House of Lords Journal Volume 33: April 1773, 21-30

Die Martis, 27^o Aprilis 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Dillon against Dillon.

The Answer of Jane Dillon Spinster, to the Appeal of Luke Dillon Esquire, was this Day brought in:

E. Home et al against Lilly et al.

As was also, The Answer of Thomas Lilly and others, to the Appeal of Alexander Earl of Home and others.

Greig et al. against Carstairs.

Upon reading the Petition and Appeal of Robert Greig of Lethangie, Robert Marshall and James Belfrage Portioners of Easter Tilliochie, Michael Henderson of Turshills, James Stocks of Lathrow, and John Dempster and James Belfrage Portioners of Wester Tilhochie, complaining of Four Interlocutors of the Lord Ordinary in Scotland, of the 12th of January, 11th of July, 11th of August, and 26th of November 1772; as also of Two Interlocutors of the Lords of Session there, of the 23d of January and 5th of March 1773; and also of an Interlocutor of the Lord Ordinary, on the Bills of the 13th of this instant April; and praying, That the same may be reversed, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that James Bruce Carstairs Esquire may be required to answer the said Appeal:

It is Ordered, That the said James Bruce Carstairs may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 25th Day of May next; and Service of this Order upon the said Respondent, or upon his known Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Forth and Clyde Navigation Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act to enlarge the Powers of Two Acts, made in the Eighth and Eleventh Years of the Reign of His present Majesty, for making and maintaining a navigable Cut or Canal, from the Firth or River of Forth, at or near the Mouth of the River of Carron, in the County of Stirling, to the Firth or River of Clyde, at or near a Place called Dalmuir Burnfoot, in the County of Dumbarton; and also a collateral Cut from the same to the City of Glasgow; and for making a navigable Cut or Canal of Communication from the Port and Harbour of Borrowstounness, to join the said Canal, at or near the Place where it will fall into the Firth of Forth.

Holme Upon Spalding Moor Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the several Open Fields, Carrs, Ings, or Meadow Grounds, and Commons or Waste Grounds, within the Township and Parish of Holme upon Spalding Moor, in the East Riding of the County of York; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Messages from H. C. to return Hudsons Bill:

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

To return the Bill, 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; and to acquaint this House, that they have agreed to the same, without any Amendment.

and Sir Thomas Milkers Estate Bill.

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

To return the Bill, intituled, An Act for vesting certain Manors, Lands, and Tenements, in the Isle of Wight, Part of the Settled Estate of Sir Thomas Miller Barone, in Trustees, to be sold; and for purchasing other Lands and Hereditaments, to be settled to the same Uses; and to acquaint this House, that they have agreed to the same, without any Amendment.

Montgomery, &c. Road Bill.

A Message was brought from the House of Commons, by Colonel Williams and others:

With a Bill, intituled, An Act for continuing and enlarging the Terms and Powers of Two Acts, made in the Thirty-first Year of His late Majesty, and Ninth Year of His present Majestys Reign, for repairing several Roads, in the Counties of Montgomery, Merioneth, and Salop, and for repairing several other Roads therein mentioned; to which they desire the Concurrence of this House.

Groppenhall and Latchford Enclosure Bill.

A Message was brought from the House of Commons, by Sir Thomas Egerton and others:

With a Bill, intituled, An Act for severing, dividing, enclosing, and allotting, divers Parcels of Common or Waste Grounds, within the Townships of Groppenhall and Latchford, in the County Palatine of Chester; to which they desire the Concurrence of this House.

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

Coxs Museum Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for enabling James Cox Jeweller to dispose of his Museum, commonly called Coxs Museum, by Way of Chance, in such Manner as may be most for the Benefit of himself and his Creditors.

Little Stukely Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing, the Open and Common Fields, Meadows, Commonable Lands, and Commons, within the Manor, Parish, and Liberties of Little Stukely, in the County of Huntingdon.

Sir Edward Blacketts Estate Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for making a Partition and Division of certain Estates in the Parish of Ryton, in the County of Durham, between Sir Edward Blackett Baronet and Sir Walter Blackett Baronet, pursuant to an Agreement made between them, 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.

