House of Lords Journal Volume 33: May 1773, 11-20

Die Martis, 11^o Maii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Bruce against Carstairs:

After hearing Counsel this Day upon the Petition and Appeal of Miss Anna Bruce, Daughter of the deceased Sir John Bruce of Kinross Baronet, complaining of certain Parts of Two Interlocutors of the Lord Ordinary in Scotland, of the 15th of December 1770, and 9th of July 1771; and also of Part of an Interlocutor of the Lords of Session there, of the 26th of February 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 Bruce Carstairs of Kinross Esquire, 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 several Parts of the said Interlocutors complained of in the said Appeal, so far as they sustain the Defence quoad the Bond of Provision granted by the deceased Sir John Bruce to the Appellant in 1759, be, and the same are hereby reversed: And it is hereby further Ordered, That the Defence be repelled, and that the Cause be remitted back to the Court of Session in Scotland to proceed accordingly.

D. Beauforts Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting Part of the Estates strictly entailed by the Will of the Most Noble Charles Noel late Duke of Beaufort, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Manors, Lands, and Hereditaments, in the County of Monmouth, to be settled to the same Uses.

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 the 26th Day of this instant May, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.

Yaxley Drainage Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act for the more effectual draining and preserving certain Fen Lands and Low Grounds, in the Parish of Yaxley, 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.

Temple Sowerby Moor, &c. 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 several Tracts or Parcels of Common and Waste Ground, called and known by the respective Names of Temple Sowerby Moor, The Down Moor, The Whinns, and Parsons Close, within the Parish of Kirkby Thore, in the County of Westmorland, was committed.

Haverhill to Redcross Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of an Act, passed in the Sixth Year of His present Majestys Reign, intituled, An Act for repairing and widening the Road from the present Turnpike Road at Haverhill to Redcross, in the Parish of Shelford, in the County of Cambridge.

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.

Trysul and Session Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Commons and Waste Lands, within the Manor of Trysul and Session, in the Parish of Trysul, in the County of Stafford.

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

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

Llandovery Bridge, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for building a Bridge over the River Towey, near Llandovery, in the County of Carmarthen; and for making the Fords near the said Town safe and commodious.

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.

Round Acton, &c. Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Commons and Waste Lands, in the several Parishes of Round Acton, Morvil Barrow, Much Wenlock, and Astley Abbots, in the County of Salop.

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.

Wales, to discourage frivolous Suits in, &c. Bill.

Ordered, That the Sitting of the Committee of the whole House upon the Bill, intituled, An Act to discourage the Practice of commencing frivolous and vexatious Suits in His Majestys Courts at Westminster, in Causes of Action arising within the Dominion of Wales; and for further regulating the Proceedings in the Courts of Great Sessions in Wales, which stands appointed for To-morrow, be put off to Thursday next.

Adjourn.

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

Die Mercurii, 12^o Maii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Bolts against East India Company:

After hearing Counsel this Day upon the Petition and Appeal of William Bolts of Harpur Street, Red Lion Square, in the County of Middlesex, Esquire, complaining of an Order of the Court of Exchequer of the 30th of May 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 His Majestys Attorney General, at the Relation of the United Company of Merchants of England trading to the East Indies, and of the said United Company, the Relators, 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.

Haverhill to Redcross Road Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act to enlarge the Term and Powers of an Act, passed in the Sixth Year of His present Majestys Reign, intituled, An Act for repairing and widening the Road from the present Turnpike Road at Haverhill to Redcross, in the Parish of Shelford, in the Counry of Cambridge, 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 and Amendment.

Round Acton, &c. Enclosure Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, An Act for dividing and enclosing certain Commons and Waste Lands in the several Parishes of Round Acton, Morvil Barrow Much Wenlock, and Astley Abbots, in the County of Salop, which stands appointed for Friday next, be put off to Tuesday next.

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

Blake against Perryn and Vaughan, Writ of Error.

Ordered, That the Hearing of the Errors argued, assigned upon a Writ of Error, wherein Hannah Blake is Plaintiff, and William Perryn and Thomas Vaughan are Defendants, which stands appointed, (fn. 1) be put off to the next Session of Parliament.

