House of Lords Journal Volume 37: May 1785 1-10

May 1785 1-10

DIE Lunæ, 2^o Maii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir H. Munro et al. against Forbes et al.

After hearing Counsel further in the Cause, wherein Sir Hector Munro and others are Appellants, and Robert Forbes and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Counsel be called in at One o'Clock.

Agnew's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for empowering the Judges of the Court of Session in Scotland, to sell such Parts of the Estates of Barnbarroch and Sheuchan, lying in the County of Wigton and Stewartry of Kircudbright, belonging to Robert Agnew Esquire, as shall be sufficient for Payment of the Debts affecting either of those Estates; and for vesting the Remainder in Fee-Tail to the same Heirs, and under the same Limitations as are mentioned in the Deed of Entail thereof, bearing Date the Twenty-ninth Day of December One thousand seven hundred and fifty-seven," 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.

Tunstead &c. Poor Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for the better Relief and Employment of the Poor, within the Hundreds of Tunstead and Happing in the County of Norfolk," 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."

Melton Mowbray Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, passed in the Fourth Year of His present Majesty's Reign, for repairing and widening the Roads from Melton Mowbray in the County of Leicester, to the Guide Post in Saint Margaret's Field, Leicester, and from the Town of Leicester to the Town of Lutterworth, in the said County, and other Roads therein mentioned."

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

Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Corn Distillery (Scotland) Bill.

A Message was brought from the House of Commons, by General Murray and others:

With a Bill, intituled, "An Act for repealing so much of an Act made in the last Session of Parliament, as relates to the Distillation of Corn Spirits in Small Stills, in certain Counties or Districts of the Highlands in that Part of Great Britain called Scotland; and for authorizing the Commissioners of Excise in Scotland to grant Licences to Persons living in the said Counties or Districts, to distil Spirits from Barley, Bear or Big, the Growth of the said Counties, and for imposing a Duty on such Licences;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bp. Hereford's Exchange Bill.

A Message was brought from the House of Commons, by Sir George Cornwall and others:

To return the Bill, intituled, "An Act for consirming an Exchange agreed upon between the Lord Bishop of Hereford, and the Right Honourable Charles Lord Sommers, of certain Estates in the County of Hereford," and to acquaint this House, That they have agreed to the same, without any Amendment.

Kinnerley, &c. Enclosure Bill.

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

With a Bill, intituled, " An Act for dividing and enclosing the Common Fields and Waste Lands within the Manors of Kinnerley and Melverley, in the County of Salop;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Portsea Enclosure Bill.

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

To return the Bill, intituled, "An Act for dividing and enclosing the Common and Waste Lands called Frodington, otherwise Fraddington, otherwise Fratton Common, and South Sea Common, and Wastes in the Guildable Part of the Parish of Portsea, and County of Southampton," and to acquaint this House, That they have agreed to their Lordships' Amendments made thereto.

Bridgeman to take the Name of Simpson, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Simpson (lately called John Bridgeman) Esquire, and the Heirs Male of his Body, to take and use the Surname of Simpson, pursuant to the Will of William Simpson Esquire, deceased, and also to bear the Arms belonging to the Family of Simpson."

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.

Penryn Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act made in the Third Year of the Reign of His present Majesty, for amending and widening the Roads leading from

New Street and Pig Street in Penryn, in the County of Cornwall, to Redruth in the same 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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

Coxe's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain detached Parts of the settled Estates of Henry Hippisley Coxe Esquire, in Somersetshire, in Trustees, to be sold, and for laying out the Purchase Money in other Estates, to be settled to the same Uses, and for enabling the Tenants for Life to grant as well Leases of the Coal Mines as other Leases."

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

It was resolved in the Affirmative.

Shaftoe's Charity Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for better regulating the Charity of John Shaftoe of Nether Warden in the County of Northumberland Clerk, deceased."

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

It was resolved in the Affirmative.

Collignon's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled "An Act for naturalizing William Henry Collignon."

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

It was resolved in the Affirmative.

Messages to H. C. with the Three preceding Bills.

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

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

Cranbrooke Roads Bill:

Hodie 3^a vice lecta est Billa, intituled "An Act for continuing the Term, and altering and enlarging the Powers of Two Acts of the Second and Ninth Years of His present Majesty, for repairing and widening the Roads from the White Post on Haselden's Wood in the Parish of Cranbrooke, to Appledore Heath, and from Milkhouse Street in the same Parish, to Castleden's Oak in the Parish of Biddenden, and from the Turnpike Road in the Parish of Tenterden, through Rolvenden to the Turnpike Road in the Parish of Newenden, in the County of Kent."

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.

Public Offices Bill.

The House proceeded to take into Consideration the Amendment made by the Commons to the Amendments made by their Lordships to the Bill, intituled, An Act for appointing Commissioners to enquire into the Fees, Gratuities, Perquisites and Emoluments which are or lately have been received in the several Public Offices thereing mentioned; to examine into any Abuses which may exist in the same, and to report such Observations as shall occur to them for the better conducting and managing the Business transacted in the said Offices."

And the same, being read Three Times by the Clerk, was agreed to by the House.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

M^cInnes against Moir.

A Petition of Janet M^cInnes a Pauper, Appellant in a Cause depending in this House, to which Alexander Moir is Respondent, which stands appointed for hearing, was presented and read, setting forth, "That the Petitioner having presented her Appeal to their Lordships from certain Interlocutors of the Court of Session in Scotland, is since advised to withdraw the same;" and therefore praying their Lordships, "That she may be at liberty to withdraw her said Appeal."

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 Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tertium diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 3^o Maii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir H. Munro et al against Forbes et al:

After hearing Counsel as well on Friday last as Yesterday and this Day, upon the Petition and Appeal of Sir Hector Munro Provost of the Burgh of Nairn in Scotland, Alexander Hay, Alexander Brodie, and John Rose, Baillies thereof, and other Members of the Town Counsel of the said Burgh, elected the 23d of September 1782, and of John Fraser Common Clerk of the said Burgh, and of Alexander Baillie of Dockfour Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 10th and 27th of July 1784; and praying, "That the same might be reversed, varied, or amended, or that the Appellants 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 Robert Forbes and others, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed with Variations.