Hampton to Staines Road Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for amending, widening, and keeping in Repair, the Road from the Guide Post at the West End of the Town of Hampton, over Sunbury Common, to the Town of Stames, in the County of Middlesex.

Preston Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Arable Fields, Meadow and Pasture Grounds, within the Township of Preston in Holdernesse, in the East Riding of the County of York.

Petersham Roads Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for amending, lighting, and watching, the Highways or Roads within the Town, Village, or Chapelry, of Petersham, in the County of Surrey.

D. Beaufort, Leave given to withdraw his former Petition and present a new one.

Upon reading the Petition of the Most Noble Henry Duke of Beaufort; setting forth, That the Petitioner some Time since, presented his Petition to this Honourable House, praying Leave to bring in a Private Bill, for the Purposes in the said Petition mentioned, which their Lordships were pleased to order accordingly; that in preparing the said Bill, the Petitioner has, of Necessity, been obliged to vary the same in some Particulars not mentioned in the former Petition; and therefore praying their Lordships, That he may be at Liberty to withdraw his former Petition, and present a new one for Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That the Petitioner be at Liberty to withdraw his said former Petition, and present a new one, for Leave to bring in a Private Bill for the Purposes therein mentioned, as desired.

Referred to Judged.

Accordingly, Upon reading the Petition of the Most Noble Henry Duke of Beaufort; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Ashurst, who are forthwith to summon all, Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Stoke and Brandon River, &c. Drainage Bill.

A Message was brought from the House of Commons, by Sir Edward Astley and others:

With a Bill, intituled, An Act for draining and preserving certain Fen Lands and Low Grounds, lying in the South Level, Part of the Great Level of the Fens commonly called Bedford Level, between certain old Rivers or Drains called Stoke River and Brandon River, and a certain Level or District called Feltwell New District, and the Hard-lands of Woodhall in Helgay, and Helgay, in the Counties of Norfolk and Suffolk; to which they desire the Concurrence of this House.

Hognaston Wynn and Hognaston Oldfield Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing certain Commons or Pastures called Hognaston Wynn and Hognaston Oldfield, within the Liberty of Hognaston, in the County of Derby; to which they desire the Concurrence of this House.

Longmarston Enclosure Bill.

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

with a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and Commonable Lands, within the Parish of Longmarston, in the County of Gloucester; to which they desire the Concurrence of this House.

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

Corn, to regulate the Importation and Exportation of, Bill.

Hodie 2^a via lecta est Billa, intituled, An Act to regulate the Importation and Exportation of Corn.

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday the 4th Day of May next; and that the Lords be summoned.

Sheasby Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields and Common Pastures of Sheasby, in the Parish of Knaptoft and County of Leicester.

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.

E. Thanet to make a Canal Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to enable the Right Honourable Sackville Earl of Thanet to make a navigable Cut or Canal from a Place called The Spring, lying near Skipton Castle, in the County of York, to join to and communicate with the navigable Canal from Leeds to Liverpoole, in a Close called Hebble End Close, in the Township of Skipton, in the said County of York.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Beckford Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and all other Commonable Lands, and certain Lot Ground, within the several Villages or Townships of Beckford, Grafton, Ashton Underbill, and Bengrove, in the Parish of Beckford and County of Gloucester.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

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

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

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

Adderleys Bill; Motion to dispense with Standing Order.

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 Part of the Settled Estates of Charles Bowyer Adderley Esquire, in the Parishes of Hanbury and Leigh, in the County of Stafford, in Trustees, to be sold, for Payment of the Incumbrances affecting the same; and for laying out the Residue of the Money arising by such Sale, in the, Purchase of other Lands and Hereditaments, to be settled to the like Uses, 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 To-morrow; and the Lords summoned.

Spelmans Bill Motion to dispense with Standing Order.

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 Sale of the Settled Estate of Henry Spelman Clerk, in the County of Norfolk; 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 To-morrow; and the Lords summoned.

Cades Divorce Bill.

