House of Lords Journal Volume 33: March 1773, 1-10

Die Lun, 1^o Martii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Salter against Hite et al:

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of Ann Salter Spinster, complaining of an Order of the Court of Chancery of the 9th Day of July 1771; and praying, That the same might be reversed, and that a new Trial might be granted, or that the Appellant 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 Francis Hite Attorney at Law, Edward Ramsey and Jane his Wife, William Salter, Mary Salter, John Partridge the Elder, John Partridge the Younger, and Samuel Mare, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Order complained of in the said Appeal be, and the same is hereby affirmed, with the following Addition; (videlicet). That the Parties do proceed to another Trial at the next Summer Assizes for the County of Devon upon the same Issue: And it is further Ordered, That the Respondents be Plaintiffs at Law, and that the Appellant be Defendant, who is forthwith to name an Attorney to accept a Declaration, appear, and plead to Issue: And it is further Ordered, That the Appellant do pay the Respondents their Costs of the former Trial: And it is further Ordered, That the Court of Chancery do give all necessary and proper Directions for carrying this Judgement into Execution.

Message of Congratulation to the Queen on the Birth of a Prince.

Ordered, That a Message be sent from this House to the Queen, To convey to Her Majesty our most dutiful Congratulations on the Birth of a Prince, and upon Her Majestys happy Recovery; and to renew to Her Majesty the most hearty Assurances of our Attachment, and of the sincere Part we take in an Event which is an Addition to Her domestick Happiness, and to the Stability of the Blessings this Nation has derived from the auspicious Government of His Majestys most illustrious Family.

Ordered, That the said Message be presented to Her Majesty by the Earl De Lawarr and the Earl of Westmorland.

Bernards Bill; Motion to dispense with binding Orders.

The House being moved, That the Standing Order of this House, No. 126, concerning Bills for selling Lands in One Place and buying Lands in another Place, to be settled in Lieu thereof, may be so far dispensed with, as that the Committee, to whom the Bill, intituled, An Act for vesting the Manors of East and West Stodeley, and certain other Hereditaments, in the County of Devon, (Part of the Settled Estates of James Bernard Esquire), in Trustees, to be sold; and for applying the Money to arise by Sale thereof in Disharge of a Mortgage affecting the said Premises; and for other Purposes therein mentioned, stands committed, may proceed on the said Bill, notwithstanding the said Order should not be complied with:

It is Ordered, That the said Motion be taken into Consideration on Wednesday next, and the Lords summoned.

The House was adjourned during Pleasure.

The House was resumed.

Snaith and Cowick Enclosure Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields and Meadow Grounds in the Townships of Snaith and Cowick, in the County of York, was commits ted: 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.

Armthorpe Enclosure Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the several Open Fields, Open Arable Lands, Commons, and Waste Grounds, within the Manor and Parish of Armthorpe, in the West Riding of the County of Fork, was committed.

Devon Shire Hall Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act for taking down the Shire Hall of the County of Devon, and for building a new Shire Hall in a more commodious Manner, 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.

Duff against Sir Ludovick Grant et al.

Upon reading the Petition and Appeal of Archibald Duff Sheriff Clerk of the County of Elgin, complaining of an Interlocutor of the Lords of Session in Scotland, of the 24th of February last; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that Sir Ludovick Grant of Grant Baronet, James Grant of Grant Esquire, and General Francis Grant of Dumphail, may be required to answer the said Appeal;

It is Ordered, That the said Sir Ludovick Grant, James Grant, and General Francis Grant, may have a Copy of the said Appeal, and do put in their Answer, of respective Answers, thereunto, in Writing, on or before Monday the 29th of this instant March; and that Service of this Order upon the said Respondents, or upon their respective known Counsel or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Irchester, &c. Enclosure Bill.

A Message was brought from the House of Commons, by Sir William Dollen and others:

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, in the Parish of Irchester, in the County of Northampton; and also Two Pieces of Land or Ground therein described, lying within the Parishes of Wellingborough and Great Doddington, in the said County; to which they desire the Concurrence of this House.

Bowerbank to amend his Divorce Bill.

Upon reading the Petition of John Featherston Bowerbank Gentleman; setting forth, That the Petitioner, on or, about the Fourth Day of February last, presented a Petition, to their Lordships, praying that Leave might be given to bring in a Bill to dissolve the Marriage of the Petitioner with Ann Jane his now Wife; and to enable him to marry again; and for other Purposes therein mentioned; that, in pursuance of such Petition, and their Lordships Order thereupon, a Bill hath been brought in, read the First Time, and stands for a Second Reading on the Eighth Day of March instant; that the Registry of the Marriage of the Petitioner with the said Ann Jane his Wife was pleaded in Doctors Commons, and the Original filed there; and as the Definitive Sentence was not pronounced when the former Petition was presented, the said former Petition, and the Bill, were prepared from an Office Copy of the Will of Ann Morley the Modier of the said Ann Jane, wherein the Hud Ann Morley is described to be the Widow of Daniel Morley late of Kingston, in the Island of Jamaica, Merchant, and whereby the makes a Provision for her Daughter Elizabeth Ann Morley; also for her Daughter Sarah Forbes Morley; and lastly, for her Daughter Ann Jane Bowerbank the Wife of the Petitioner, from whence a Mistake has been made in the Description of the said Ann Jane, as the Daughter of the said Daniel Morley by Ann his Wife; whereas, in Fact, the Petitioners said Wife is the Daughter of the said Ann Morley by Dennis Bonnett her First Husband; that a Copy of the Bill hath not yet been served upon the said Ann Jane, and as the above Words of Description, in Addition to the Name of the said Ann Jane the Petitioners said Wife, are humbly submitted to be Words of Surplusage; and therefore praying their Lordships, That the Words Morley the Daughter of Daniel Morley Lite of Kingston, in the Island of Jamaica, Merchant, by Ann Morley his Wife, both now deceased, may be struck out of the Recital in the said Bill, and the Words Bonnett Spinster may be interested in Lieu thereof; or that their Lordships will be pleased to permit the said erroneous Description to be rectified in such Manner as to their Lordships shall seem meet:

It is Ordered, That the Petitioner be at Liberty to amend his Bill, by siriking out the Words Morley the Daughter of Daniel Morley late of Kintston, in the Island of Jamaica, Merchant, by Ann Morley his Wife, both now deceased and by inserting the Words Bonnett Spinster in lieu thereof, as desired.

