Bill.

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

To return the Bill, intituled, "An Act to dissolve the Marriage of Godfrey Copley Esquire with Anna Maria Brace his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, without any Amendment.

Smith to take the Name of Panuwell, Bill.

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

With a Bill, intituled, "An Act to enable Thomas Smith, now called Thomas Panuwell, and the Heirs of his Body, to take and use the Surname and Arms of Panuwell," to which they desire the Concurrence of this House.

Fox to take the Name of Lane, Bill.

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

With a Bill, intituled, "An Act to enable George Lane, heretofore called George Fox, Esquire, and his Issue Male, to take and use the Surname and Arms of Lane, pursuant to the Will of James Lord Viscount Lanesborough, in the Kingdom of Ireland, deceased; and for enroling the said Will, and making the Exemplification thereof Evidence in all Courts of Great Britain and Ireland," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Jekyll's Bill.

Ordered, That all the Lords who have been present this Session, and are not of the Committee to whom the Bill, intituled, "An Act for vesting the undivided Twelfth Part of John Jekyll an Infant, in the Real Estate of Sir Joseph Jekyll Knight, deceased, in Trustees, to be sold, for the Purposes therein mentioned," [ (fn. 1) stands committed] be added thereunto.

E Cowper's Bill.

The like Motion and Order was made, with respect to the Committee to whom the Bill, intituled, "An Act for charging divers Houses, Tenements, and Hereditaments, in the City of London, and County of Hertford, Part of the settled Estate of William Earl Cowper, with raising Money towards defraying the Expences of re-building the said Houses in London, burnt down and destroyed by Fire," stands committed.

Commencement of the Year, regulating Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for regulating the Commencement of the Year, and correcting the Calendar now in Use"

Ordered, That the said Bill be read a Second Time on this Day Sevennight.

Peers's Bill Committee to proceed.

The Order of the Day being read, for taking into Consideration the Motion made on Thursday last, for dispensing with the Standing Order of this House, 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 Sale of a Capital Messuage at Bromley, and divers Messuages, Lands, and Hereditaments, in the Counties of Middlesex and Essex, late the Estate of Sir Charles Peers Knight, deceased, some Time since One of the Aldermen of the City of London, and for purchasing another Estate, to be settled to the Uses of his Will," stands committed, may proceed on the said Bill, not withstanding there is not yet any Agreement made for the Purchase of other Lands, as is directed by the said Standing Order"

And Consideration being had thereof accordingly.

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

Pleydell's Bill.

The like Proceeding was had, upon the Bill, intituled, "An Act for Sale of the Estate late of Edmund Pleydell Esquire, in Gloucestershire, and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Will."

Order to prevent Stoppages in the Streets to be observed.

The House being informed, "That the High Bailiff and High Constable of the City and Liberty of Westminster, pursuant to their Lordships Order on Wednesday last, attended"

They were severally called in, and informed of what Interiuptions by Carts and Carriages had been lately given to the Lords, in their coming to the House, and were thereupon respectively directed to give an Account of what they had done, in the Execution of the Order made the First Day of this Session of Parliament, to prevent Stoppages in the Streets, and of any, and what, Obstructions which may have been given to them therein.

Who being severally heard thereupon at the Bar, and withdrawn.

The House took this Matter into Consideration, and agreed, That the said Officers be called in again, and enjoined to take Care that the said Order be duly and effectually executed for the future, on Pain of incurring their Lordships Displeasure.

And the said Officers were accordingly called in, and the Lord Chancellor acquainted them with what the House had directed.

And then they were directed to withdraw.

Adjourn.

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

DIE Martis, 12^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ.

PRAYERS.

Message from H C to return the Bill for Smith to take the name of Holworthy.

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

To return the Bill, intituled, "An Act to enable Samuel Smith Esquire to take and use the Surname of Holworthy only, and bear the Coat Armour of Matthew Holworthy Esquire, deceased, pursuant to the Will of Elizabeth his Widow, also deceased," and to acquaint this House, that they have agreed to the same, without any Amendment.

Smith to take the Name of Panuwell, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Smith, now called Thomas Panuwell, and the Heirs of his Body, to take and use the Surname and Arms of Panuwell."

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

Fox to take the Name of Lane, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable George Lane, heretofore called George Fox, Esquire, and his Issue Male, to take and use the Surname and Arms of Lane, pursuant to the Will of James Lord Viscount Lanesborough in the Kingdom of Ireland, deceased, and for enroling the said Will, and making the Exemplification thereof Evidence in all Courts of Great Britain and Ireland"

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.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present.