The Lord Boston (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, An Act to dissolve the Marriage of Philip Cade Esquire with Catharine Whitworth his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

The same were read by the Clerk, as follow; (videlicet),

Fol. 6. L. 9. After [the], leave out [First Day of May] and, instead thereof insert [Third Day of July].

Fol. 6. L. 14. Leave out [First Day of May], and insert [Third Day of July].

And the said Amendments, being again read by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amend ments, be engrossed.

Kircudbright Claim of Peerage.

A Petition of Lieutenant John Mac Clellan, claiming the Title, Honour, and Dignity, of Lord Kircudbright, was presented and read; setting forth, That in consequence of a Signification given to the Counsel respecting Two Objections stated at the Bar to the Petitioners Pedigree, Supplemental Cases were printed and lodged; and a Third Objection appearing to be started in the Case exhibited for the Crown, (videlicet), That Old Sir Thomas MClellan, the common Ancestor of all the different Branches of this Family, had either a Fifth Son or Grandson of the Name of William; and your Petitioner not thinking himself at Liberty to print the Evidence, and make answer to this last Objection, without their Lordships Permission; and therefore praying their Lordships for Leave to lay before them his Evidence and Answer to this last Objection; and that their Lordships would likewise be pleased to appoint this Claim to be heard before the Lords Committees for Privileges on Thursday next.

And thereupon the Agent for the Petitioner was called in, and heard at the Bar:

And being withdrawn:

Ordered, That the Petitioner be at Liberty to lay before the House his Evidence and Answer to the said last Objection; and that the Lords Committees for Privileges do meet to consider of the said Claim on Thursday next.

Sir George Booth against Weight et al.

A Petition of Sir George Booth Baronet, Appellant in a Cause depending in this House, to which John Wright and others are Respondents, which stands appointed for hearing, was presented and read; setting forth, That the Petitioner presented his Appeal to their Lordships from an Order of the Court of Exchequer of the 23d of May 1772: That, since setting down the said Appeal for hearing, the Parties having been in Treaty for an Accommodation of the Matters in Dispute between them, their Lordships, on the Petitions of the Parties, have adjourned the said Cause, and the same now stands for hearing on Thursday the 29th Day of this instant April: That the said Cause is still under Terms of Compromise, and in Prospect thereof the Petitioner hath not prepared his Case, and taken the other necessary Steps previous to the said Hearing; and therefore praying, That their Lordships will be pleased to put off the Hearing of this Cause till after all the Causes already appointed, or to such other Time as their Lordships shall think proper:

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to Tuesday the 18th Day of May next.

Sir Gregory Turners Estate Bill.

Ordered, That the Committee to whom the Bill, intituled, An Act for vesting divers Freehold and Leasehold Estates, and certain Goods and Chattels, late of Sir Edward Turner Baronet deceased, in Sir Gregory Turner Baronet his eldest Son, as a Compensation for, and in Satisfaction of, his Claims on his said late Fathers Estate and Effects, stands committed, be revived and meet on Monday next.

Adjourn.

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

Die Mercurii, 28^o Aprilis 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Livingstone against War rock.

After hearing Counsel in Part in the Cause wherein Alexander Livingstone Esquire of Westquarter is Appellant, and James Warrock is Respondent:

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

Sheasby Enclosure Bill.

The Earl of Westmorland reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields and Common Pastures of Sheasby, in the Parish of Knaptoft, and County of Leicester; was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Helpringham Enclosure Bill.

The Earl of Westmorland made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open Common Fields, Meadow Grounds, Common Fen, Cow Pasture, and other Commonable Lands, in the Parish of Helpringham, in the County of Lincoln, was committed.

Long Marston Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and Commonable Lands, within the Parish of Long Marston, in the County of Gloucester.

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.

Adderleys Bill, Standing Order dispensed with.

The Order of the Day being read for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order, No. 126, so far as that the Committee, to whom the Bill, intituled, An Act for vesting Part of the Settled Estates of Charles Bowyer Adderley, in the Parishes of Hanbury and Leigh, in the County of Stafford, in Trustees, to be sold, for Payment of the Incumbrances affecting the same, and for laying out the Residue of the Money arising by such Sale in the Purchase of other Lands and Hereditaments to be settled to the like Uses, 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.