It is Ordered and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, that the said Interlocutor of the 10th of July 1784, complained of in the said Appeal be varied, by leaving out after the Words ("They find that,") all the Words of the said Interlocutor to the Words ("and find and declare,") the same relating to Matters which are either not in Issue, or not sufficiently proved, and instead thereof inserting the following Words, ("That the Baillies and Office Bearers of the said Burgh of Nairn, in all Time coming, ought to be elected and chosen from among the real and resident Burgesses thereof, but they do not find that such Residence is a necessary Qualification of the Persons to be elected Provost, or other Counsellors of the said Burgh, except the Magistrates aforesaid"); and it is further Ordered and Adjudged, that for the Reasons aforesaid, the said Interlocutor be further varied, by leaving out the Words ("Town Clerk"), and inserting instead thereof the Words ("Common Clerk of the said Burgh"); and it is further Ordered and Adjudged, that the said Interlocutor be further varied, by leaving out after the Words ("incapable of") the Words ("being elected a Member of the Counsel of the said Burgh, in any Capacity during his Continuance in the Office of Town Clerk or Deputy,") and inserting instead thereof the following Words, ("holding the said Office of Common Clerk, and at the same Time of holding the Office of one of the Magistrates of the said Burgh"); and it is further Ordered and Adjudged, that with these Variations the several Interlocutors complained of be and the same are hereby affirmed.

Douglas and Baillie against Chalmers.

After hearing Counsel in Part in the Cause, wherein Mrs. Helen Douglas and James Baillie of Olivebank Esquire, her Husband, for his Interest, are Appellants, and Mrs. Elizabeth Chalmers is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow, and that the Cause which stands for To-morrow be put off to Friday next, and that the rest of the Causes on Cause Days be removed in Course.

Tunstead, &c. Poor Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor within the Hundreds of Tunstead and Happing, in the County of Norfolk."

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 Mr. Pepys and Mr. Thomson:

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

Agnew's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for empowering the Judges of the Court of Session in Scotland, to sell such Parts of the Estates of Barnbarroch and Sheuchan, lying in the County of Wigton and Stewartry of Kircudbright, belonging to Robert Agnew Esquire, as shall be sufficient for Payment of the Debts affecting either of those Estates, and for vesting the Remainder, in Fee-tail, to the same Heirs, and under the same Limitations as are mentioned in the Deed of Entail thereof, bearing Date the Twenty-ninth Day of December One thousand Seven hundred and fifty-seven."

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.

Pickering Enclosure Bill, King's Consent signified.

The Earl of Clarendon acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing certain Commons and Waste Lands within the Townships of Pickering and Newton, in the North Riding of the County of York," was pleased to consent, (as far as His Majesty's Interest is concerned,) That their Lordships may proceed therein as they shall think fit."

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Commons and Waste Lands, within the Townships of Pickering and Newton, in the North 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 To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Kinnerley Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields and Waste Lands within the Manors of Kinnerley and Melverley, 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 the same Day at the same Place; and to adjourn as they please.

Corn Distillery (Scotland) Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing so much of an Act made in the last Session of Parliament, as relates to the Distillation of Corn Spirits in small Stills, in certain Counties or Districts of the Highlands in that Part of Great Britain called Scotland; and for authorizing the Commissioners of Excise in Scotland, to grant Licences to Persons living in the said Counties or Districts, to distil Spirits from Barley, Bear, or Big, the Growth of the said Counties, and for imposing a Duty on such Licences."

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

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Walwyn's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of James Walwyn Esquire, in the County of Hereford, in the said James Walwyn in Fee-Simple, and for settling other Estates of the said James Walwyn, in the said County, of greater Value, in Lieu thereof."

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 the 18th Day of this instant May, at the usual Time and Place; and to adjourn as they please.

Land Tax Commissioners' Bill.

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

With a Bill, intituled, "An Act for appointing Commissioners to put in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty by a Land Tax to be raised in Great Britain, for the Service of the Year One thousand Seven hundred and eighty-five;" together with those named in Three former Acts for appointing Commissioners of the Land Tax, and with those named in the Land Tax Act of the Twenty-third Year of His Majesty's Reign, and in the Land Tax Act of this Session of Parliament;" to which they desire the Concurrence of this House.

Rugby Road Bill.

A Message was brought from the House of Commons, by Sir George Shuckburgh and others:

With a Bill, intituled, "An Act for repairing and widening the Roads leading from the Gibbet or Lutterworth Hand on the Watling Street Road through the Parishes of Churchover, Brownsover, Newboldupon-Avon, Rugby, and Bilton, in the County of Warwick, to the Turnpike Road between Dunchurch and Hillmorton in the said County, at or near a public House known by the Sign of the Cock, in the said said Parish of Bilton;" to which they desire the Concurrence of this House.

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

Campbell against Walsh et al.

A Petition of Walter Campbell Esquire, Appellant in a Cause depending in this House, to which John Walsh Esquire and others are Respondents, was presented and read, setting forth, "That this Cause, by others being postponed, now stands for Hearing in Course upon Friday next; That the Petitioner's Case is at the Press; but being very long it cannot be ready, and his Counsel prepared to argue it on Friday. On Thursday the Cases will be delivered to their Lordships; and the Petitioner only prays that their Lordships will be pleased to delay the Hearing of this Cause till Monday next, or any other Day of the ensuing Week that their Lordships think proper."

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

And being withdrawn:

Ordered, That the said Petition be rejected.

Morgan against Jones et al.