His Majesty, being seated on the Throne, with the accustomed Ceremonies, the Prince of Wales and the Duke of Cumberland (in their Robes) sitting in their respective Places (the Lords being also in their Robes), the Gentleman Usher of the Black Rod received His Majesty's Command, to let the Commons know, "It is His Pleasure, that they attend Him immediately, in this House"

Who being come, with their Speaker, he, after a short Introduction in relation to the Money Bills ready for the Royal Assent, delivered the same to the Clerk; who brought them to the Table, where the Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follow, (videlicet,)

Bills passed.

"1. An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-one"

"2 An Act for granting to His Majesty the Sum of Two Millions One Hundred Thousand Pounds, to be raised by Annuities and a Lottery, and charged on the Sinking Fund, redeemable by Parliament"

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

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsile veult."

"3. An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His present Majesty, for repairing the Road between Stamford and Grantham, in the County of Lincoln, and for making the same more effectual."

To this Bill the Royal Assent was pronounced, in these Words, (videlicet,)

"Le Roy le veult."

"4. An Act to dissolve the Marriage of Godfrey Copley Esquire with Anna Maria Brace his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

"5. An Act to enable Samuel Smith Esquire to take and use the Surname of Holworthy only, and bear the Coat Armour of Matthew Holworthy Esquire, deceased, pursuant to the Will of Elizabeth his Widow also deceased"

"6. An Act to enable John Heath Esquire, and his Heirs Male, to take and use the Surname and Arms of Duke, according to the Direction of the last Will and Testament of Richard Duke Esquire, deceased."

"7 An Act for naturalizing John Liotard, Daniel Richard, Daniel Ferrand, Charles Boucher, and John Schnely."

"8. An Act for naturalizing Christopher Jacob Krauter."

To these Bills the Royal Assent was severally pronounced, 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.

Adjourn.

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

DIE Jovis, 14^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Gordon against His Majesty's Advocate, His Majesty's Advocate against Boyd, Inglis against Sym,

The Answer of His Majesty's Advocate for Scotland, to the Cross Appeal of John Gordon Esquire.

Also, the Answer of James Boyd of Kilmarnock and others, to the Appeal of His Majesty's said Advocate.

Likewise, the Answer of Robert Sym Writer to the Signet, to the Appeal of William Inglis Merchant in Glasgow

Moir against Montgomery.

And also, the Answer of Ann Montgomery and others, to the amended Appeal of George Montgomery Moir;

Were brought in.

Peers's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of a Capital Messuage at Bromley, and divers Messuages, Lands, and Hereditaments, in the Counties of Middlesex and Essex, late the Estate of Sir Charles Peers Knight, deceased, some Time since One of the Aldermen of the City of London, and for purchasing another Estate, to be settled to the Uses of his 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, and that the Committee had gone through the Bill, and made some Amendments thereunto"

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

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

Stevensons to answer Montgomery Moirs Appeal.

Upon reading the Petition of George Montgomery Moir Esquire, setting forth, "That, pursuant to the Order of this House of the 6th Instant, he has amended his Appeal, by making Alexander and Archibald Stevensons, Joint Procurators Fiscal of the Commissary Court of Edinburgh, Parties to the same," and praying, "That the usual Summons may be awarded, for them to answer thereto."

It is Ordered, That the said Parties may have a Copy of the said Appeal, and do put in their Answer thereunto, in Writing, in Four Weeks.

Hamersley to enter into Recognizance for Webb.

The House being moved, "That Hugh Hamersley of Lincoln's Inn Gentleman may be permitted to enter into a Recognizance for Noah Webb Esquire, on account of his Appeal depending in this House, he being in Ireland"

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

Guertz against Heyliger:

Upon reading the Petition of Andrew Guertz, Defendant in a Writ of Error, wherein George Heyliger is Plaintiff, praying, "In regard the Petitioner apprehends the said Writ of Error is brought only for Delay, that the same may be Non pros'd, with such Costs as to this House shall seem meet"

Writ of Error Non prosd

It is Ordered, That the Petitioner do forthwith enter a Non pros on the said Writ of Error, as desired, and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House And further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

His Majesty's Advocate against Boyd & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein His Majesty's Advocate for Scotland is Appellant, and James Boyd of Kilmarnock and others are Respondents"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 27th Instant.

Foulis against Dodswell & al.

The like Motion and Order, for hearing the Cause wherein John Foulis Clerk is Appellant, and Richard Dodswell and others are Respondents, for Friday the 29th Instant.