Peers Pedigrees referred to Committee of Privileges.

Ordered, That the Pedigrees of William Duke of Devonshire, James Duke of Chandos, George Harry Earl of Stamford Frederick Earl of Carlisle, Robert Earl of Litchfield, Other Lewis Earl of Plymouth, George Earl of Egremont, George James Earl of Cholmondeley, Robert Earl of Harborough, Wills Earl of Hillsborough, John Lord Audley, Edwin Lord Sandys, John James Lord Lovel and Holland, and Thomas Lord Ducie, be referred to the Committee of Privileges.

Ordered, That the Committee of Privileges do meet to examine the said Pedigrees on Monday next.

Haltham cum Roughton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open and Common Fields, Meadows, Ings, Moors, Common Pastures, and other Commonable Lands, within the Manors of Haltham cum Roughton in the Townships of Haltham and Roughton, 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 Tuesday next, at Ten oClock in the Forenoon, in the Princes, Lodgings near the House of Peers, and to adjourn as they please.

Yaxley Drainage Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for the more effectual draining and preserving certain Fen Lands and Low Grounds in the Parish of Yaxley, in the County of Huntingdon.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Temple Sowerby Moor, &c. Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing several Tracts or Parcels of Common and Waste Ground, called and known by the respective Names of Temple Sowerby Moor, The Down Moor, The Whinns, and Parsons Close, within the Parish of Kirkby Thore, in the County of Westmorland.

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. Anguish and Mr. Browning:

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

D. Beauforts Estate Bill, Motion for shortening Committee.

The House was moved, That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees upon Private Bills, may be so far dispensed with, as that the Committee to whom the Bill, intituled, An Act for vesting Part of the Estates, strictly entailed by the Will of the Most Noble Charles Noel late Duke of Beaufort, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Manors, Lands, and Hereditaments in the County of Monmouth, to be settled to the same Uses, stands committed, may proceed on the said Bill on an earlier Day than is appointed:

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

Causes put off.

Ordered, That the Hearing of the Cause, wherein John Kennion Esquire is Appellant, and Samuel Gardner and others are Respondents, which Hands appointed for Friday next, be put off to Monday next; and that the Rest of the Causes be removed in Course.

Adjourn.

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

Die Lun 30^o Junii 1794.

Hitherto examined by Us,

Leeds.

Lauderdale.

John Bangor.

Die Jovis, 13^o Maii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Rochester, &c. Road Bill.

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

With a Bill, intituled, An Act for enlarging the Term and Powers of Three Acts, passed in the First, Ninth, and Twenty-second Years of the Reign of His late Majesty King George the Second, for repairing and enlarging the Road leading from the House, called The Sign of the Bells, in the Parish of Saint Margaret, in Rochester, to Maidstone; and other Roads therein mentioned, in the County of Kent; to which they desire the Concurrence of this House.

Truro Roads and Bridge Bill.

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

With a Bill, intituled, An Act for more effectually amending several Roads leading from and near the Borough of Truro, in the County of Cornwall; and for building a Bridge over the River at a Place called The Steppings, in or near the said Borough; to which they desire the Concurrence of this House.

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

St Mary-le-bone Watch, &c. Bill.

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

With a Bill, intituled, An Act for amending and rendering more effectual Two Acts, made, One in the Eighth and the other in the Tenth Year of His present Majestys Reign, for regulating the Nightly Watch and Beadles, and for paving, repairing, cleansing, and lighting, the Parish of Saint Mary-le-bone, in the County of Middlesex; and for other Purposes in the said Acts mentioned; to which they desire the Concurrence of this House.

Message from H. C. to return Sir Edward Blacketts Estate Bill.

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

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

Stanton Harcourt Enclosure Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing, allotting, and enclosing the Common Fields, Common Meadows, and other Commonable Lands, in the Manor and Parish of Stanton Harcourt, in the County of Oxford, 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.