Upon reading the Petition of Charles Morgan Esquire, Appellant in a Cause depending in this House, and of William Jones Esquire and Elizabeth his Wife, and others, Respondents thereto, et è contra, setting forth, That several Causes which stood for Hearing before this Cause, have been withdrawn or adjourned within these few Days, by which Means this Cause has been brought forward for Hearing earlier than the Petitioners apprehended it would: That the Petitioners' Cases are prepared and settled, and are now printing; but being very voluminous the same will not be ready to be exchanged and delivered by the Time limited by their Lordships' Order;" and therefore praying, "That their Lordships will be pleased to adjourn the Hearing of this Cause till the First Cause Day after the approaching Recess at Whitsuntide, or to such other Cause Day as to their Lordships shall seem proper:"

It is Ordered, That the said Petition do lie on the Table.

Borrett et Ux. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Thomas Borrett of Shoreham in the County of Kent Esquire, and Martha his Wife, 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 certain real Estates belonging to Thomas Borrett Esquire and Martha his Wife, situate in the Counties of Bedford and Surrey, and comprised in Settlements made upon and after their Marriage, in Trustees, to be sold for the Purposes in the Act mentioned; and for vesting other Parts of their settled Estates, situate in the County of Kent, for the separate Use of the said Martha Borrett, and to other Uses, the same as in the former Settlements thereof."

Edinburgh Communication Bill.

The Earl of Doncaster reported from the Lords Committees, to whom the Bill, intituled, "An Act for opening an easy and commodious Communication from, the High Street of Edinburgh to the Country Southward, and also from the Lawn Market to the new extended Royalty on the North; and for enabling Trustees to purchase Lands, Houses, and Areas for that Purpose, for widening and enlarging the Streets of the said City, and certain Avenues leading to the same; for rebuilding or improving the University; for enlarging the public Markets and Communications thereto; for regulating certain Taxes; for lighting the said City; for providing an additional Supply of Water; for extending the Royalty of the said City; and for levying an additional Sum of Money for Statute Labour in the Middle District of the County of Edinburgh," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were sound 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."

Melton Mowbray Roads Bill.

The Earl of Doncaster made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Fourth Year of His present Majesty's Reign, for repairing and widening the Road from Melton Mowbray in the County of Leicester, to the Guide Post in Saint Margaret's Field Leicester, and from the Town of Leicester to the Town of Lutterworth in the said County, and other Roads therein mentioned," was committed.

Ipswich Road Bill.

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

With a Bill, intituled, "An Act for amending and keeping in Repair the Road leading from Ipswich to South Town, and from the said Road at Beech Lane in the Parish of Darsham, to Bungay in the County of Suffolk;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ld. Milton's Estate Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting a Cottage or Tenement, used as and for a School House, and other Hereditaments in or near the Town of Milton in the County of Dorset, in Joseph Lord Milton and his Heirs, in Lieu of or in Compensation for a Messuage or Tenement and Garden situate and being in the Town of Blandford Forum, of greater Value," 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quartum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 4^o Maii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Douglas and Baillie against Chalmers.

After hearing Counsel further in the Cause, wherein Mrs. Helen Douglas and James Baillie of Olivebank Esquire, her Husband, for his Interest, are Appellants, and Mrs. Elizabeth Chalmers is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Friday next; and that the Cause which stands for Friday next be put off to Monday next; and that the rest of the Causes on Cause Days be removed in Course.

Donnington Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Open Common Fields, Meadows, Pastures, Ings, and other Commonable Lands and Waste Grounds within the Parish of Donnington upon Baine, in the County of Lincoln;" to which they desire the Concurrence of this House.

Surrey Roads Bill.

A Message was brought from the House of Commons, by Sir Joseph Mawbey and others:

With a Bill, intituled, "An Act for more effectually repairing the Roads leading from the Stones End in Blackman Street in the Borough of Southwark, in the County of Surrey, to Highgate in the County of Sussex, and to Sutton and Kingston, and from Vauxhall Bridge through Stockwell to Brixton Causeway, and from Newington to the East End of Peckham Lane, and from Camberwell Green to the Fox under the Hill, in the County of Surrey; and for repealing so much of several Acts now in Force as relates to the said Roads; and for repairing the Road from Highgate aforesaid to Witchcross in the County of Sussex;" to which they desire the Concurrence of this House.

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

Ld. Milton's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting a Cottage or Tenement used as and for a School-House, and other Hereditaments in or near the Town of Milton in the County of Dorset, in Joseph Lord Milton and his Heirs, in Lieu of or in Compensation for a Messuage or Tenement and Garden, situate and being in the Town of Blandford Forum, of greater Value."

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

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Pepys and Mr. Thomson:

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

Melton Mowbray Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Fourth Year of His present Majesty's Reign, for repairing and widening the Roads from Melton Mowbray in the County of Leicester, to the Guide Post in Saint Margaret's Field, Leicester, and from the Town of Leicester to the Town of Lutterworth in the said County, and other Roads therein mentioned."

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

It was resolved in the Affirmative.

Edinburgh Communication Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for opening an easy and commodious Communication from the High Street of Edinburgh to the Country Southward, and also from the Lawn Market to the new extended Royalty on the North, and for enabling Trustees to purchase Lands, Houses and Areas for that Purpose; for widening and enlarging the Streets of the said City, and certain Avenues leading to the same; for rebuilding or improving the University; for enlarging the Public Markets and Communications thereto; for regulating certain Taxes; for lighting the said City; for providing an additional Supply of Water; for extending the Royalty of the said City; and for levying an additional Sum of Money for Statute Labour in the Middle District of the County of Edinburgh."

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.

And Messages were, severally, sent to the House of Commons, by the former Messengers:

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

Ipswich Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending and keeping in repair the Road leading from Ipswich to South Town, and from the said Road at Beech Lane in the Parish of Darsham to Bungay in the County of Suffolk."

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

Their Lordships, or any Five of them, to meet on Friday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Land Tax Commissioners Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for appointing Commissioners to put in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty by a Land Tax to be raised in Great Britain, for the Service of the Year One thousand seven hundred and eighty-five;" together with those named in Three former Acts for appointing Commissioners of the Land Tax, and with those named in the Land Tax Act of the Twenty-third Year of His Majesty's Reign, and in the Land Tax Act of this Session of Parliament."

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

Ordered, That the House be put into a Committee upon the said Bill on Friday next.