Inglis against Sym.

The like Motion and Order, for hearing the Cause wherein William Inglis Merchant in Glasgow is Appellant, and Robert Sym Writer to the Signet Respondent, on the First Day for Causes after the Recess at Easter.

Mutiny Bill.

A Message was brought from the House of Commons, by Mr Fox Secretary at War and others.

With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and then Quarters," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Trials by Jury better regulating, Bill.

Ordered, That the Bill, intituled, "An Act for the better Regulation of Trials by Jury," be read a Second Time on Tuesday next, and that the Lords be summoned; and that the Judges in Town do then attend this House.

Adjourn.

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

DIE Veneris, 15^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

His Majesty's Advocate against Gordon.

The Answer of John Gordon Esquire, to the Appeal of William Grant Esquire, His Majesty's Advocate for Scotland, was put in.

Fox to take the Name of Lane, Bill.

The Lord Berkeley reported from the Lords Committees to whom the Bill, intituled, "An Act to enable George Lane, heretofore called George Fox, Esquire, and his Issue Male, to take and use the Surname and Arms of Lane, pursuant to the Will of James Lord Viscount Lanesborough in the Kingdom of Ireland, deceased, and for enroling the said Will, and making the Exemplification thereof Evidence in all Courts of Great Britain and Ireland," 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."

Smith to take the Name of Panuwell, Bill.

The same Lord made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enable Thomas Smith, now called Thomas Panuwell, and the Heirs of his Body, to take and use the Surname and Arms of Panuwell," was committed.

Peers's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of a Capital Messuage at Bromley, and divers Messuages, Lands, and Hereditaments, in the Counties of Middlesex and Essex, late the Estate of Sir Charles Peers Knight, deceased, some Time since One of the Aldermen of the City of London, and for purchasing another Estate, to be settled to the Uses of his 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 Elde and Mr. Burroughs

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

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Thames and Isis, Navigation, Bill.

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

With a Bill, intituled, "An Act for the better carrving on and regulating the Navigation of the Rivers Thames and Isis, from the City of London Westward, to the Town of Cricklade, in the County of Wilts," to which they desire the Concurrence of this House.

Persons who have not taken the Oaths, Indemnification, Bill.

A Message was brought from the House of Com mons, by Sir William Yonge and others.

With a Bill, intituled, "An Act to indemnify Persons who have omitted to quality themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Taylor to take the Nane of Levbourne, Bill.

The Earl of Findlater (pursuant to the Order of the 7th Instant) presented to the House a Bill, intituled "An Act to enable William Leybourne, formerly called William Leybourne Taylor, to take and use the Surname of Leybourne only, and bear the Coat of Arms of the Family of Leybourne, pursuant to the Will of his Uncle William Leybourne, deceased."

The said Bill was read the First Time.

Adjourn.

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

DIE Lunæ, 18^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Drummond against His Majesty's Advocate.

The Answer of William Grant Esquire, His Majesty's Advocate for Scotland, to the Appeal of Thomas Drummond of Logrealmond Esquire, was brought in.

His Majesty's Advocate against Gordon.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Grant Esquire, His Majesty's Advocate for Scotland, is Appellant, and Captain John Gordon Respondent, et è contra"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Second Day for Causes after the Recess at Easter

Moir against Montgomery & al.

The like Motion and Order, for hearing the Cause wherein George Montgomery Moir is Appellant, and Ann Montgomery and others are Respondents, on the Third Day after the said Recess.

Count Dow of Strathmore, new Respondents to Appeal.

A Petition of Susanna Countess Dowager of Strathmore, was presented, and read, praying "In regard Susan Janet Emilia Forbes, and Alexander and Archibald Stevensons, were omitted to be made Parties to the Petitioner's Appeal, that she may be at Liberty to amend the same, by making those Persons Respondents thereto, and that they may be ordered to answer."

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

And being withdrawn.

Ordered, That the Persons abovementioned be made Respondents to the said Appeal, and that they do put in their Answer or respective Answers thereunto, in Writing, in Four Weeks.

Shanly against Harrison & al;

Upon reading the Petition of John Harrison, Mary Atkins, and Mary Mitchell, otherwise Harrison, Respondents to the Appeal of Thomas Shanly Gentleman, setting forth, "That, in or about May 1749, the same was presented to this House, complaining of a Decree obtained against him by the Petitioners, in the Court of Exchequer in Ireland, on or about the 22d of June 1748, and of several subsequent Orders and Proceedings of that Court, and the said Appeal standing to be heard on Wednesday next, the said Appellant hath now come to an Agreement with the Petitioners, that his Appeal should be absolutely dismissed, and the Decree and Proceedings affirmed," and praying, "That the said Appeal may be dismissed, without Costs on either Side, and an Affirmance granted."