Spelmans Bill; Standing Order dispensed with.

The Order of the Day being read for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order, No. 126, so far as that the Committee, to whom the Bill, intituled, An Act for Sale of the Settled Estate of Henry Spelman Clerk, in the County of Norfolk; 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.

Stourbridge, &c. Road Bill.

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

With a Bill, intituled, An Act for enlarging and altering the Term and Powers of an Act, made in the Twenty-sixth Year of the Reign of King George the Second, for repairing the Roads leading from the Market House in Stourbridge, and other Roads therein mentioned in the Counties of Worcester, Stafford, Salop, and Warwick respectively; to which they desire the Concurrence of this House.

Stamford, &c. Road Bill.

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

With a Bill, intituled, An Act for repairing and widening the Road from the North Turnpike Road near Scot Gate otherwise Scot Gate, in the Town of Stamford, in the County of Lincoln, to Oakham, in the County of Rutland; and from Oakham through Burley, to a Gate on the North Side of a certain Close in the said Lordship of Burley, called Booths Close, adjoining to the Open Fields of Cottesmore, in the said County of Rutland; to which they desire the Concurrence of this House.

Drax Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the several Open Fields, within the Township and Parish of Drax, in the West Riding of the County of York; to which they desire the Concurrence of this House.

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

Preston Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Arable Fields, Meadow and Pasture Grounds, within the Township of Preston in Holdernesse, in the East 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, so meet on Monday next, at the usual Time and Place; and to adjourn as they please.

Hampton to Staines Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for amending, widening, and keeping in Repair, the Road from the Guide Post at the West End of the Town of Hampton, over Sunbury Common, to the Town of Staines, in the County of Middlesex.

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.

Petersham Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for amending, lighting, and watching the Highways or Roads, within the Town, Village, or Chapelry of Petersham, in the County of Surrey.

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.

Firth and Clyde Navigation Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enlarge the Powers of Two Acts, made in the Eighth and Eleventh Years of the Reign of His present Majesty, for making and maintaining a navigable Cut or Canal from the Firth or River of Forth, at or near the Mouth of the River of Carron, in the County of Stirling, to the Firth or River of Clyde, at or near a Place called Dalmuir Burnfoot, in the County of Dumbarton; and also a collateral Cut from the same to the City of Glasgow; and for making a navigable Cut or Canal of Communication from the Port and Harbour of Borrowstounness, to join the said Canal, at or near the Place where it will fall into the Firth of Forth.

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.

Coxs Museum Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for enabling James Cox Jeweller, to dispose of his Museum, commonly called Coxs Museum, by Way of Chance, in such Manner as may be molt for the Benefit of himself and his Creditors.

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.

Hognaston Wynn and Hognaston Oldfield Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Commons or Pastures called Hognaston Wynn and Hognaston Oldfield, within the Liberty of Hognaston, 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.

Stoke and Brandon Rivers, &c. Drainage Bill.

Hodie 2^a vice lecta est Billa intituled, An Act for draining and preserving certain Fen Lands and Low Grounds lying in the South Level, Part of the Great Level of the Fens commonly called Bedford Level, between certain old Rivers or Drains called Stoke River and Brandon River, and a certain Level or District called Feltwell New District, and the Hard Lands of Woodhall in Helgay, and Helgay, in the Counties of Norfolk and Suffolk.

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.

Holme upon Spalding Moor Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Open Fields, Carrs, Ings, or Meadow Grounds, and Commons or Waste Grounds, within the Township and Parish of Holme upon Spalding Moor, in the East 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 meet on the same Day, at the same Place; and to adjourn as they please.

Little Stukely Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing, the Open and Common Fields, Meadows, Commonable Lands, and Commons, within the Manor, Parish, and Liberties of Little Stukely, in the County of Huntingdon.

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.