Culgaithe 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 Common and Waste Grounds within the Manor or Township of Culgaithe, in the County of Cumberland, was committed.

Galey Common 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 Parcel of Common or Waste Land, called Galey Common, lying within the Manor or Lordship of Galey, in the County of Stafford, was committed.

Trysul and Session 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 Commons and Waste Lands, within the Manor of Trysul and Session, in the Parish of Trysul, in the County of Stafford, was committed.

Llandovery Bridge, &c. Bill.

The Lord Viscount Wentworth also reported from the Lords Committees, to whom the Bill, intituled, An Act for building a Bridge over the River Towey, near Llandovery, in the County of Carmarthen; and for making the Fords near the said Town safe and commodious, 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.

D. Beautorts Estate Bill; Standing Order dispensed with.

The House (according to Order) proceeded to take into Consideration the Motion made Yesterday, for dispensing with the Standing Order requiring Fourteen Days Notice to be given of the Time of the Meeting of Committees upon Private Bills, so far as that the Committee to whom the Bill, intituled, An Act for vesting Part of the Estates strictly entailed by the Will of the Most Noble Charles Noel late Duke of Beaufort, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Manors, Lands, and Hereditaments, in the County of Monmouth, to be settled to the same Uses, stands committed, may meet on an earlier Day than is appointed.

And Consideration being had thereof accordingly:

Ordered, That the said Standing Order be dispensed with in this Case; and that the Committee may meet to consider the said Bill on Thursday the 20th Day of this instant May.

Wales, to discourage frivolous Suits in, &c. Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, An Act to discourage the Practice of commencing frivolous and vexatious Suits in His Majestys Courts at Westminster, in Causes of Action arising within the Dominion of Wales; and for further regulating the Proceedings in the Courts of Great Sessions in Wales:

The House was accordingly adjourned during Pleasure, and put into a Committee thereupon.

After some Time the House was resumed:

And the Lord Viscount Wentworth reported from the Committee, That they had gone through the Bill, and made several Amendments thereto, which he was ready to report, when the House will please to receive the same.

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamen turn continuandum esse usque ad et in diem Lun, decimum septimum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 17^o Maii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Kennion against Gardner et al.

After hearing Counsel in Part, in the Cause wherein John Kennion Esquire is Plaintiff, and Samuel Gardner and others are Respondents:

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

Truro Roads and Bridge Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for more effectually amending, several Roads leading from and near the Borough of Truro, in the County of Cornwall; and for building a Bridge over the River at a Place called The Stepping, in or near the said Borough.

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.

Wales, to discourage frivolous Suits, &c. in, Bill.

The Order of the Day being read for the receiving the Report of the Amendments made by the Committee of the whole House, to the Bill, intituled, An Act to discourage the Practice of commencing frivolous and vexatious Suits in His Majestys Courts at Westminster, in Causes of Action arising within the Dominion of Wales; and for further regulating the Proceedings in the Courts of Great Sessions in Wales.

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

Galey Common Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing a certain Parcel of Common or Waste Land called Galey Common, lying within the Manor or Lordship of Galey, in the County of Stafford.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Culgaithe Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common and Waste Grounds, within the Manor or Township of Culgaithe, in the County of Cumberland.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Llandovery Bridge, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for building a Bridge over the River Towey, near Llandovery, in the County of Carmarthen; and for making the Fords near the said Town safe and commodious.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Stanton Harcourt Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing, the Common Fields, Common Meadows, and other Commonable Lands, in the Manor and Parish of Stanton Harcourt, in the County of Oxford

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Haverhill to Redcross Road Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of an Act, passed in the Sixth Year of His present Majestys Reign, intituled, An Act for repairing and widening the Road from the present Turnpike Road at Haverhill to Redcross, in the Parish of Shelford, in the County of Cambridge.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Trysul and Session Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Commons and Waste Lands, within the Manor of Trysul and Session, in the Parish of Trysul, in the County of Stafford.

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 Six preceding Bills.