And after hearing Mr. John Cowper Agent for the Appellant, and Mr Hugh Watson Agent for the Petitioners, at the Bar.

And being withdrawn.

Judgement by Consent.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (by Consent of the said Agents respectively), That the said Petition and Appeal be, and is hereby, dismissed this House, and that the said Decree, Orders, and Proceedings therein complained of be, and the same are hereby, affirmed.

E. Cowper's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for charging divers Houses, Tenements, and Hereditaments, in the City of London and County of Hertford, Part of the settled Estate of William Earl Cowper, with raising Money towards defraying the Expences of rebuilding the said Houses in London, burnt down and destroyed by Fire," 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 then Consents, and that the Committee had gone through the Bill, and made some Amendments thereunto"

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

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

Thames and Isis, Navigation, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better carrying on and regulating the Navigation of the Rivers Thames and Isis, from the City of London Westward, to the Town of Cricklade, in the County of Wilts."

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

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

Fox to take the Name of Lane, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable George Lane, heretofore called George Fox, Esquire, and his Issue Male, to take and use the Surname and Arms of Lane, pursuant to the Will of James Lord Viscount Lanesoorough in the Kingdom of Ireland, deceased, and for enroling the said Will, and making the Exemplification thereof Evidence in all Courts in Great Britain and Ireland"

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

It was Resolved in the Affirmative.

Smith to take the Name of Panuwell, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Thomas Smith, now called Thomas Panuwell, and the Heirs of his Body, to take and use the Surname and Arms of Ponuwell"

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 Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr Bennet and Mr Allen

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Persons who have not taken the Oaths, Indemnification, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose"

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Message from H C to return Hulse's Bill,

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

To return the Bill, intituled, "An Act for empowering the Trustees named in the Settlement made upon the Marriage of Edward Hulse Esquire and Hannah his Wife to lay out Part of the Trust Monies therein mentioned in the Purchase of Reversionary Estates, as well as Lands in Possession, to be settled to the Uses of the said Marriage Settlement, with Power to make Leases thereof, according to the Custom of the County," and to acquaint this House, that they have agreed to the same, without any Amendment.

Land Tax, Bill,

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

With a Bill, 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 Fifty one," to which they desire the Concurrence of this House.

Exchequer Bills, Bill.

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

With a Bill, intituled, "An Act for enabling His Majesty to raise the several Sums of Money therein mentioned, by Exchequer Bills, to be charged on the Sinking Fund, and for empowering the Commissioners of the Treasury to pay off the Old and New unsubscribed South Sea Annuities out of the Supply granted to His Majesty for the Service of the Year One Thousand Seven Hundred and Fifty-one, and for enabling the Bank of England to hold General Courts and Courts of Directors, in the Manner therein directed; and for giving certain Persons Liberty to subscribe Bank and South Sea Annuities omitted to be subscribed, pursuant to Two Acts of the last Session of Parliament," to which they desire the Concurrence of this House.

Devizes Road, repairing, Bill.

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

With a Bill, intituled, "An Act for repairing the Road leading from West Lavington to The Devizes, and from The Devizes to Seead, in the County of Wilis,' to which they desire the Concurrence of this House.

The Three last mentioned Bills were all read the First Time.

Mainwaring Ellerker & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Eaton Mainwaring Ellerker Esquire 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 the effectual securing of a Jointure, by Way of Rent Charge, for Barbara Mainwaring Ellerker, Wife of Eaton Mainwaring Ellerker Esquire, and raising Portions for their Younger Children, pursuant to an Agreement contained in then Marriage Settlement, and for confirming and establishing the Surname of Ellerker, and the Coat of Arms of the Ellerkers of Risby, in the County of York, and the Crest granted by King Henry the Eighth, to the said Eaton Mainwaring Ellerker and his Issue"

Commencement of the Year, regulating, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating the Commencement of the Year, and correcting the Calendar now in Use"

Ordered, That the said Bill be committed to a Committee of the whole House, on Wednesday next.

Taylor to take the Name of Leyborne, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Leyborne, formerly called William Leyborne Taylor, to take and use the Surname of Leyborne only, and bear the Coat of Arms of the Family of Leyborne, pursuant to the Will of his Uncle William Leyborne deceased."