Pagan against Campbell:

Upon reading the Petition and Appeal of William Pagan, Tenant in Kyle, complaining of Three Interlocu- tors of the Lords of Session in Scotland, of the 18th of February and 17th of December 1783, and 3d of March 1784; also of Four Interlocutors of the Lord Ordinary there, of the 13th and 30th of July and 25th of November and 10th of December 1784; also of another Interlocutor of the said Lords of Session, of the 18th of January 1785; and also of an Interlocutor of the Lord Ordinary officiating on the Bills, of the 25th of April 1785; 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 Margaret Campbell of Kinganclough, Widow of David M^cGill, may be required to answer the said Appeal:"

It is Ordered, That the said Margaret Campbell otherwise M^cGill may have a Copy of the said Appeal, and do put in her Answer thereunto in Writing on or before Wednesday the 1st Day of June next; and Service of this Order upon the said Respondent, or upon her Counsel or Agent in the Court of Session in Scotland, shall be deemed good Service.

Martin to enter into Recognizance on said Appeal.

The House being moved, "That John Martin of Lyon's Inn, in the County of Middlesex Gentleman, may be permitted to enter into a Recognizance for William Pagan on Account of his Appeal depending in this House, he living in Scotland:"

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

Corn Distillery (Scotland) Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repealing so much of an Act made in the last Session of Parliament as relates to the Distillation of Corn Spirits in small Stills, in certain Counties or Districts of the Highlands, in that Part of Great Britain called Scotland; and for authorizing the Commissioners of Excise in Scotland to grant Licences to Persons living in the said Counties or Districts to distil Spirits from Barley, Bear or Big, the Growth of the said Counties, and for imposing a Duty on such Licences."

After some Time, the House was resumed:

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

Clarke and Byrne against Allen:

Upon reading the Petition of John Allen, Defendant in a Writ of Error depending in this House, wherein John Clarke and Peter Byrne are Plaintiffs, setting forth, That the Plaintiffs have not assigned Errors within the Time limited by their Lordships' standing Order; and therefore praying, that the said Writ of Error may be Non-pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Nonpros'd with Costs.

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

Inglis's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Inglis Esquire with Ann Stewart his now Wife, and to enable him to marry again, and for other Purposes therein mentioned;" which stands appointed for Tomorrow be put off to Thursday the 12th Day of this instant May, and the Lords summoned; and that the several Witnesses who were ordered to attend To-morrow do then attend.

Rugby Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads leading from the Gibbett or Lutterworth Hand, on the Watling Street Road, through the Parishes of Churchover, Brownsover, Newbold upon Avon, Rugby, and Bilton, in the County of Warwick, to the Turnpike Road between Dunchurch and Hillmorton in the said County, at or near a Public House known by the Sign of the Cock, in the said Parish of Bilton."

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.

Hanmer's Bill.

The Lord Chedworth reported from the Lords Committees, to whom the Bill, intituled, "An Act to effectuate a Partition of the Estates of Job Hanmer Esquire, the Reverend Erasmus Warren Clerk, and Sir Thomas Charles Bunbury Baronet, in the Counties of Suffolk and Essex," 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.

Kinnerley Enclosure Bill.

The Earl of Shastesbury made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and inclosing the Common Fields and Waste Lands within the Manors of Kinnerley and Melverley, in the County of Salop," was committed.

Pickering Enclosure Bill.

The Earl of Shaftesbury also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing certain Commons and Waste Lands within the Townships of Pickering and Newton, 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 made some Amendments thereto."

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

Pr. 6. L. 40. After ("mentioned") insert ("and that none of the Commons and Waste Lands to be divided and enclosed by Virtue of this Act shall be deemed or considered to be barren Lands, within the Meaning of an Act of Parliament of the Second and Third Years of King Edward the Sixth, intituled, An Act for Payment of Tythes")

Pr. 47. L. 17 & 18. After ("Successors") insert ("the Dean of York and his Lessee for the Time being, the Dean and Canons of Windsor, and their Lessees for the Time being, the Vicar of the Parish of Pickering aforesaid, and his Successors")

L. 32. After ("Tythes") insert ("Moduses Tythe Rents")

L. 37. After ("Tythes") insert ("Moduses Tythe Rents")

Pr. 51. L. 42. In the Ryder Clause (C) Line 13. after ("York") insert ("within Six Months after the Execution of the Award of the said special Commissioners")

L. 25. In the same Clause, leave out from ("Agreement") to ("shall") in Line 28."

And the said Amendments, being read a Second Time, were agreed to by the House.

Penryn Road Bill.

The Earl of Shastesbury also reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act made in the Third Year of the Reign of His present Majesty, for amending and widening the Roads leading from New Street and Pig Street in Penryn, in the County of Cornwall, to Redruth in the same County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, sextum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 6^o Maii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Young against Brown and Co.

The Answer of Messieurs Brown and Company, Merchants in Glásgow, to the Appeal of Alexander Young, was this Day brought in.

Douglas and Baillieagainst Chalmers:

After hearing Counsel as well on Tuesday and Wednesday last, as this Day, upon the Petition and Appeal of Mrs. Helen Douglas and James Baillie of Olivebank Esquire her Husband, for his Interest; complaining of Two Interlocutors of the Commissaries in Scotland of the 7th and 23d of July 1783; also of an Interlocutor of the Lord Ordinary there of the 9th of August 1783; also of another Interlocutor of the said Commissaries of the 7th of June 1784; also of another Interlocutor of the said Lord Ordinary of the 30th of July 1784; also of an Interlocutor of the Lords of Session there of the 25th of February 1785; also of another Interlocutor of the said Lord Ordinary of the 9th of March 1785; and also of another Interlocutor of the said Lords of Session of the 10th of March 1785; and praying, "That the same might be reversed, varied, 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 meet;" as also upon the Answer of Mrs. Elizabeth Chalmers Relict of Archibald Scott Surgeon in Musselburgh, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors 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 Interlocutors therein complained of be and the same are hereby affirmed.

