House of Lords Journal Volume 39: April 1791 20

April 1791 20

DIE Mercurii, 20 Aprilis 1791.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Hillsborough takes the Oaths.

This Day Wills Earl of Hillsborough, took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Laird against Robertson & Co:

After hearing Counsel as well on Monday last as this Day, upon the Petition and Appeal of John Laird, Merchant in Greenock, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 2d of June 1790, and also of an Interlocutor of the Lords of Session there of the 16th of November 1790, 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 proper;" as also upon the Answer of Archibald and James Robertson and Company, Insurance Brokers in Greenock, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed and Cause remitted.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be and the same are hereby reversed: and it is further Ordered, That the Cause be remitted back to the Court of Session in Scotland to pass the Bill of Suspension.

Martin against Tait:

This Day being appointed for hearing Counsel upon the Petition and Appeal of John Martin of Lyon's Inn, within the Liberty of Westminster in the County of Middlesex, Gentleman; complaining of two Interlocutors of the Lord Ordinary in Scotland, of the 5th of March and 13th of May 1790, and also of an Interlocutor of the Lords of Session there of the 25th of May 1790, and praying, "That the same might be reversed, varied, or amended, or that the Appellant might have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, should seem meet:"

The Counsel were accordingly called in.

And one Counsel only appearing for the Appellant, and none on the Part of the Respondent, the said Counsel for the Appellant was heard to state and argue the Case on his Behalf, and having prayed a Reversal of the Interlocutors complained of:

He was ordered to withdraw.

And due Consideration being had of what was offered:

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.

Petition of Hustler and Peirse's Agent to receive Judges' Report.

A Petition of William Cardale of Grays Inn, in the County of Middlesex, Gentleman, Agent to Thomas Hustler and Richard William Peirse Esquires, was presented and read, setting forth, "That a Petition of the said Thomas Hustler and Richard William Peirse, praying Leave to bring in a private Bill for the Purposes therein mentioned, was presented to this House on the 7th of March last, and referred to two Judges; that the Petitioner, as Agent for the said Thomas Hustler and Richard William Peirse, attended the said Judges, and obtained their Report on the 25th of March last, as appears by the Date of the said Report, and the same hath hitherto remained in the Custody of the Petitioner, under the Mistake of the Petitioner in not conceiving that it was necessary for the said Report to be presented to this House on or before the 15th of this Instant April; the Petitioner supposing that it was only necessary for him to obtain the said Report from the Judges on or before the said Day, and to present the same with the Bill to the House in Season to be committed, when the Witnesses would be ready to prove the Allegations thereof, and that the Petitioner is but just informed of his Mistake; all which Circumstances the Petitioner is ready to prove at Their Lordships' Bar, if Their Lordships shall so please; that delaying of the said Bill till the next Session of Parliament would be very prejudicial to the Interests of the said Thomas Hustler and Richard William Peirse;" and therefore praying, "Their Lordships will be pleased to receive the said Report, though through the above Mistake of the Petitioner only, and not from any Fault of the Parties concerned in the Matter of the said Bill; the Time limited for received the same is elapsed."

And thereupon the Agent was called in and heard at the Bar, touching the Allegations contained in the said Petition:

And being withdrawn;

Ordered, That the said Report of the Judges be now received.

Leave for a Bill:

Accordingly, after reading and considering the Report of the Judges, to whom was referred the Petition of Thomas Hustler Esquire, and Richard William Peirse Esquire; praying Leave to bring in a private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming and rendering effectual a Partition and Division between Thomas Hustler Esquire and Richard William Peirse Esquire, of the Manor and Mansion House of Acklam, in the North Riding of the County of York, and of divers Messuages, Lands, Tenements, Tythes and Hereditaments, in the Parishes of Acklam and Middlesbrough, and in the Townships of Linthorpe and Airsome, in the said North Riding of the said County of York; and for settling and limiting the Entirety of the said Manor and Mansion House, and of the specific Messuages, Farms, Lands, and Hereditaments, which upon such Partition and Division were allotted to each of them, to the several Uses therein mentioned, and for other Purposes."

Flimwell Vent Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of certain Acts of the Second and Twenty-second Years of His present Majesty, for repairing and widening the Road from Flimwell Vent, in the County of Sussex, through Highgate, in the County of Kent, and the Parishes of Sandhurst, Newenden, and Northiam to Rye, in the said County of Sussex; and from Highgate aforesaid to Cooper's Corner, in the said County of Sussex; and for repairing and widening a Piece of Road communicating with one of the Roads comprised in the said Acts called Whitebread Lane."

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

Their Lordships, or any Five of them, to meet on Monday the 2d Day of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Macclesfield Road Bill.