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

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

Barlow's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for vesting Part of the settled Estate of George Barlow Esquire in him and his Heirs, and for settling another Part of his Estate, of greater Value, to the same Uses, in Lieu thereof," stands committed, berevived, and meet on Wednesday next.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

After some Time, the House was resumed.

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

Adjourn.

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

DIE Martis, 19^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Count Dow of Strathmore against Forbes & al.

The Answer of George Forbes Gentleman and others, to the Appeal of Susanna Countess Dowager of Strathmore, was brought in.

St Alban's Road, repairing, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, for repairing the Highways through the several Parishes of St Michael, St. Alban, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Dutch Dow. of Argyll's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the most Noble Jane Dutchess Dowager of Argyll and Greenwich to grant Leases of the Ground, and Repairing Leases of the Houses and Buildings, in the County of Middlesex, mentioned in the Will of John late Duke of Argyll and Greenwich, deceased," 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, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Pleydell's Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estate late of Edmund Pleydell Esquire, in Gloucestershire, and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Will," was committed.

And the said Bills were severally ordered to be engrossed.

Devizes Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from West Lavington to The Devizes, and from The Devizes to Seend, in the County of Wilts"

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

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

F Cowper's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for charging divers Houses, Tenements, and Hereditaments, in the City of London and County of Hertford, Part of the settled Estate of William Earl Cowper, with raising Money, towards defraying the Expences of re-building the said Houses in London, burnt down and destroyed by Fire."

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 Bennet and Mr Allen

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

Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters"

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.

Lard Tax Bill.

Hodie 2^a vice lecta est Billa, 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 Fifty-one."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Exchequer Bills, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling His Majesty to raise the several Sums of Money therein mentioned, by Exchequer Bills, to be charged on the Sinking Fund, and for empowering the Commissioners of the Treasury to pay off the Old and New unsubscribed South Sea Annuities out of the Supply granted to His Majesty for the Service of the Year One Thousand Seven Hundred and Fiftyone; and for enabling the Bank of England to hold General Courts and Courts of Directors, in the Manner therein directed, and for giving certain Persons Liberty to subscribe Bank and South Sea Annuities omitted to be subscribed pursuant to Two Acts of the last Session of Parliament."

Ordered, That the said Bill be committed to a Committee of the whole House, To morrow.

Thames and Isis Navigation, Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for the better carrying on and regulating the Navigation of the Rivers Thames and Isis, from the City of London Westward, to the Town of Cricklade, in the County of Wilts," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Mainwaring Ellerker; Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the effectual securing of a Jointure, by Way of Rent Charge, for Barbara Mainwaring Ellerker, Wife of Eaton Mainwaring Ellerker Esquire, and raising Portions for their Younger Children, pursuant to an Agreement contained in their Marriage Settlement; and for confirming and establishing the Surname of Ellerker, and the Coat of Arms of the Ellerkers of Risby, in the County of York, and the Crest granted by King Henry the Eighth, to the said Eaton Mainwaring Ellerker and his Issue."

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

Then Lordships, or any Five of them, to meet on Wednesday the Third Day of April next, at the usual Time and Place, and to adjourn as they please.

Trials by July, better regulating, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better regulating of Trials by Jury"

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Persons who have not taken the Oaths, Indemnification, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose."

After some Time, the House was resumed.

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

Adjourn.

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

DIE Mercurii, 20^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Dutch Dow of Argyll's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the most Noble Jane Dutchess Dowager of Argyll and Greenwich to grant Leases of the Ground, and Repairing Leases of the Houses and Buildings, in the County of Middlesex, mentioned in the Will of John late Duke of Argyll and Greenwich, deceased"

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

It was Resolved in the Affirmative.

Pleydell's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate late of Edmund Pleydell Esquire, in Gloucestershire, and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his 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 Bennet and Mr. Allen

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

Persons who have not taken the Oaths, Indemnification, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose"

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

It was Resolved in the Affirmative.

Thames and Isis Navigation, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better carrying on and regulating the Navigation of the Rivers Thames and Isis, from the City of London Westward, to the Town of Cricklade, 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 Two 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 Two last mentioned Bills, without any Amendment.

St Alban's Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament for repairing the Highways through the several Parishes of St. Michael, St. Alban, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex"

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

Drummond against His Majesty's Advocate.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Drummond Esquire is Appellant, and William Grant Esquire, His Majesty's Advocate for Scotland, 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.

Jekyll's Bill.