Bishops Castle Roads Bill.

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

With a Bill, intituled, "An Act for continuing the Term and altering and enlarging the Powers of an Act made in the Eighth Year of His present Majesty, for amending and widening several Roads leading from the Town of Bishop's Castle, and from Montgomery to the Turnpike Road at Westbury, and from Brockton to the Turnpike Road at Minsterly in the several Counties of Salop, Radnor, and Montgomery; and for amending, widening, and keeping in Repair several other Roads in the Counties of Salop and Montgomery;" to which they desire the Concurrence of this House.

Osgathorpe Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting and enclosing the Open and Common Fields, and Common or Waste Land within the Lordship or Liberty of Osgathorpe in the County of Leicester:" to which they desire the Concurrence of this House.

Upper Clatford Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Waste Lands, and other Commonable Places within the Parish of Upper Clatford, in the County of Southampton;" to which they desire the Concurrence of this House.

Yarmouth, &c. Bridge Bill.

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

With a Bill, intituled, "An Act for building a New Bridge over the Haven of Great Yarmouth, and for enlarging the Term, and altering some of the Powers of an Act of the Twelfth Year of His present Majesty, for clearing, depthening, repairing, maintaining, and improving the Haven and Piers of Great Yarmouth, and for depthening and making more navigable the several Rivers, emptying themselves into the said Haven, and for preserving Ships wintering therein, from Accidents by Fire;" to which they desire the Concurrence of this House.

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

Blachford's Bill.

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

To return the Bill, intituled, "An Act for establishing and confirming an Agreement, between the Warden and Scholars, Clerks of Saint Mary College of Winchester, near Winchester in the County of Southampton, and their Lessee and Robert Pope Blachford Esquire, for Exchange of certain Grounds in the Parish of Whippingham, in the Isle of Wight and County of Southampton aforesaid;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Wimborne Minster Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields, Common Crofts, and Common Meadows; and for draining and improving certain Common Moors, within the Parish of Wimborne Minster, in the County of Dorset;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ld. King's Estate Bill.

A Message was brought from the House of Commons, by Sir Joseph Mawby and others:

To return the Bill, intituled, "An Act for vesting in Trust, for Peter Lord King and his Heirs, the Inheritance in Fee-Simple of a Messuage or Dwelling House in Dover Street, in the County of Middlesex; devised and limited by the Will of Thomas Lord King deceased, and for settling a Farm, Lands, and Hereditaments in the County of Surrey in Lieu thereof, to the Uses limited by the same Will;" and to acquaint this House, That they have agreed to the same without any Amendment.

Rugby Roads Bill.

The Lord Scarsdale, reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Roads leading from the Gibbet, or Lutterworth Hand on the Watling Street Road, through the Parishes of Churchover, Brownsover, Newbold-upon-Avon, Rugby, and Bilton in the County of Warwick, to the Turnpike Road between Dunchurch, and Hillmorton in the said County, at or near a public House known by the Sign of the Cock, in the said Parish of Bilton," 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."

Ipswich Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill intituled, "An Act for amending and keeping in Repair, the Road leading from Ipswich to South Town, and from the said Road at Beech Lane in the Parish of Darsham, to Bungay in the County of Suffolk," was committed.

Bridgeman to take the Name of Simpson, Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enable John Simpson (lately called John Bridgeman) Esquire, and the Heirs Male of his Body, to take and use the Surname of Simpson, pursuant to the Will of William Simpson Esquire deceased, and also to bear the Arms belonging to the Family of Simpson" was committed.

Sir J. Shelly's Estate Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting Part of the settled Estates, and such of the Estates of the Right Honourable Sir John Shelley Baronet deceased, which upon his Death descended to his Son Sir John Shelley Baronet, an Infant as his Heir at Law, in Trustees, for the Purposes within 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 directed him to report the same to the House without any Amendment."

Ordered, That the said Bill be engrossed.

Osborne's Bill.

The Lord Chedworth reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Elizabeth Osborne, William Symonds, Thomas Symonds Powell, and John Moore Green, their Heirs or Assigns, to convey certain Lands and Hereditaments in the Parish of Clehonger, in the County of Hereford and which are now subject to the Trusts of the Will of the late John Smith Esquire, in Exchange for other Lands in the same County of greater Value, to be conveyed to and held by them respectively, upon the Trusts of the said Will of the said John Smith," 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."

Ordered, That the said Bill be re-committed to the same Committee; and that they do meet to consider the same on Monday next.

Pickering Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, and enclosing certain Commons and Waste Lands, within the Townships of Pickering and Newton, in the North Riding of the County of York."

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Pepys and Mr. Thomson:

To return the said Bill, and acquaint them, That the Lords have agreed to the same with some Amendments, to which their Lordships desire their Concurrence.

Hanmer's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to effectuate a Partition of the Estates of Job Hanmer Esquire, the Reverend Erasmus Warren Clerk, and Sir Thomas Charles Bunbury Baronet, in the Counties of Suffolk and Essex."

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.

Corn Distillery (Scotland) Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing so much of an Act made in the last Session of Parliament, as relates to the Distillation of Corn Spirits in small Stills in certain Counties or Districts of the Highlands in that Part of Great Britain called Scotland, and for authorizing the Commissioners of Excise in Scotland to grant Licences to Persons living in the said Counties or Districts to distil Spirits from Barley, Bear or Big, the Growth of the said Counties, and for imposing a Duty on such Licences."

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

It was resolved in the Affirmative.

Penryn Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act made in the Third Year of the Reign of His present Majesty, for amending and widening the Roads leading from New Street and Pig Street in Penryn in the County of Cornwall, to Redruth in the same County."

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

It was resolved in the Affirmative.

Kinnerley &c. Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields and Waste Lands within the Manors of Kinnerley and Melverley in the County of Salop."