Brinckhill Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Common Fields, Meadows, Pasture, and other Commonable and Waste Lands, within the Manor and Parish of Brinckhill, in the County of Lincoln.

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

Their Lordships, or any Five of them, to meet on Wednesday next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers and to adjourn as they please.

Cromwell Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and Waste Grounds, within the Parish of Cromwell, in the County of Nottingham.

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.

E Maccles fields Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting certain Tenements and Hereditaments, in the Counties of Oxford, Berks, and Wilts, Part of the Settled Estates of the Earl of Macclesfield, in Trustees, to be sold or exchanged; and the Money arising thereby to be laid out in the Purchase of other Lands, Tenements, and Hereditaments, to be settled to the same Uses; and for other Purposes therein mentioned.

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

Their Lordships, or any Five of them, to meet on Tuesday the 16th Day of this instant March, at the usual Time and Place; and to adjourn as they please.

Hadson et al. Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Susanna Hudson, Widow of John Hudson, late of Bessingby, in the County of York, Esquire, deceased, and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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 discharging divers Messuages, Lands, and Hereditaments, Part of the Estate of John Hudson late of Bessingby, in the County of York, Esquire, deceased, from the Uses of his Marriage Settlement, and for settling other Lands and Hereditaments to the same Uses.

Dean and Chapter of Worcester Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Dean and Chapter of the Cathedral Church of Worcester; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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 to enable the Dean and Chapter of the Cathedral Church of Worcester to make and establish an Exchange of certain Lands and Premises in the County of Worcester, belonging to Thomas Foley Esquire.

Jackson against Smith:

Upon reading the Petition of William Smith, Defendant in a Writ of Error depending in this House, wherein Thomas Jackson is Plaintiff; setting forth, That the Plaintiff has not assigned Errors within the Time ordered by the House; and therefore praying, That the said Writ of Error may be Nonprosd, with such Costs as to their Lordships shall seem meet:

Writ of Error nonprosd with Costs.

It is Ordered, That the Petitioner do forthwith enter a Nonpros. on the said Writ of Error as desired, and that the Record be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgement given by 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.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.

Die Mercurii, 3^o Martii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Sir Robert Staple et al. against Maurice.

The Answer of Mary Margaretta Maurice Spinster, to the Appeal of Sir Robert Staples Baronet and others, was this Day brought in:

Duff against Sir Ludovick Grant et al.

As was also, The Answer of Sir Ludovick Grant and others to the Appeal of Archibald Duff Sheriff Clerk of the County of Elgin.

Burton et al. against Lane.

After hearing Counsel in Part in the Cause wherein William Burton Esquire and others are Appellants, and William Lane Esquire is Respondent:

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

Market Weighton Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing several Open Fields, and Commons or Waste Lands, in the Manor of Market Weighton with Shipton, in the County of York; to which they desire the Concurrence of this House.

Bonsall Leys and Green Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing a certain Open Field or Parcel of Land called Bonsall Leys and Green, within the Parish of Bonsall in the County of Derby; to which they desire the Concurrence of this House.

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

Church Broughton Enclosure Bill.

With a Bill, intituled, An Act for dividing and enclosing the several Open Fields, Arable Lands, Meadows, Commons, and Waste Grounds, within the Manor of Chutch Broughton, in the County of Derby;, to which they desire the Concurrence of this House.

Bourton and Clapton on the Hill Enclosure Bill.

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

With a Bill, intituled, An Act for dividing, allotting, and enclosing, the Open Common Fields, Common Meadows, Common Pastures, and Waste Grounds, in the Manor and Parish of Bourton on the Watery in the County of Gloucester, and in the Manor of Clapton on the Hill, in the same Parish; to which they desire they Concurrence of this House.

Churchill Common Enclosure Bill.

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

With a, Bill, intituled, An Act for dividing and enclosing Churchill Common; within the Manor and Parish of Churchill, in the County of Worcester; to which they desire the Concurrence of this House.

Arkendale Enclosure Bill

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

With a Bill, intituled, An Act for dividing and enclosing the Open Fields, Stinted Pasture, Commons, and Wastes, within the Manor of Arkendale, in the West Riding of the County of York; to which they desire the Concurrence of this House.

The said Six Bills were, severally, read the First Time.

Gailes Moor Enclosure Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing a certain Moor or Common called Gailes Moor, in the Township and Manor of Dalton Traverse, otherwise Gailes, in the Parish of Kirby Ravensworth, in the North Riding of the County of York, 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.

Cromwell Enclosure Bill.

The Lord Viscount Wentworth made the like Report, from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and Waste Grounds, within the Parish of Cromwell, in the County of Nottingham was committed.

Bunkhill Enclosure Bill.

The Lord Viscount Wentworth also made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Common Fields, Meadows, Pasture, and other Commonable and Waste Lands, within the Manor and Parish of Brinkhill, in the County of Lincoln was committed.

Bernards Bill; Standing Order dispensed With.

The Order of the Day being read, for taking into Consideration the Motion made on Monday last, for dispensing with the Standing Order, No. 126, so far as that the Committee, to whom the Bill, intituled, An Act for vesting the Manors of East and West Stodeley, and certain other Hereditaments, in the County of Devon, (Part of the Settled Estates of James Bernard Esquire), in Trustees, to be sold; and for applying the Money to arise by Sale thereof in Discharge of a Mortgage affecting the said Premises; and for other Purposes therein mentioned, stands committed, may proceed on the said Bill, notwithstanding the said Order should not be complied with.

And Consideration being had thereof:

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

Stewart et al. against Countes Dowager of Moray et e con; Petition for a Bye-Day.