The Earl of Halifax reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the undivided Twelfth Part of John Jekyll, an Infant, in the Real Estate of Sir Joseph Jekyll Knight, deceased, in Trustees, to be sold, 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 then Consents, 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.

Barlows Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees to whom the Bill, intituled, An Act for vesting Part of the settled Estate of George Barlow Esquire in him and his Heirs, and for settling another Part of his Estate, of greater Value, to the same Uses, in Lieu thereof," was committed.

And the same Order was made.

Count Dow of Strathmore against Forbes & al,

Upon reading the Petition of Susanna Countess Dowager of Strathmore, setting forth, "That the Petitioner presented an Appeal to this House, the last Session of Parliament, complaining of certain Parts of an Interlocutor of the Commissaries of Edinburgh, of the 5th of January 1749/50, and likewise of an Interlocutor of the Lord Ordinary, of the 27th of February following, and also of an Interlocutor of the said Commistaries, of the 28th of the same Month, to which Appeal George Forbes Gentleman and others are Respondents, and that the same stands to be heard on Friday next, that the Petitioner is advised, by her Counsel, that the said Appeal was premature, in regard the Courts below had passed no Judgement upon the Sufficiency of the said George Forbes's Libel, and had only allowed him a Proof before Answer of his Label or Declaration," and praying, "That the said Appeal may be dismissed, and the Interlocutors thereby complained of affirmed."

And after hearing Mr Henry Dagge the Petitioner's Agent, as likewise Mr Alexander Ross Agent for the Respondents, at the Bar,

And being withdrawn.

Judgement by Consent.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (by Consent of the said Agents), That the said Petition and Appeal be, and is hereby, dismissed this House, and that the several Interlocutors, or Parts thereof, therein complained of, be, and the same are hereby, affirmed And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said George Forbes, the Sum of Forty Pounds, for his Costs in respect of the said Appeal.

E of Kerry, Leave to present an Appeal.

A Petition of Francis Thomas Earl of Kerry and Lixnaw in the Kingdom of Ireland, a Minor, by Robert Baron Newport in the said Kingdom, his Guardian and next Friend, was presented, and read, setting forth, "That he is advised he is greatly aggrieved by a Decree of the Court of Exchequer in the said Kingdom, made the 3d of December last, in certain Causes, wherein John Fitzmaurice Esquire was Plaintiff, and the Petitioner and others were Defendants, et è contra, that the Petitioner's Agent gave Directions to the Agent in England to bring an Appeal, but, by the Delay of the Packets, occasioned by contrary Winds, he did not receive the same till Wednesday last," and praying, "That the Petitioner may now be at Liberty to exhibit the said Appeal.

Ordered, That Liberty be given to exhibit the said Appeal, as desired.

E of Kerry against Fitzmaurice.

Accordingly, an Appeal of the said Francis Thomas Earl of Kerry and Lixnaw, by his said Guardian, was presented, and read, complaining of the said Decree; and praying, "That the same may be reversed or rectified, and such Relief given the Appellant as to their Lordships in their great Wisdom and Justice shall seem meet, and that John Fitzmaurice Esquire may be ordered to answer the said Appeal"

It is Ordered, That the said John Fitzmaurice may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing on or before Wednesday the 24th Day of April next, and that Service of this Order on his Attorney in the said Court of Exchequer in Ireland be deemed good Service.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, 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 Fifty-one"

After some Time, the House was resumed.

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

Exchequer Bills, &c. Bill.

The like Proceeding was had with respect to the Bill, intituled, "An Act for enabling His Majesty to raise the several Sums of Money therein mentioned, by Exchequer Bills, to be charged on the Sinking Fund; and for empowering the Commissioners of the Treasury to pay off the Old and New unsubscribed South Sea Annuities out of the Supply granted to His Majesty for the Service of the Year One Thousand Seven Hundred and Fifty one, and for enabling the Bank of England to hold General Courts, and Courts of Directors, in the Manner therein directed, and for giving certain Persons Liberty to subscribe Bank and South Sea Annuities omitted to be subscribed pursuant to Two Acts of the last Session of Parliament"

Commence ment of the Year, regulating, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for regulating the Commencement of the Year, and correcting the Calendar now in Use"

After some Time, the House was resumed.

And the Earl of Chesterfield reported from the said Committee, "That they had gone through the Bill, and made several Amendments thereunto, which he would be ready to report, when the House will please to receive the same."

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

Devizes Road, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from West Lavington to The Devizes, and from The Devizes to Seend, in the County of Wilts," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

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