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 Three preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers:

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

Donnington Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open Common Fields, Meadows, Pastures, Ings, and other Commonable Lands and Waste Grounds within the Parish of Donnington-upon-Baine 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 o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please;

Land Tax Commissioners Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for apointing Commissioners to put in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty by a Land Tax to be raised in Great Britain for the Service of the year One thousand Seven hundred and eighty-five;" together with those named in three former Acts for appointing Commissioners of the Land Tax; and with those named in the Land Tax Act of the Twenty-third Year of His Majesty's Reign, and in the Land Tax Act of this Session of Parliament."

After some Time, the House was resumed:

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

Bp. Bangor et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Reverend John Lord Bishop of Bangor 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 vesting certain Messuages, Lands, and Hereditaments in the Parish of Landegay in the County of Carnarvon, belonging to the Trustees of the Free School of Beaumaris, in the Right Honourable Richard Lord Penrhyn and his Heirs upon certain Terms and Conditions therein mentioned."

Tod against M^cPherson:

Upon reading the Petition of William Tod, Appellant in a Cause depending in this House, to which Marjory M^cPherson and another are Respondents, which stands appointed for Hearing, setting forth, "That the Petitioner presented his Appeal to their Lordships some Time since from certain Interlocutors of the Court of Session in Scotland, but is now advised to withdraw his said Appeal;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Appeal upon Payment of Twenty Pounds Costs to the Respondents, the Agents of the said Respondents having signed the said Petition as consenting thereto:"

Appeal withdrawn with Costs.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal as desired, upon Payment of Twenty Pounds Costs to the Respondents.

Young against Brown and Co.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Alexander Young is Appellant, and Messieurs Brown and Company Merchants in Glasgow 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.

Atkinson against the King in Error.

Upon reading the Petition of Christopher Atkinson Esquire, Plaintiff in a Writ of Error depending in this House, wherein The King is Defendant, setting forth, That a Bill of Indictment having been preferred and found against the Petitioner for Perjury, at the Session House for the County of Middlesex, the same was moved by Certiorari into His Majesty's Court of King's Bench, in which Court the Petitioner has been convicted and Judgement pronounced against him: That the Petitioner has brought a Writ of Error upon the said Judgement, in the High Court of Parliament, and has assigned Errors there, and amongst other Errors has assigned the following, that is to say, That the Proceedings upon the said Indictment, had in the Court of King's Bench, were grounded upon the King's Writ of Certiorari, and the Record of a Caption of a certain Original Indictment, together with the said Indictment itself annexed to the said Writ of Certiorari, and removed and returned by Virtue there of into the said Court of King's Bench in Easter Term in the 23d Year of the Reign of the present King, which said Indictment so removed and returned as aforesaid, was and is according to the Tenor, set forth in the Record and Proceedings now brought before the said Lord the King, and the Peers of this Realm, in this present Parliament, but the said Record of the Caption of the said Indictment, annexed to the said Writ of Certiorari, and so removed and returned as aforesaid, was in the Words set forth in the said Assignment, and not otherwise nor in any other Manner or Form, (that is to say) in certain Words purporting that the said Indictment was presented and taken before certain Justices of the Peace for the County of Middlesex, and that the said Caption of the said Indictment, so removed and returned into the said Court of King's Bench, in the said Easter Term, in the 23d Year aforesaid, remained undiminished, unamended, and unaltered, during the whole of the said Term, in which it was so removed and returned as aforesaid, and thenceforth until Trinity Term in the 24th Year of the Reign of our said Lord the present King, when by a Rule of the said Court of King's Bench, made on Friday next, after the Morrow of the Holy Trinity in that Term, the said original Record of the said Caption, so removed and returned into the same Court with the said Indictment, was altered, amended, and made according to the Tenor also set forth in the said Assignment of Errors, (that is to say) in certain Words purporting, that the said Indictment was presented and found before the Justices of Oyer and Terminer, for the said County of Middlesex, and also that by the said Rule of the said Court of King's Bench, the said Record brought into Parliament was altered and amended, to correspond and agree with the said Record of the said Caption, as altered and amended as aforesaid: The Petitioner has also assigned for Error, that the Writ of Certiorari whereby the said Indictment in the Record and Proceedings aforesaid mentioned, is supposed to be removed into the Court of King's Bench, was directed to His Majesty's Justices of Oyer and Terminer, in and for the said County of Middlesex, and whereby the said Lord the King commanded them and every of them, that they or some of them, should send under their Seals, or the Seal of one of them, before the said Lord the King, in Fifteen Days from the Feast Day of Easter, wheresoever the said Lord the King should then be in England, all and singular Indictments of whatsoever Trespasses, Contempts, and Perjuries, whereof the said Christopher Atkinson was indicted before them, with all Things touching the same, yet the said Indictment was not sent or returned into the said Court of King's Bench, under the Seals or the Seal of the said Justices, or any one or more of them, as the said Writ commanded: The Petitioner has also assigned for Error, that by the Letters Patent in the said Record named, the Justices of Oyer and Terminer therein named, or any Four or more of them, are authorized by the Oath of good and lawful Men of the said County, to inquire into, hear and determine Offences as therein mentioned, and the Sheriff of the said County of Middlesex, is thereby at such certain Days and Places as the said Persons named in the said Letters Patent, or any Four or more of them, should make known to him required, to cause to come before them, or Four or more of them, so many and such good and lawful Men of the County aforesaid, to enquire into the said Offences; and that the said Persons by whose Oath the said Indictment is supposed to have been presented, at the Session of Oyer and Terminer as aforesaid, were Persons returned at the same Session by the Sheriff of the said County of Middlesex, to enquire as aforesaid by Virtue of a Precept to him for that Purpose, issued by Three of the said Justices of Oyer and Terminer, named in the said Letters Patent only, that is to say, by William Mainwaring, Thomas Cogan, and Henry Lambe Esquires, three of the said Justices, and none other of the said Justices: The Petitioner has also assigned for Error, that no such Writ of Venire Facias to try whether the Petitioner was guilty of the Premises in the same Record mentioned, was filed of Record in the said Count of King's Bench as by that Record is supposed: The Petitioner has also assigned for Error, that no such Writ to distrain the Bodies of the Jurors, to try whether the Petitioner was guilty of the Premises in the same Record mentioned, was filed of Record in the said Court of King's Bench, as by that Record is supposed, and the Petitioner has in his said Assignment of Errors, prayed a Writ of Certiorari to be directed to the Chief Justice of His Majesty's Court of King's Bench, to certify the said Writ of Certiorari, by which the said Indictment was removed into His said Majesty's Court of King's Bench, and the return thereof, as also the Original Record of the Caption of the said Indictment, as fully and entirely as it was removed and returned, together with the said Indictment by Virtue of the said Writ into the said Court of King's Bench, and as the same remained unaltered, unamended, and undiminished, during the Term in which it was so removed and returned; and also the Rule of the said Court of King's Bench, whereby any Amendment or Alteration was made in the said Original Record of the said Caption, or in the Record now brought before the said Lord the King and the Peers of this Realm in this present Parliament, together with such Amendments, and also to certify if any such Writs of Venire Facias and Distringas Corpora Juratorum, are affiled of Record in the said Court of King's Bench, as by the Record aforesaid is supposed: He hath also prayed the King's Writ of Certiorari to be directed to His Majesty's Justices of Oyer and Terminer, in and for the County of Middlesex, commanding them or one of them to certify the said Letters Patent and the said Precept, to the Sheriff of the said County of Middlesex directed for returning the said Jury who presented the said Bill of lndictment, together with the Names of the Justices of Oyer and Terminer, who issued the same and the Return of the said Precept, as by the said Assignment of Errors remaining of Record in the High Court of Parliament appears: That the Petitioner has applied to the proper Officer to enter an Award of the Writs of Certiorari, according to the Prayer of the said Assignment of Errors, which the said Officer has refused to do without the Direction of their Lordships;" the Petitioner therefore humbly submits to their Lordships, " That the said Officer ought to issue the said Writ according to the Prayer of the said Assignment of Errors, to the Intent that the Petitioner may in the usual Course verify and perfect the said Assignment of Errors, and called upon His Majesty's Attorney General to demur or rejoin to the said Errors, in order that the same may be brought to solemn Argument and Decision in the High Court of Parliament: The Petitioner also humbly submits to their Lordships, that the granting of Writs of Certiorari to verify Assignments of Error, such as the Petitioner prays for, (and which in general for the Reasons hereafter mentioned, are issued as Matters of Course,) is not in Law considered as deciding or adjudging in any Degree, whether the Errors assigned are such as by Law are assignable, or if they be, whether they are good and sufficient in Law, those being Ouestions (as the Petitioner humbly submits,) properly determinable at the Hearing of the Cause, and that such Writs of Certiorari as now prayed for, are instituted merely for the Purpose of bringing before their Lordships such Records, Documents, and Information, as are necessary to the Decision of those Questions at the Hearing of the Cause: The Petitioner considing in the Justice and Wisdom of their Lordships, humbly hopes that their Lordships will grant him the usual and necessary Means of bringing his Case before their Lordships, to the End that the same may receive a solemn and final Decision in Parliament;" and therefore praying, " That their Lordships will be pleased to order the said Officer to enter an Award of the said Writs of Certiorari, according to the Prayer of the said Assignment of Errors :"