Upon reading the Petition of Margaret Countess Dowager of Moray, Respondent in a Cause depending in this House, to which John Bane Stewart and others are Appellants, et e contra, which stands appointed for Hearing; setting forth, That in consequence of Writs or Precepts duly executed against the Appellants for removing them from their respective Possessions, Parts of the Respondents Jointure Lands in the County of Perth, the obtained, so far back as 23d August 1769, a Decree of Removal of the Sheriff of that County against them; but the Appellants having thought proper to bring that Decree, by Bill of Suspension, under Review of the Court of Session, the Question depended before that Court till 23d July 1772, when Judgement was given in Favour of the Respondent, and the Appellants ordered to remove at Whitsunday 1773; that, for the Purpose of a still farther Delay, the Appellants have thought proper to bring these Judgements of the Sheriff and of the Court of Session by Appeal before their Lordships; and as, under the Circumstances of this Case, a Delay must, to a considerable Extent, operate the same as a Reversal; and as Appellants are always supposed to be ready; and therefore praying their Lordships To appoint an early Bye-day for the Hearing of this Cause:

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Tuesday the 23d Day of this instant March.

Longlands to enter into Recognizance on Duffs Appeal.

The House being moved, That Thomas Longlands Gentleman may be permitted to enter into a Recognizance for Archibald Duff Sheriff Clerk of the County of Elgin, on Account of his Appeal depending in this House, he residing in Scotland:

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

L. Clare et al to qualify as Vice Treasurers of Ireland, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to enable the Right Honourable Robert Lord Viscount Clare, the Right Honourable Welbore Ellis, and Charles Jenkinson Esquire, to take, in Great Britain, the Oath of Office as Vice Treasurer, and Receiver General, and Paymaster General, of all His Majestys Revenues in the Kingdom of Ireland, and to qualify themselves for the Enjoyment of the said Offices.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Lewes, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to enlarge the Powers of Two Acts, made in the Twenty-fifth Year of King George the Second, and Sixth Year of King George the Third, for repairing the Roads from the North End of Malling Street, near the Town of Lewes, and other Roads in the County of Sussex; and for amending the Road from the Broil Park Gate to the West End of the Turnpike Road leading from the Turnpike Road on Hurst Green through the Parishes of Etchingham and Burwash, and from the said Broil Perk Gate to the Town of Battell, in the said County; so far as relates to the Road from the Broil Park Gate to the West End of the Turnpike Road leading from the Turnpike Road on Hurst Green through the Parishes of Etchingham and Burwash aforesaid.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Devon Shire Hall Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for taking down the Shire Hall of the County of Devon, and for building a new Shire Hall in a more commodious Manner.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Devon Poor Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act repeal an Act, passed in the Ninth Year of the Reign of His present Majesty, intituled, An Act for the more effectual Relief of the Poor in the County of Devon and for other Purposes therein mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Snaith and Cowick Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields and Meadow Grounds, in the Townships of Snaith and Cowick, in the County of York.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Gravesend and Milton Paving, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for paving, cleansing, and lighting, the High Street, East Street, and West Street, in the Town and Parishes of Gravesend and Milton, in the County of Kent; and for lighting the other Streets; and for removing all Encroachments and Annoyances within the said Town and Parishes.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Armthorpe Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Open Fields, Open Arable Lands, Commons, and Waste Grounds, within the Manor and Parish of Armthorpe, in the West Riding of the Country of York.

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 Seven preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Cuddon and Mr. Leeds:

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

Coltart against Fraser.

A Petition of William Fraser Esquire, Respondent in a Cause depending in this House, to which John Coltart Esquire is Appellant, which stands appointed for hearing; setting forth, That this is an Appeal from Two Interlocutors of the Court of Session in Scotland; and the Question in the Cause is, Whether certain Lands belonging to the Petitioner are subject; to the Servitude of Thirlage to a Mill, the Property of the Appellant; that this Cause depends upon an intricate Point of Scotch Law; and the Petitioner is desirous of the Assistance of One of his Counsel in the Court below, who will not be able to be in Town by the Time this Cause will come on to be heard in its ordinary Course, and without whose Assistance the Petitioner humbly apprehends, and is advised, he cannot safely proceed to the Hearing of this Cause; and therefore praying Their Lordships will be pleased to appoint this Cause to be heard on Tuesday the 6th Day of April next.

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

And being withdrawn:

Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Tuesday the 6th Day of April next, as desired.

Dillon against Dillon.

Upon reading the Petition and Appeal of Luke Dillon of Dublin Esquire, complaining of an Order of the Court of Chancery in Ireland of the 15th of December 1772, but which was not made up and entered on the 18th of February last; and praying, That the same may be reversed, or that their Lordships will be pleased to make such further or other Order in the Premises, as the Nature and Circumstances of the Case may require; and that Jane Dillon may be required to answer the said Appeal:

It is Ordered, That the said Jane Dillon may have a Copy of the said Appeal, and do put in her Answer thereto in Writing, on or before Wednesday the 7th Day of April next; and that Service of this Order upon the Clerk or Agent of the said Respondent, in the said Court of Chancery in Ireland, shall be deemed good Service.

Vavasour, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Walter Vavasour of Weston, in the County of York, Esquire; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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 to enable the Governors of the Free Grammar School of Edward the Sixth late King of England, in the Town of Sedbergh, in the County of York, to convey certain Lands and Possessions of the said School therein mentioned in Weston, in the said County, to Walter Vavasour of Weston aforesaid Esquire, in Exchange for other Lands in the said Parish of Sedbergh, of greater Value, to be conveyed to and held by them respectively to the Trusts, and upon the Trusts therein mentioned.