And Messages were, severally, sent to the House Commons, by Mr. Pechell and Mr. Eames:

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

Bethnal Green Workhouse and Poor Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the 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 Work House; and on Account of the Poor of the said Parish; and for their further Relief, was committed: That they had considered the said Bill, as also the Petition to them referred, and had heard Counsel, and examined Witnesses for the Petitioners against the said Bill, upon their Petition; and had also heard Counsel for the Bill; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Sir George Booth against Wright et al.

Upon reading the 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; setting forth, That the Petitioner, in the last Session of Parliament, 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 have been in Treaty for an Accommodation of the Matters in Dispute between them; the Petitioner, and also the Respondents, petitioned for and obtained several Orders for adjourning this Cause; and the same now stands for hearing the 18th of this instant May; that the said Cause is still under Terms of Compromise, and in prospect thereof, the Petitioner is desirous to withdraw his said Appeal; and therefore praying their Lordships, That he may be at Liberty to withdraw his laid Appeal, without Costs; the Agent for the said Respondents having signed the said Petition as consenting thereto:

Appeal withdrawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, without Costs, as desired.

Countess of Wemyss against Stuart et al.

A Petition of Janet Countess Dowager of Wemyss, Appellant in a Cause depending in this House, to which Major James Stuart and others are Respondents, which stands appointed for hearing, was presented and read; setting forth, That the Petitioner lately entered her Appeal to their Lordships, from several Interlocutors of the Lords of Session in Scotland; that their Lordships were pleased, upon the Respondents Application, to order this Cause to be heard before their Lordships, upon Thursday next, the 20th May instant; that as the present Session of Parliament was so far advanced before the Appellant entered her Appeal, and several other Causes standing previously appointed for hearing, the Appellant did not imagine that this Cause would have come on to be heard this Session, and therefore she did not give Orders to her Agent in Scotland to extract the Proceedings in the Court below, or to transmit the necessary Papers to her Agent here, to enable him to prepare a Case for her, to be laid before their Lordships; that so soon as this Appeal was appointed for hearing on the 20th Instant, the Appellant wrote to her Agent in Scotland, desiring him immediately to extract the Proceedings in the Court below, and to transmit the same to London, with the necessary Papers for preparing her Case, and instructing her Counsel; but as those Proceedings are numerous and long, it requires some Time to extract them; neither the Extract, or other Papers, have yet come to the Appellants Agents Hands, so it will be impossible for her fully to instruct her Counsel, or to be prepared for the Hearing on Thursday next; and therefore praying, That their Lordships will be pleased to restore this Cause to the Place in which it formerly stood in the Lift for hearing, or to indulge the Petitioner with a short Delay, to prepare her Case, and instruct her Counsel.

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 Thursday the 27th of this instant May.

St. Mary le Bone Watch, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for amending and rendering more effectual Two Acts, made, One in the Eighth and the other in the Tenth Year of His present Majestys Reign, for regulating the Nightly Watch and Beadles; and for paving, repairing, cleansing, and lighting, the Parish of Saint Mary le Bone, ia the County of Middlesex; and for other Purposes in the said Acts mentioned.

Madhouses, Regulation of, Bill.

Ordered, That the Bill, intituled, An Act for regulating Private Madhouses, be read a Second Time on Tuesday the 25th Day of this instant May; and that the Lords be summoned.

Southampton Poor, &c. Bill.

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

With a Bill, intituled, An Act for better regulating the Poor, and repairing the Highways, within the Town and County of the Town of Southampton; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

Die Mercurii, 19^o Maii 1773.

Domini tam Spirituales quam Temporalis prsentes fuerunt:

PRAYERS.

Kennion against Gardner et al.

After hearing Counsel, as well on Monday last as this Day, upon the Petition and Appeal of John Kennion Esquire, complaining of a Decree of the Court of Chancery of the 14th Day of June 1768; and praying, That the same might be reversed, so far as it concerns the Appellant, 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 Samuel Gardner, John Turner, Samuel Hucks, John Bindley, William Wright, and William Maskall, 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 Decree complained of in the said Appeal be, and the same is hereby reversed, so far as the same relates to the Appellant John Kennion Esquire: And it is further Ordered, That the Plaintiffs Bill, as against the said Appellant, be dismissed without Costs.