It is Ordered, That the Petitioner be heard by his Counsel upon the Merits of the said Petition on Monday next; and that Notice thereof be given to His Majesty's Attorney General.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, nonum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 9^o Maii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Atkinson against the King, in Error.

The Order of the Day being read for Hearing Counsel upon, the Petition of Christopher Atkinson Esquire, Plaintiff in a Writ of Error depending in this House wherein The King is Defendant, praying, for the Reasons assigned in the said Petition, "That their Lordships would be pleased to order the proper Officer, (who has refused) to enter an Award of the Writs of Certiorari, according to the Prayer of the Assignment of Errors :"

Counsel were accordingly called in.

And the Counsel desiring further Time may be allowed to prepare themselves to argue the Merits of the said Petition:

The Counsel were directed to withdraw.

Ordered, That the Petitioner be heard by his Counsel upon the Merits of the said Petition on Friday next; and that Notice thereof be given to His Majesty's Attorney General.

Ramsgate, Paving, &c. Bill.

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

With a Bill, intituled, " An Act for better paving, cleansing, repairing, lighting and watching the Highways, Streets and Lanes of, and in the Vill of Ramsgate in the County of Kent; and for removing and preventing Annoyances therein ; and for erecting a Market House and holding a Public Market in the said Vill;" to which they desire the Concurrence of of this House.

The said Bill was read the First Time.

Pickering, &c. Enclosure Bill.

A Message was brought from the House of Commons, by Sir George Howard and others:

To return the Bill, intituled, "An Act for dividing and enclosing certain Commons and Waste Lands within the Townships of Pickering and Newton in the North Riding of the County of York ;" and to acquaint this House, That they have agreed to their Lordships' Amendments made thereto.

Forton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Commons, Waste Grounds, and Moss within the Hamlet or Township of Forton in the County of Lancaster;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir J. Shelley's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates and such of the Estates of the Right Honourable Sir John Shelley Baronet, deceased, which upon his Death descended to his Son Sir John Shelley Baronet, an Infant as his Heir at Law, in Trustees, for the Purposes within 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 Mr. Holford and Mr. Anguish:

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

Rugby Road Bill:

Hodie 3^a vice lecta est Billa, intituled, " An Act for repairing and widening the Roads leading from the Gibbet or Lutterworth Hand on the Watling Street Road through the Parishes of Churchover, Brownsover, Newbold-upon-Avon, Rugby, and Bilton in the County of Warwick, to the Turnpike Road between Dunchurch and Hillmorton in the said County, at or near a Public House known by the Sign of the Cock, in the said Parish of Bilton."

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

It was resolved in the Affirmative.

Ipswich Road Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending and keeping in Repair the Road leading from Ipswich to South Town, and from the said Road at Beech Lane in the Parish of Darsham to Bungay in the County of Suffolk."

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

It was resolved in the Affirmative.