Gisburne Hospital to convey Lands. &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to empower the Wardens, Preceptor, or Master, of the Scholars and poor People of the Alms House or Hospital of Jesus in Gisburne, in Cleveland, in the County of York, to convey a certain Messuage and divers Lands, Tenements, and Hereditaments, the Estate of the said Alms House or Hospital, unto Charles Turner of Kirkleatham, in the said County, Esquire, and his Heirs; and to enable the said Wardens, Preceptor, or Master, of the Scholars and poor People of the Alms House or Hospital of Jesus, to carry into Execution an Agreement with the Reverend Henry Hewgill of Hornby Grainge, in the said County of York, Clerk, for the Purchase of a certain Messuage or Tenement, Lands, and Hereditaments, in the Parish of Birkby, in the North Riding of the said County, of greater Value, to be conveyed to and held by them and their Successors, for the Use, Benefit, and Advancement, of the said 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 Thursday the 18th Day of this instant March, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Duff against Sir Ludovick Grant et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein Archibald Duff Sheriff Clerk of the County of Elgin is Appellant, and Sir Ludovick Grant and others are Respondents:

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

Kircudbright Claim of Peerage.

Ordered, That the Sitting of the Committee of Privileges on the Kircudbright Claim of Peerage, which stands appointed for Monday next, be put off to Monday the 15th Day of this instant March.

Dean and Chapter of Worcester, to Exchange Lands, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable the Dean and Chapter of the Cathedral Church of Worcester, to make and establish an Exchange of certain Lands and Premises in the County of Worcester, for other Lands and Premises, in the same County, belonging to Thomas Foley Esquire.

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

Their Lordships, or any Five of them, to meet on Thursday the 18th Day of this instant March, at the usual Time and Place; and to adjourn as they please.

Irchester, &c. Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, in the Parish of Irchester, in the County of Northampton; and also Two Pieces of Land or Ground therein described, lying within the Parishes of Wellingborough and Great Doddington, in the said County.

Franel for a Nat. Bill:

Upon reading the Petition of Joseph Franel, praying Leave to bring in a Bill for his Naturalization:

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

Bill read.

Whereupon, the Earl of Marchmont presented to the House a Bill, intituled, An Act for naturalizing Joseph Franel.

The said Bill was read the First Time.

Adjourn.

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

Die Jovis, 4^o Martii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Burton et al. against Lane:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of William Burton, Nathaniel Taylor, and Godfrey Taylor, Esquires, complaining of an Order of the Court of Chancery in Ireland of the 1st of June 1770; and praying, That the same might be reversed, or to grant the Appellants such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of William Lane Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said Order therein complained of be, and the same is hereby affirmed.

Church Broughton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Open Fields, Arable Lands, Meadows, Commons and Waste Grounds, within the Manor of Church Broughton, in the County of Derby

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

Their Lordships, or any Five of them, to meet To-morrow, at Ten oClock, in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.

Duff against Sir Ludovick Grant et al; Petition for a Bye-Day.

Upon reading the Petition of Sir Ludovick Grant Baronet and others, Respondents in a Cause depending in this House, to which Archibald Duff is Appellant, which stands appointed for hearing; setting forth, That the Appellant has brought his Appeal to their Lordships from an Interlocutor of the Court of Session, touching the Right and Qualification of certain Freeholders in the County of Murray, and Matters of Election of a Member to Parliament in the said County; that in such Cases their Lordships have been in the Practice of giving Dispatch, and indulging the Parties with an early Bye-Day for determining such Appeals, and particularly their Lordships were pleased in the last Session of Parliament, to indulge the Parties with uncommon Dispatch, in discussing an Appeal brought on a similar Question from the same County; and therefore praying their Lordships, That, in respect of the Circumstances of this Case, they will be pleased to order the Matter of the said Appeal to be heard on Tuesday the 30th Day of this instant March, the Agent for the Appellant having signed the said Petition as consenting thereto:

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

Bonsall Leys and Green Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing a certain Open Field or Parcel of Land called Bonsall Leys and Green, within the Parish of Bonsally in the County of Derby.

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

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

Market Weighton with Shipton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing several Open Fields, and Commons, or Waste Lands, in the Manor of Market Weighton with Shipton, in the County of York.

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.

Irchester, &c. Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, in the Parish of Irchester, in the County of Northampton; and also Two Pieces of Land or Ground therein described, lying within the Parishes of Wellingborough and Great Doddington, in the said County.

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.

Criminal Laws Bill.

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

With a Bill, intituled, An Act for the more effectual Execution of the Criminal Laws in the Two Parts of the United Kingdom; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Shipston, &c. Road Bill.

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

With a Bill, intituled, An Act for enlarging the Terms and Powers of Three Acts, passed in the Third, Seventeenth, and Thirtieth Years of the Reign of His late Majesty King George the Second, for repairing a Road leading from a Gate called Shipston Toll-Gate at Bridge Town, in the Parish of Old Stratford, in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill, in the said County of Warwick; and also for repairing the Road leading from the First Mile Stone standing on the said Shipston Road, through a Lane called Clifford Lane, and through Mickkton and Chipping Campden, to a Place called Andovers Ford, in the County of Gloucester, so far as the same relate to the said first mentioned Road; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Arkendale Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields, Stinted Pasture, Commons, and Wastes, within the Manor of Arkendale, in the West Riding of the County of York.

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

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

Smith et Ux Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Charles Smith and Elizabeth his Wile, on Behalf of themselves and their Infant Children; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting the Moiety of the Manor of Russells, and the Moiety of divers Messuages, Lands, and Hereditaments, with the Appurtenances, in Chesilford, otherwise Chilford, and other Places in the County of Suffolk comprised in the Settlement made previous to the Marriage of Mr. Charles Smith and Elizabeth his now Wife, late Elizabeth Bishop Spinster, in Trustees, to be sold, and for purchasing other Lands and Hereditaments to be settled to the like Uses.

Greenwich Parish, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred, the Petition of the Vicar, Churchwardens, Overseers of the Poor, and Parishioners of the Parish of Greenwich in the County of Kent, in Vestry assembled; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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 to empower the Feoffees of Roans Charity in Greenwich, to sell a Messuage and Two Pieces of Land, Part of the Estate of the said Charity, to the Vicar of, the said Parish, and to apply the Money arising by such Sale in the Purchase of other Lands to be conveyed to the like Uses; and to enable the said Vicar to lake a Conveyance of the said Messuage and Two Pieces of Land and for other Purposes therein mentioned.