A Message was brought from the House of Commons, by Sir Robert Cotton and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Ninth Year of the Reign of His present Majesty, for repairing and widening the Road from the Broken Cross in Macclesfield, in the County of Chester, over the Long Moss and Monks Heath, to the Turnpike Road in Nether Tabley, in the said County; and for turning and exchanging Part of the said Road;" to which they desire the Concurrence of this House.

Stourbridge Lighting Bill.

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

With a Bill, intituled, "An Act for lighting, cleansing, and watching the Streets, Lanes, and other public Passages and Places, within the Township of Stourbridge, in the Parish of Old Swinford, in the County of Worcester; and for removing and preventing Obstructions, Nuisances, and Annoyances therein;" to which they desire the Concurrence of this House.

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

Abp. York's Exchange Bill.

A Message was brought from the House of Commons' by Sir William Milner and others:

To return the Bill, intituled, "An Act for establishing and confirming a certain Exchange agreed upon between His Grace the Archbishop of York, and William Markham Esquire, of certain Lands and Hereditaments of the said Archbishop called Beckey Grange, in the Parish of Abberford, in the County of York, for certain Lands and Hereditaments of the said William Markham, situate at Langthorne and Crakehall, in the Parishes of Bedale and Hornby, or one of them in the said County;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Vinehall Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to repeal so much of an Act of the Eleventh Year of His present Majesty, for repairing and widening the Road from the Turnpike Road at Vinehall, in the Parish of Mountfield, in the County of Sussex, to Cripps's Corner, and from thence to Staple Cross, and to the Turnpike Road near the Windmill, in the Parish of Beckley, and from Staple Cross to Longley's Water Corn Mill at Kent Ditch, and from Cripps's Corner to the Town of Rye, in the said County, as relates to the said Roads from Staple Cross to the Turnpike Road near the said Windmill, and from Staple Cross to Longley's Water Corn Mill aforesaid, and for enlarging the Term and Powers of the said Act, so far as relates to the rest of the said Roads."

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

Their Lordships, or any Five of them, to meet on Monday the 2d Day of May next, at the usual Time and Place; and to adjourn as they please.

Manchester Canal Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and maintaining a Navigable Canal from Manchester, to or near Presto-lee Bridge, in the Township of Little Lever, and from thence by one Branch, to or near the Town of Bolton, and by another Branch to or near the Town of Bury, and to Weddell Brook, in the Parish of Bury, all in the County Palatine of Lancaster."

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

It was resolved in the Affirmative.

Brighton Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Tenth Year of the Reign of His present Majesty, for repairing and widening the Roads leading from Brighthelmston to the County Oak on Lovell Heath, in the County of Sussex."

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

It was resolved in the Affirmative.

Whitchurch Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enlarge the Term of an Act passed in the Tenth Year of the Reign of His present Majesty, for repairing and widening the Road from Whitchurch, in the County of Southampton, to the Turnpike Road at Aldermaston Great Bridge, in the County of Berks."

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

It was resolved in the Affirmative.

Fyfield Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of three several Acts passed in the Sixth and Twelfth Years of the Reign of His late Majesty King George the Second, and in the Third Year of the Reign of His present Majesty, for repairing the Road from Fyfield, in the County of Berks, to Saint John's Bridge, in the County of Gloucester; and from an Inn called The Hind's Head, in the Parish of Kingston Bagpuze, in the said County of Berks, to that Part of Newbridge, which stands in the said County of Berks."

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

It was resolved in the Affirmative.

Shepton Mallet Roads, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of Three several Acts passed in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, and in the Fifth and Twentieth Years of the Reign of His present Majesty, for repairing several Roads therein mentioned, leading to and from the Town of Shepton Mallet, in the County of Somerset, and for repairing the Road from a Place called Long Cross Bottom to the Bruton Turnpike Road near Batcombe Church, in the said County; and for paving, cleansing, lighting, and regulating the Streets, Lanes, and other public Passages within the said Town."

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

It was resolved in the Affirmative.

Tarvin Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing certain Commons, and Waste Lands, within the Parish of Tarvin, in the County of Chester."

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 Six preceding Bills.

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

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

Birmingham Canal Bill:

Ordered, That John Houghton, Samuel Bull, Thomas Pugh, William Featherstone, Hateley, and — Danks, do attend this House on Tuesday the 3d Day of May next, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act for making and maintaining a Navigable Canal from or from near to the Town of Birmingham, in the County of Warwick, to communicate with the River Severn, near to the City of Worcester."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, secundum diem Maii jam prox. sequen., horâ undecimâ Auroræ, Dominis sic decernentibus.