Cades Divorce Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to dissolve the Marriage of Philip Cade Esquire with Catharine Whitworth his now Wife, and to enable him to marry against and for other Purposes therein mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Sir Edward Blacketts Estate Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for making a Partition and Division of certain Estates in the Parish of Ryton, in the County of Durham, between Sir Edward Blackett Baronet and Sir Walter Blackett Baronet, pursuant to an Agreement made between them.

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. Cuddon and Mr. Leeds:

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

Kircudbright Claim of Peerage.

Ordered, That the Sitting of the Committee of Privileges on the Kircudbright Claim of Peerage, which stands appointed for Thursday next, be put off to Monday next.

Lambert to enter into Recognizance on Greig et al. Appeal.

The House being moved, That John Lambert Gentleman, may be permitted to enter into a Recognizance for Robert Greig of Lethangie and others, on Account of their Appeal depending in this House, they residing in Scotland:

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

Montgomery, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for continuing and enlarging the Terms and Powers of Two Acts, made in the Thirty-first Year of His late Majesty, and Ninth Year of His present Majestys Reign, for repairing several Roads in the Counties of Montgomery, Merioneth, and Salop, and for repairing several other Roads 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 Friday next, at the usual Time and Place; and to adjourn as they please.

Filmer et al. against Gott.

The House being informed, That Henry Thomas Gott, Respondent to the Appeal of Edmund Filmer Clerk and others, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of John Wilson of the Liberty of the Rolls, London, Gentleman, of the due Service of the said Order being read:

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

Adjourn.

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

Die Jovis, 29^o Aprilis 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Countess of Wemyss against Steuart et al.

The Answer of James Steuart Esquire and others, to the Appeal of Janet Countess Dowager of Wemyss was this Day brought in.

Livingstone against Warrock.

After hearing Counsel as well Yesterday as this Day upon the Petition and Appeal of Alexander Livingstone Esquire of Westquarter, complaining of an Interlocutor of the Lords of Session in Scotland, of the 18th of November 1772; and praying, That the same might be reversed, varied, or altered, 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 James Warrock, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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

E. Scarbrough et Ux Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable the Earl of Scarbrough and the Right Honourable Barbara Countess of Scarbrough 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 discharging the Manor of Greenfield, and divers Messuages, Lands, and Hereditaments, in the County of Lincoln, Part of the Estate of Richard Earl of Scarbrough, from the Uses, Estates, and Trusts, declared concerning the same, by the Settlement executed previous to his Marriage with Barbara Countess of Scarbrough his Wife; and for settling other Lands and Hereditaments, of greater Value, in Lieu thereof, to the like Uses.

Messages from H. C. to return Smiths Bill;

A Message was brought from the House of Commons, by Governor Pownall and others:

To return the Bill, intituled, An Act for vesting the Moiety of the Manor of Russels, 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; and to acquaint this House, that they have agreed to the same, without any Amendment.

and Sedbergh Grammar School Bill.

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

To return the Bill, 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 exchange certain Lands and Possessions of the said School, therein mentioned, with Walter Vavasour of Weston in the said County Esquire, for other Lands in the Parish of Sedbergh aforesaid, of greater Value, to be settled to the same Uses; and to acquaint this House, that they have agreed to the same, without any Amendment.

Hognaston Wynnad Hognaston Oldfield Enclosure Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing certain Commons or Pastures called Hognaston Wynn and Hognaston Oldfield, within the Liberty of Hognaston, in the County of Derby, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; 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.

Longmarston 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 and Common Fields, Common Meadows, and Commonable Lands, within the Parish of Longmarston in the County of Gloucester, was committed.

Drax Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Open Fields, within the Township and Parish of Drax, in the West Riding of the County of York.

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.

Stamford, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for repairing and widening the Road from the North Turnpike Road near Scot Gate otherwise Scot Gate, in the Town of Stamford, in the County of Lincoln, to Oakham, in the County of Rutland; and from Oakham, through Burley, to a Gate on the North Side of a certain Close in the said Lordship of Burley called Booths Close, adjoining to the Open Fields of Cottesmore, in the said County of Rutland.

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.

Message from H. C. to return Gordons Divorce Bill.

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

To return the 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; and to acquaint this House, that they have agreed to the same, without any Amendment.