Turner, Leave for a Bill.

After reading and considering the Report of the Judges, ro whom was referred the Petition of Charles Turner Esquire; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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 effecting an Exchange of Lands between Charles Turner Esquire, and the Mailer, Fellows, and Scholars, of Trinity College in Cambridge.

Cartwright Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Mary Catherine Cartwright, the Widow and Relict of Thomas Cartwright, late of Aynho, in the County of Northampton, Esquire, deceased, on Behalf of her Son William Rolph Cartwright an Infant; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

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 nominating a Person, in the Room of Thomas Cartwright Esquire deceased, to join with Elizabeth Cartwright Widow, in directing the Sale of such Part or Parts of the Settled Estates of the said Thomas Cartwright deceased, as they mail think proper, for raising Five thousand and seven hundred Pounds, and for other Purposes.

Witnesses to attend on Mr. Bowerbanks Divorce Bill.

Ordered, That Nathan Sprigg Esquire, Mary Hibbert, Ann Lawrence, Elizabeth Burman, and Joseph Simpson, do attend this House on Monday next, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of John Featherston Bowerbank with Ann Jane his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

Cromwell Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and Waste Grounds, within the Parish of Cromwell, in the County of Nottingham.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Brinkhill Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Common Fields, Meadows, Pasture, and other Commonable and Waste Lands, within the Manor and Parish of Brinkhill, in the County of Lincoln.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Gailes Moor Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing a certain Moor or Common called Gailes Moor, in the Township and Manor of Dalton Traverse, otherwise Gailes, in the Parish of Kirby Ravensworth, in the North Riding of the County of York.

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, sent to the House of Commons, by Mr. Cuddon and Mr. Leeds:

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

Upton Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields of Upton, in the Parish of Burford, in the County of Oxford; to which they desire the Concurrence of this House.

St. Martins, Birmingham, Bill.

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

With a Bill, intituled, An Act to enable the Rector or Saint Martin, in Birmingham, to grant Leases of certain Parts of the Glebe Lands belonging to the said Rectory; to which they desire the Concurrence of this House.

Newark, &c. Road Bill.

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

With a Bill, intituled, An Act for repairing and widening the Road from Newark upon Trent in the County of Nottingham, to join the Turnpike Road from Nottingham to Grantham, in the County of Lincoln, near the Guide Post on the Foss Road near Bingham, in the said County of Nottingham; to which they desire the Concurrence of this House.

Message from H. C. to return Blesintons Exemplification Bill.

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

To return the Bill, intituled, An Act for making the Exemplification of the last Will and Testament of William Earl of Blesinton, in the Kingdon of Ireland, deceased, Evidence as well in Ireland as in Great Britain; and to acquaint this House, that they have agreed to the same, without any Amendment.

Report of Commissioners for Paving Westminster Sheets, delivered.

The House being informed, That Mr. Box, from the Commissioners for paving Westminster Streets attended:

He was called in, and delivered at the Bar, pursuant to Act of Parliament, the Proceedings and Accounts of the said Commissioners.

Copy of the Proceedings of the Commissioners for putting in Execution the several Acts of Parliament, made in the 2d, 3d, 4th, 5th, 6th, and 7th Years of His present Majestys Reign, for paving, cleansing, and lighting, the Squares, Streets, Lanes, and other Places within the City and Liberty of Westminster and Parts adjacent, from the 7th Day of January 1772 to the 24th Day of November 1772, both inclusive.

Also, An Account of all Contracts and Agreements made by the said Commissioners from the 7th Day of January 1772 to the 24th Day of November 1772, both inclusive.

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the said Accounts do lie on thi Table.

Irchester, &c. Enclosure Bill; the Kings Consent signified to it.

The Lord Hyde, as Chancellor of the Duchy of Lancaster, acquainted the House, That His Majesty having been informed of the Contents of the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds in the Parish of Irchester, in the County of Northampton; and also Two Pieces of Land or Ground therein described, lying within the Parishes of Wellingborough and Great Doddington, in the said County; was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.

Dominus Cancellarius declaravit prsens Parliamentum Adjourn, tum continuandum esse usque ad et in diem Veneris, quintum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 5^o Martii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Sir Thomas Broughton against Errington et al.

After hearing Counsel in Part, in the Cause wherein Sir Thomas Broughton Baronet is Appellant, and Henry Errington Esquire and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off till Monday next; and that the Cause which stands for Monday next be put off till Wednesday next; and that the Rest of the Causes be removed in Course.

Irchester, &c. Enclosure Bill.

The Lord Viscount Wentworth 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, and other Commonable Lands and Grounds, in the Parish of Irchester, in the County of Northampton; and also Two Pieces of Land or Ground therein described, lying within the Parishes of Wellingborough and Great Doddington, in the said County, 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 hid gone through the Bill, and directed him to report the same to the House, without any Amendment.

Bonsall Leys and Green Enclosure Bill.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing a certain Open Field or Parcel of Land called Bonsall Leys and Green, within the Parish of Bonsall, in the County of Derby, was committed.

Church Broughton Enclosure Bill.

The Lord Viscount Wentworth also made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the several Open Fields, Arable Lands, Meadows, Commons, and Waste Grounds, within the Manor of Church Broughton, in the County of Derby, was committed.

Turners Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for effecting an Exchanged Lands between Charles Turner Esquire, and the Master, Fellows, and Scholars of Trinity College in Cambridge

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

Their Lordships, or any Five of them, to meet on Monday the 22d Day of this instant March, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.

St. Martins, Birmingham, Rector of, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act to enable the Rector of Saint Martin, in Birmingham to grant Leases of certain Parts of the Glebe Lands belonging to the said Rectory.

Sedbergh Grammar School Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable the Governors of the Free Grammar School of Edward the Sixth late King of England, in the Town of Sedbergh, in the County of York, to convey certain Lands and Possessions of the said School, therein mentioned, in Weston, in the said County, to Walter Vavasour of Weston aforesaid Esquire, in Exchange for other Lands in the said Parish of Sedbergh, of greater Value, to be conveyed to and held by them respectively, to the Uses, and upon the Trusts therein mentioned.