E. Scarborough ’s Estate Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, 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 Scarborough, from the Uses, Estates, and Trusts, declared concerning the same by the Settlement executed previous to his Marriage with Barbara Countess of Scarborough his Wife, and for settling other Lands and Hereditaments; of greater Value, in Lieu thereof, to the like Uses, 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.

Message from H. C. to return Herons Bill:

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

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

and Childs Bill.

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

To return the Bill, intituled, An Act for vesting Part of the Settled Estate of Smith Child Gentleman, in the County of Stafford, in Trustees, to be sold, to raise Money to pay off the Incumbrances charged upon and affecting the same; and for other Purposes therein mentioned; and to acquaint this House, that they have agreed to the same, without any Amendment.

West Willoughby Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields and Lands, Common Heath and Waste Grounds, within the Township of West Willoughby, in the Manor of Sudbrooke and Parish of Ancaster, in the County of Lincoln; to which they desire the Concurrence of this House.

Horsington Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields and Commonable Lands, within the Manor and Parish of Horsington, in the County of Lincoln, to which they desire the Concurrence of this House:

Swineshead and Wigtoft Marsh Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the several Parcels of Fen and other Commonable Lands, within the Parish of Swineshead, in the County of Lincoln; and also a certain Plot of Land called Wigsoft Marsh, in and near to the said Parish of Swineshead; to which they desire the Concurrence of this House.

Sheffield and Birmingham Assay Bill.

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

With a Bill, intituled, An Act for appointing Wardens and Assay-Masters for assaying Wrought Plate in the Towns of Sheffield and Birmingham; to which they desire the Concurrence of this House.

The last mentioned Bill was read the First Time.

Bedford North Level Drainage Bill.

A Menage was brought from the House of Commons, by Sir John Hynde Cotton and others:

With a Bill, intituled, An Act for more effectually executing an Act, passed in the Twenty seventh Year of King George the Second, for draining and preserving the Lands in the North Level, Part of Bedford Level, so far as relates to the Fourth District of the said North Level; to which they desire the Concurrence of this House.

Wastes, &c. Cultivation of, Bill.

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

With a Bill, intituled, An Act for the better Cultivation, Improvement, and Regulation, of the Common Arable Fields, Wastes, and Commons of Pasture in this Kingdom; to which they desire the Concurrence of this House.

Message from H. C. to return Spelmans Bill.

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

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

Truro Road and Bridge Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for more effectually amending several Roads leading from and near the Borough of Truro, in the County of Cornwall, and for building a Bridge over the River at a Place called The Steppings, in or near the said Borough, 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.

Haltham cum Roughton Enclosure Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing certain Open and Common Fields, Meadows, Ings, Moors, Common Pastures, and other Commonable Lands, within the Manors of Haltham cum Roughton, in the Townships of Haltham and Roughton, in the County of Lincoln, 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.

Round Acton, &c. Enclosure Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing certain Commons and Waste Lands, in the several Parishes of Round Acton, Morvil Barrow, Much Wenlock, and Astley Abbots, in the County of Salop, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto.

Which Amendments were read by the Clerkas follow; (videlicet),

Pr. 18. L. 20, 21, and 22. Leave out [who objected before the said Commissioners to such Claim or Claims], and insert [in whose Favour such Determination or Order shall have been made.]

L. 31, 32, and 33. Leave out [who objected to such Claim or Claims before the said Commissioners], and insert [in whose Favour such Determination or Order shall have been made].

L. 33 After [aforesaid] insert [is and].

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

Wales, to discourage frivolous Suits, &c. in, Bill.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House, to the Bill, intituled, An Act to discourage the Practice of commencing frivolous and vexatious Suits in His Majestys Courts at Westminster, in Causes of Action arising within the Dominion of Wales; and for further regulating the Proceedings in the Courts of Great Sessions in Wales.

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum primum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.