Groppenhall and Latchford Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for severing, dividing, enclosing, and allotting, divers Parcels of Common or Waste Grounds, within the Townships of Groppenhall and Latchford, in the County Palatine of Chester.

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

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

Sheasby Enclosure Bill.

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

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Helpringham Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Common Fields, Meadow Grounds, Common Fen, Cow Pasture, and other Commonable Lands, in the Parish of Helpringham, in the County of Lincoln.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

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

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

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

Stourbridge Roads, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for enlarging and altering the Term and Powers of an Act, made in the Twenty-sixth Year of the Reign of King George the Second, for repairing the Roads leading from the Market House in Stourbridge, and other Roads therein mentioned, in the Counties of Worcester, Stafford, Salop, and Warwick, respectively.

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.

Countess of Wemyss against Steuart et al.

The House being moved, That a Day may be appointed for hearing the Cause, wherein Janet Countess Dowager of Wemyss is Appellant, and James Steuart Esquire 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 Veneris, tricesimum diem instantis Aprilis, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 30^o Aprilis 1773

Domini tam Spirituales quam temporales prsentes fuerunt:

PRAYERS.

Hepburn and Cheape against Aikman.

After hearing Counsel this Day, upon the Petition and Appeal of John Hepburn Surgeon in Edinburgh, and William Cheape Linen Manufacturer there, complaining of Two Interlocutors of the Lords of Session in Scotland; of the 10th and 19th Days of December 1772, and also of an Interlocutor of the Lord Ordinary there, of the 14th of January 1773; and praying, That the same might be reversed or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem just; as also upon the Answer of George Aikman of Glasgow Merchant, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed with Costs.

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

Bethnal Green Workhouse and Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable the Inhabitants of the Parish of Saint Matthew Bethnal Green, in the County of Middlesex, to pay Debts already contracted in finishing and furnishing their Workhouse; and on Account of the Poor of the said Parish, and for their further Relief.

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 10th Day of May next, at Ten oClock in the Forenoon in the Princes Lodgings, near the House of Peers; and to adjourn as they please.

Petition against it.

Upon reading the Petition of the Owners and Occupiers of Land within the Parish of Saint Matthew Bethnal Green, in the County of Middlesex, whose Names are (fn. 1) hereunto subscribed, on Behalf of themselves and others, the Owners and Occupiers of Land within the said Parish, (fn. 1) was presented and read; setting forth, That the Petitioners being informed that a Bill; intituled, An Act to enable the Inhabitants of the Parish of Saint Matthew Bethnal Green, in the County of Middlesex, to pay Debts already contracted in finishing and furnishing their Workhouse; and on Account of the Poor of the said Parish, and for their further Relief, is now depending before their Lordships, whereby the Petitioners apprehend they shall be greatly aggrieved if the same should pass into a Law; and therefore praying their Lordships, That they may be heard by themselves, or Counsel, against the said Bill; or that the Petitioners may have such other Relief in the Premises as to their Lordships shall seem meet:

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, with Liberty for the Petitioners to be heard by themselves, or Counsel, against the said Bill as desired; and that Counsel be heard for the Bill at the same Time, if they think fit.

Ordered, That all the Lords who have been, or shall be present this Session, be added to the said Committee.

Billers, for a Nat. Bill.

Upon reading the Petition of Thomas Walker Esquire, Guardian of William Billers, an Infant under the Age of Twenty-one Years; praying Leave to bring in a Bill for naturalizing the said Infant:

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

Bill read.

Whereupon the Duke of Atholl presented to the House a Bill, intituled, An Act for naturalizing William Billers an Infant.

The said Bill was read the First Time.

Hognaston Wynn and Hognaston Oldfield Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Commons or Pastures, called Hognaston Wynn and Hognaston Oldfield, within the Liberty of Hognaston, in the County of Derby.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Longmarston Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and Commonable Lands, within the Parish of Longmarston, in the County of Gloucester.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative,

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

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

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

Messages from H. C. to return Roans Charity Bill, with Amendments.