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

Their Lordships, or any Five of them, to meet on Monday the 22d Day of this instant March, at the usual Time and Place; and to adjourn as they please.

Smith Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting the Moiety of the Manor of Russells, and the Moiety of divers Messuages, Lands, and Hereditaments, with the Appurtenances, in Chesilford, otherwise Chilford, and other Places in the County of Suffolk, comprised in the Settlement made previous to the Marriage of Mr. Charles Smith, and Elizabeth his now Wife, late Elizabeth Bishop Spinster, in Trustees, to be sold; and for purchasing other Lands and Hereditaments to be settled to the like Uses.

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.

Newark, &c. Road Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for repairing and widening the Road from Newark upon Trent in the County of Nottingham, to join the Turnpike Road from Nottingham to Grantham, in the County of Lincoln, near the Guide Post on the Foss Road near Bingham, in the said County of Nottingham.

Upton Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields of Upton in the Parish of Burford, in the County of Oxford.

Writs of Error:

The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table Two Writs of Error:

Petries against Mackenzie:

In the First of which William Petrie and Samuel Petrie are Plaintiffs, and Colin Mackenzie is Defendant:

And, in the other,

Grant against, Sir Thomas Halifax.

John Grant Esquire is Plaintiff, and Sir Thomas Halifax Knight, surviving Partner of Sir Richard Glynn Baronet, deceased, is Defendant.

Murdieson and Millers Appeal, from the Judiciary.

Ordered, That the Committee, to whom the Appeal of Alexander Murdieson, Tenant in the Farm of Ormiston, alias Wormeston, in the County of Peebles, and John Miller, Shepherd to the said Alexander Murdieson, both now Prisoners in the Tolbooth of Edinburgh, stands referred, be revived, and meet on Monday next.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, octavum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 8^o Martii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Sir Thomas Broughton against Errington et al.

After hearing Counsel, as well on Friday last as this Day, upon the amended Petition and Appeal of Sir Thomas Broughton Baronet, complaining of a Decree of the Court of Chancery of the 28th of January 1772; and praying, That the same might be reversed, and the Respondents Bill dismissed, or that the Appellant 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 Henry Errington Esquire and Mary his Wife, and Thomas Hill Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said Decree therein complained of be, and the same is hereby affirmed.

Theobald, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Jame Theobald of White Waltham, in the County of Berks Esquire; praying Leave to bring in a Private Bill so the Purposes therein mentioned:

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 enable James Theobald Esquire to carry into Execution an Agreement for Sale of certain Hereditaments, situate at White Waltham, in the County of Berks; (Part of his Settled Estates), to the Reverend William Reid; and for laying out the Money arising by such Sale in the Purchase of other Land and Hereditaments, to be settled to the Uses to which the said Settled Estates do now stand limited.

Beuzevilles Nat. Bill.

A Message was brought from the House of Commons, by Sir John (fn. 1) Hynde Cotton and others:

With a Bill, intituled, An Act for naturalizing Stephen Beuzeville; to which they desire the Concurrence of this House.

Isle of Ely, &c. Drainage, &c. Bill.

A Menage was brought from the House of Commons, by Sir John (fn. 2) Hynde Cotton and others:

With a Bill, intituled, An Act to amend and render more effectual an Act, made in the Thirty-third Year of the Reign of His late Majesty King George the Second, intituled, An Act for draining and preserving certain Fen Lands and Low Grounds, in the Isle of Ely and Counties of Suffolk and Norfolk, between Mildenhall River, South, Plant Load and Brandon River, North, bounded on the West by the River Ouse, and on the East by Winter Load, Earswell Brook, and the Hard Lands of Mildenhall, and for empowering the Governor, Bailiffs, and Commonalty of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, to sell certain Fen Lands lying within the Limits aforesaid, commonly called Invested Lands; so far as the same relates to the several Fen Lands and Low Grounds lying in the First District described in the said Act; to which they desire the Concurrence of this House.

Newcastle and Sunderland, to regulate the Loading of Coals, Bill.

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

With a Bill, intituled, An Act to continue an Act, made in the Sixth Year of His present Majesty, intituled, An Act to regulate the Loading of Ships with Coals in the Forts Newcastle and Sunderland; to which they desire the Concurrence of this House.

Upwell and Outwell Drainage Bill.

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

With a Bill, intituled, An Act to amend and render more effectual an Act, passed in the Twenty-second Year of the Reign of His late Majesty King George the Second, intituled, An Act for draining and improving certain Fen Lands, within the Manor and Parishes of Upwell and Outwell, and in the Parishes of Denver and Welney, in the Isle of Ely and Counties of Cambridge and Norfolk so far as the same relates to the Lands lying on the South Side of Pophams Eau; to which they desire the Concurrence of this House.

The said Four Bills were, severally, read the first Time.

Sir Thomas Miller Leave for Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Sir Thomas Miller Baronet, for himself and on Behalf of his infant Children; praying Leave to bring in a Privat Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting certain Manors, Lands, and Tenements, in the Isle of Wight, Part of the Settled Estate of Sir Thomas Miller Baronet, in Trustees, to be sold, and for purchasing other Lands and Hereditaments, to be settled to the same Uses.

Newark, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for repairing and widening the Road from Newark upon Trent in the County of Nottingham, to join the Turnpike Road from Nottingham to Grantham, in the County of Lincoln, near the Guide Post on the Foss Road near Bingham, in the said County of Nottingham.

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

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

Maugan Porth, &c. Canal Bill.

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

With a Bill, intituled, An Act for making and continuing a navigable Cut or Canal from Maugan Porth, through the several Parishes of Maugan, Saint Columb Major, Little Colan, and Saint Columb Minor, to Lower Saint Columb Porth, in the County of Cornwall; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bowerbanks Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of John Featherston Bowerbank with Anne Jane Bonnett his now Wife, and to enable him to marry again, and for other Purposes therein mentioned; which stands appointed for this Day, be put off to Thursday next; and that the several Persons who were ordered to attend as Witnesses on this Day, do then attend and that the Lords be summoned.