Bridgeman to take the name of Simpson, Bill:

Hodie 3^a vice lecta est Billa, intituled, " An Act to enable John Simpson, (lately called John Bridgeman) Esquire, and the Heirs Male of his Body, to take and use the Surname of Simpson, pursuant to the Will of William Simpson Esquire, deceased, and also to bear the Arms belonging to the Family of Simpson."

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

It was resolved in the Affirmative.

Land Tax Commissioners Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for appointing Commissioners to put in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty by a Land Tax to be, raised in Great Britain for the Service of the Year One thousand Seven hundred and eighty-five; together with those named in Three former Acts for appointing Commissioners of the Land Tax, and with those named in the Land Tax Act of the Twenty-third Year of His Majesty's Reign, and in the Land Tax Act of this Session of Parliament."

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 Four preceding Bill.

And Messages were, severally, sent to the House of Commons, by the former Messengers :

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

Wimborne Minster Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing the Open and Common Fields, Common Crofts and Common Meadows, and for draining and improving certain Common Moors within the Parish of Wimborne Minster in the County of Dorset."

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 o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Upper Clatford Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Waste Lands, and other Commonable Places within the Parish of Upper Clatford in the County of Southampton."

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 same Day, at the same Place; and to adjourn as they please.

Yarmouth Bridge, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for building a New Bridge over the Haven of Great Yarmouth, and for enlarging the Term and altering some of the Powers of an Act of the Twelfth Year of His present Majesty for clearing, depthening, rerepairing, maintaining, and improving the Haven and Piers of Great Yarmouth, and for depthening and making more navigable the several Rivers emptying themselves into the said Haven; and for preserving Ships wintering therein from Accidents by Fire."

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.

Bp. Bangor's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Messuages, Lands, and Hereditaments, in the Parish of Llandegay in the County of Carnarvon, belonging to the Trustees of the Free School of Beaumaris, in the Right Honourable Richard Lord Penrhyn and his Heirs, upon certain Terms and Conditions 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 24th Day of this instant May, at the usual Time and Place; and to adjourn as they please.

Bishop's Castle Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Term and altering and enlarging the Powers of an Act made in the Eighth Year of His present Majesty, for amending and widening several Roads leading from the Town of Bishop's Castle, and from Montgomery to the Turnpike Road at Westbury, and from Brockton to the Turnpike Road at Minsterley, in the several Counties of Salop, Radnor, and Montgomery; and for amending, widening, and keeping in repair several other Roads in the Counties of Salop and Montgomery."

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.

Surrey Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Roads leading from the Stones End in Blackman Street in the Borough of Southwark, in the County of Surrey, to Highgate in the County of Sussex, and to Sutton and Kingston, and from Vauxhall Bridge through Stockwell to Brixton Causeway, and from Newington to the East End of Peckham Lane, and from Camberwell Green to the Fox under the Hill in the County of Surrey; and for repealing so much of several Acts now in Force as relates to the said Roads; and for repairing the Road from Highgate aforesaid to Witchcross in the County of Sussex."

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.

Osgathorpe Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing the Open and Common Fields and Common or Waste Land, within the Lordship or Liberty of Osgathorpe, in the County of Leicester."

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.

Dunn against Young:

Upon reading the Petition of James Dunn, Appellant in a Cause depending in this House, to which John Young is Respondent, which stands appointed for Hearing, setting forth, "That the Matter in Dispute between the Parties being compromised, the Appellant is desirous of withdrawing his Appeal;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Appeal, the Agent for the said Respondent having signed the said Petition as consenting thereto:"

Appeal with drawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired.

Campbell against Walsh et al.

Ordered, That the Hearing of the Cause, wherein Walter Campbell of Shawfield Esquire is Appellant, and John Walsh and others, Creditors of the York Buildings Company, are Respondents, which stands appointed for this Day, be put off till To-morrow.

Holbrooke 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 the Commons, Open Common Fields, Common Meadows, Commonable Lands and Waste Grounds within the Liberty of Holbrooke in the Parish of Duffield, in the County of Derby ;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 10^o Maii 1785.

Domini tam Spirituals quam Temporales præsentes fuerunt:

PRAYERS.

Campbell against Walsh et al.

After hearing Counsel in Part in the Cause, wherein Walter Campbell of Shawfield Esquire is Appellant, and John Walsh and others, Creditors of the York Buildings Company, are Respondents:

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

Ramsgate Paving, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for better paving, cleansing, repairing, lighting, and watching the Highways, Streets, and Lanes of and in the Vill of Ramsgate in the County of Kent, and for removing and preventing Annoyances therein, and for erecting a Market-House and holding a Public Market in the said Vill."

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 o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Holbrooke Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons, Open Common Fields, Common Meadows, Commonable Lands, and Waste Grounds within the Liberty of Holbrooke in the Parish of Duffield, 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 on the same Day at the same Place ; and to adjourn as they please.

Clarke's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for vesting the undivided Moiety of the Freehold and Copyhold Estates, of William Clarke Esquire deceased, devised by his Will for the Benefit of his Daughter Mary Forbes, and her Issue, in Trustees, for the Purposes within mentioned," stands committed, be revived and meet on Thursday next.

Cotton Stuffs Bill.

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

With a Bill, intituled, "An Act to repeal so much of an Act, made in the last Session of Parliament, as imposes Duties on all Stuffs made of Cotton and Linen mixed, and Stuffs wholly made of Cotton Wool wove in Great Britain, not being printed, painted, or stained, and on Licences for bleaching or dyeing the same ;" to which they desire the Concurrence of this House.

Tobago Goods Importation Bill.

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

With a Bill, intituled, "An Act for allowing further Time for the Importation of Goods, the Produce or Manufacture of the Island of Tobago, upon Payment of the British Plantation Duties ;" to which they desire the Concurrence of this House.

Bideford Roads Bill.

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

With a Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act of the Fourth Year of His present Majesty, for repairing and widening several Roads leading from the Town of Bideford in the County of Devon ;" to which they desire the Concurrence of this House.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, undecimum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.