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

To return the Bill, 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 take a Conveyance of the said Messuage and Two Pieces of Land, and for other Purposes therein mentioned; and to acquaint this House, that they have agreed to the same, with some Amendments; to which they desire their Lordships Concurrence.

and MCullochs Bill.

A Message was brought from the House of Commons, by the Lord Advocate for Scotland and others:

To return the Bill, intituled, An Act for empowering the Judges of the Court of Session in Scotland to sell such Part or Parts of the Estate of Barholm in the Stewartry of Kircudbright, belonging to John MCulloch, now of Barholm, as shall be sufficient for Payment of the Debts affecting the same; and for settling the Remainder of the said Estate in Tail on the same Series of Heirs, and in the same Manner as is mentioned in a Deed of Entail made in the Year One thousand seven hundred, and sixty-two; and to acquaint this House, that they have agreed to the same, without any Amendment.

Little Stukely Enclosure Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing, allotting, and enclosing, the Open and Common Fields, Meadows, Commonable Lands, and Commons, within the Manor, Parish, and Liber ties of Little Stukely, in the County of Huntingdon, 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.

Spelmans Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act for Sale of the Settled Estate of Henry Spelman Clerk, in the County of Norfolk, 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 One Amendment thereto:

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

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

Countess of Wemyss against Steuarts Petition for a Bye-Day.

A Petition of Major James Steuart and Sir James Steuart of Coltness Baronet, Respondents in a Cause depending in this House, to which Janet Countess Dowager of Wemyss is Appellant, which stands appointed for hearing, was presented and read; setting forth, That the present Appeal is brought from an unanimous Judgement of the Court of Session, and respects the Payment of an Annuity of 100 of which there is due an Arrear of Five Years: That, as the Cause cannot come on in its Course in the present Session; and the Appeal seems to be brought for the Purpose of Delay; and for a Suspension of the Payment of the Annuity; and therefore praying their Lordships, To appoint this Cause for hearing on Thursday the 13th of May, or on such other Bye-Day in the present Session as to their Lordships shall seem proper.

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 Thursday the 20th of May next.

Little Stukely Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing, the Open and Common Fields, Meadows, Commonable Lands, and Commons, within the Manor, Parish, and Liberties of Little Stukely, in the County of Huntingdon.

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.

Spelmans Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for Sale of the Settled Estate of Henry Spelman Clerk, in the County of Norfolk, and for other Purposes therein mentioned.

The Question was put, Whether this Bill shall pass?

it was resolved in the Affirmative.

Message to H. C. with it.

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

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

Herons Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for the Division, Allotment, and Appropriation of several Messuages, Lands, and Hereditaments, in the several Counties of Leicester, Nottingham, and Lincoln, the Estates of Thomas Heron Esquire, whereof he is either Tenant for Life under different Settlements, or whereunto he is entitled, to him and his Heirs in Fee-Simple, 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.

Coxs Museum Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act for enabling James Cox Jeweller, to dispose of his Museum, commonly called Coxs Museum, by Way of Chance, in such Manner as may be most for the Benefit of himself and his Creditors, 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.

Firth and Clyde Navigation Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to enlarge the Powers of Two Acts, made in the Eighth and Eleventh Years of the Reign of His present Majesty, for making and maintaining a Navigable Cut or Canal from the Firth or River of Forth, at or near the Mouth of the River of Carron, in the County of Stirling, to the Firth or River of Clyde, at or near a Place called Dalmuir Burnfoot, in the County of Dumbarton; and also a collateral Cut from the same to the City of Glasgow; and for making a Navigable Cut or Canal of Communication from the Port and Harbour of Borrowstounness to join the said Canal at or near the Place where it will fall into the Firth of Forth, was committed.

Montgomery, &c. Road Bill.

The Lord Boston also made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for continuing and enlarging the Terms and Powers of Two Acts, made in the Thirty-first Year of His late Majesty, and Ninth Year of His present Majestys Reign, for repairing several Roads in the Counties of Montgomery, Merioneth, and Salop; and for repairing several other Roads therein mentioned, was committed.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, tertium diem Maii, jam prox. sequen, hora undecima Auror, Dominis sic decernentibus.