St. Martins, Birmingham, Rector of, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable the Rector of Saint Martin, in Birmingham, to grant Leases of certain Parts of the Glebe Lands belonging to the said Rectory.

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.

Upton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields of Upton, in the Parish of Burford, in the County of Oxford.

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.

Bonsall Leys and Green Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing a certain Open Field or Parcel of Land called Bonsall Leys and Green, within the Parish of Bonsall, in the County of Derby.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Irchester, &c. 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, and other Commonable Lands and Grounds, in the Parish of Irchester, in the County of Northampton; and also Two Pieces of Land or Ground therein described, lying within the Parishes of Wellingborough and Great Doddington, in the said County.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Church Broughton Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Open Fields, Arable Lands, Meadows, Commons, and Waste Grounds, within the Manor of Church Broughton, in the County of Derby.

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 Bill.

And Messages were, severally, sent to the House of Commons, by Mr. Holford and Mr. Harris:

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

East Haddon Enclosure Bill.

A Message was brought from the House of Commons, by Sir William Dolben and others:

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Heath, Lot, and Waste Ground, in the Parish of East Haddon in the County of Northampton; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

The House was adjourned during Pleasure.

The House was resumed.

Queens Answer to Message of Congratulation on the Birth of a Prince.

The Earl De Lawarr acquainted the House, That he and the Earl of Westmorland had (according to Order) waited on Her Majesty, with their Lordships Message of Congratulation on the Birth of another Prince; to which Her Majesty was pleased to return the following most gracious Answer:

My Lords,

These repeated Assurances of your Duty to the King and Regard to me, are highly acceptable, and meet with my sincerest Thanks.

Writs of Error:

The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table Two Writs of Error:

In the First of which,

L. Weymouth against Hubert:

Thomas Lord Viscount Weymouth is Plaintiff, and Frances Hubert Widow, Executrix of Philip Hubert deceased, is Defendant:

And, in the other,

Richmond against Kenworthys.

John Richmond is Plaintiff, and John Kenworthy and Edward Kenworthy are Defendants.

Bowerbank Divorce Bill, Witnesses to attend.

Ordered, That Robert Cooper Lee and Nathaniel Philips do attend this House on Thursday next, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of John Featherston Bowerbank with Ann Jane Bonnett his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

Sir Gilbert Elliot et al. against Sir Harry Seton et al.

The House being informed, That Sir Harry Seton Baronet and others, Respondents to the Appeal of Sir Gilbert Elliot of Minto Baronet and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose.

And thereupon an Affidavit of William Henry Writer in Edinburgh, of the due Service of the said Order, being read.

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

Adjourn.

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

Die Mercurii, 10^o Martii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Murdieson and Millers Appeal, from the Justiciary:

The Earl of Marchmont reported from the Lords Committees, to whom it was referred to consider, Whether the Appeal of Alexander Murdieson, Tenant in the Farm of Ormiston, alias Wormeston, in the County of Peebles and John Miller, Shepherd to the said Alexander Murdieson in the said Farm of Ormiston, alias Wormeston both now Prisoners in the Tolbooth of Edinburgh, ought to be received: That the Committee have met and considered the Matter to them referred, and ordered him to report, That the Committee considering the Importance of Delay in this Case, and the Magnitude of the Subject Matter to them referred, thought they might take the Liberty to hear Counsel, who appeared on Behalf of the Petitioners notwithstanding the Parties had not applied to the House for Leave for the same; and also His Majestys Advocate for Scotland against the Propriety of this Appeal: That the Committee have heard Counsel accordingly, and having considered the Matter at large, are of Opinion, That this Petition of Appeal is not properly brought, and ought to be rejected.

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

Appeal rejected.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, that the said Petition and Appeal is not properly brought, and that the same be and is hereby rejected.

E Fife et al. against Sir Ludovick Grant and Grant.

After hearing Counsel in Part, in the Cause wherein James Earl of Fife and others are Appellants, and Sir Ludovick Grani Baronet and Major General Francis Grant are Respondents:

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

Montgomery, &c. Road Bill

A Message Was brought from the House of Commons, by Mr. Williams and others:

With a Bill, intituled, An Act for enlarging the Term and Powers of an Act of the Ninth Year of His Majestys Reign, for repairing several Roads in the Counties of Montgomery, Merioneth, and Salop; for continuing the Term of so much of an Act of the Thirty-first Year of His late Majesty, as relates to the Repair of the Roads between the Tenth Mile Stone from the Welsh Gate in Shrewsbury, and the Towns of Pool and Oswestry; and for repairing several other Roads therein mentioned; to which they desire the Concurrence of this House.

Maugan Porth, &c. Canal Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for making and continuing a Navigable Cut or Canal from Maugan Porth, through the several Parishes of Maugan, Saint Columb Major, Little Colan, and Saint Columb Minor, to Lower Saint Columb Porth, in the County of Cornwall.

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

Their Lordships, or any Five of them, to meet To-morrow, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.

Whichcots Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for exonerating Part of the Real Estate of Thomas Whichcot Esquire, in the County of Lincoln, from a Debt of Ten thousand Pounds charged thereon, for the Portions of the younger Children of Christopher Whichcote Esquire, and Jane his Wife, Daughter of the said Thomas Whichcot; and for subjecting and charging other Lands of greater Value, to the Payment thereof, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Ordered, That the said Bill be engrossed.

Bernards Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act for vesting the Manors of East and West Stodeley, and certain other Hereditaments in the County of Devon, (Part of the Settled Estates of James Bernard Esquire), in Trustees, to be sold, and for applying the Money to arise by Sale thereof in Discharge of a Mortgage affecting the said Premises; and for other Purposes therein mentioned, was committed:

That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and made some Amendments thereto.

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

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

Arkendale Enclosure Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open Fields, Stinted Pasture, Commons and Wastes, within the Manor of Arkendale, in the West Riding of the County of York, 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.

Market Weighton with Shipton Enclosure Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing several Open Fields, and Commons or Waste Lands, in the Manor of Market Weighton with Shipton, in the County of York, was committed.

Upton Enclosure Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields of Upton, in the Parish of Burford, in the County of Oxford, was committed.

St Martins, Birmingham, Rector of, Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to enable the Rector of Saint Martin in Birmingham, to grant Leases of certain Parts of the Glebe Lands belonging to the said Rectory, was committed.

Nework, &c. Road Bill.

The Lord Boston also reported from the Lords Committees to whom the Bill, intituled, An Act for repairing and widening the Road from Nework upon Trent, in the County of Nottingham, to join the Turnpike Road from Nottingham to Grantham, in the County of Lincoln, near the Guide Post on the Foss Road near Bingham, in the said County of Nottingham, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Upwell, &c. Drainage Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to amend and render more effectual an Act, passed in the Twenty-second Year of the Reign of His late Majesty King George the Second, intituled, An Act for draining and improving certain Fen Lands, within the Manor and Parishes of Upwell and Outwell, and in the Parishes of Denver and Welney, in the Isle of Ely and Counties of Cambridge and Norfolk, so far as the same relates to the Lands lying on the South Side of Pophams Eau.

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

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

Churchill Common Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing Churchill Common, within the Manor and Parish or Churchill, in the County of Worcester.

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

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

Isle of Ely, &c. Drainage, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to amend and render more effectual an Act, made in the Thirty-third Year of the Reign of His late Majesty King George the Second, intituled, An Act for draining and preserving certain Fen Lands and Low Grounds in the Isle of Ely and Counties of Suffolk and Norfolk, between Mildenhall River, South, Plant Load and Brandon River, North, bounded on the West by the River Ouse, and on the East by Winter Load, Earswell Brook, and the Hard Lands of Mildenhall; and for empowering the Governor, Bailiffs, and Commonalty, of the Company of Conservators of the Great Level of the Fens commonly called Bedford Level, to sell certain Fen Lands lying within the Limits aforesaid, commonly called Invested Lands so far as the same relates to the several Fen Lands and Low Grounds lying in the First District described in the said Act.

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

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

Parish Poor Annuities Bill.

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

With a Bill, intituled, An Act for the better Support of poor Persons in certain Circumstances by enabling Parishes to grant them Annuities for Life upon Purchase, and under certain Restrictions; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Magistrates of Rutherglen against Cullen et al; Petition to amend Appeal.

Upon reading the Petition of the Magistrates and Town Council of the Borough of Rutherglen, Appellants in a Cause depending in this House, to which James Cullen and others are Respondents, which stands appointed for hearing; setting forth, That the Petitioners presented their Appeal to their Lordships from certain Interlocutors of the Lord Ordinary and of the Court of Session in Scotland; that the Petitioners are now advised to amend their said Appeal by leaving out the Interlocutor of the Lord Ordinary of the 19th December 1771; and therefore praying their Lordships, That they may be at Liberty to amend their said Appeal by leaving out the Interlocutor of the 19th of December 1771, therein appealed from, and from which the Petitioners do not now desire to appeal:

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, by leaving out the said Interlocutor of the 19th of December 1771, as desired, they amending the Respondents Copy.

Bourton and Clapton on the Hill Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing, the Open Common Fields, Common Meadows, Common Pastures, and Waste Grounds, in the Manor and Parish of Bourton on the Water, in the County of Gloucester, and in the Manor of Clapton on the Hill, in the same Parish.

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

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

East Haddon Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Heath, Lot, and Waste Ground, in the Parish of East Haddon, in the County of Northampton.

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 place.

Beuzevilles Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Stephen Beuzeville.

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.

Cartwrights Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for nominating a Person in the Room of Thomas Cartwright Esquire, deceased, to join with Elizabeth Cartwright Widow, in directing the Sale of such Part or Parts of the Settled Estates of the said Thomas Cartwright deceased, as they shall think proper, for raising Five thousand and seven hundred Pounds, and for other Purposes.

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

Their Lordships, or any Five of them, to meet on Thursday the 25th Day of this instant March, at the usual Time and Place; and to adjourn as they please.

Theobalds Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable James Theobald Esquire, to carry into Execution an Agreement for Sale of certain Hereditaments situate at White Waltham, in the County of Berks, (Part of his Settled Mates), to the Reverend William Reid, and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the Uses to which the said Settled Estates do now stand limited.

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.

Henley et Ux. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Henry Cornish Henley Esquire and Susan his Wife, on Behalf of themselves and their infant Children; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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 selling the Settled Estates of Henry Cornish Henley Esquire, in Lyme Regis, Wotton, Fitz-pain, and Maiden Newton, in the County of Dorset; and for laying out the Money to arise thereby in the Purchase of other Lands and Hereditaments, to be settled to the same Uses as the said Settled Estates now stand limited.

Gordons Divorce Bill, presented and read.

The Lord Boston presented to the House (pursuant to an Order of Leave of the Second of February last), a Bill, intituled, An Act to dissolve the Marriage of John Gordon Esquire with John Norris Fisher his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Thursday the 25th Day of this instant March, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said John Gordon Esquire may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said John Norris Fisher may have a Copy of the Bill, and that Notice be given her of the said Second Reading; and that me be at Liberty to be heard, by her Counsel, what the may have to offer against the said Bill, at the same Time.

Hobson to enter into Recognizance on Dillons, Appeal.

The House being moved, That Daniel Hobson, of the Parish of Saint Bartholomew, in the City of London, Merchant, may be permitted to enter into a Recognizance for Luke Dillon of the City of Dublin Esquire, on Account of his Appeal depending in this House, he residing in Ireland:

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

Chaike and Chilton against Ward, Writ of Error.

The House being moved, That a Day may be appointed for Hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein Richard Chalke and John Chilton are Plaintiffs, and Henry Townley Ward is Defendant:

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

Yateman against Cox et al.

The House being moved, That a Day may be appointed for hearing the Cause, wherein Francis Yateman Gentleman is Appellant, and Sarah Cox and others are Respondents:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, undecimum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.