House of Lords Journal Volume 39: March 1791 1-10

March 1791 1-10

DIE Martis, 1^o Martii 1791.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ogilvie against Wingate.

The Answer of Thomas Wingate, of Foodie's Mill, in the County of Fife, to the Appeal of James Ogilvie, Collector of His Majesty's Revenue of Excise for the County of Fife, was this Day brought in.

Report, East India Judicature:

The Lord Cathcart reported from the Lords Committees appointed to examine the several Lists delivered in at the Table in pursuance of the Directions of an Act passed in the 26th Year of the Reign of His present Majesty for the further Regulation of the Trial of Persons accused of Offences committed in the East Indies: "That the Committee had met and examined the said Lists, and that the Titles of the following Lords were the only Titles that appeared upon Ten Lists:

"Duke of Norfolk.
Duke of Bedford.
Duke of Devonshire.
Duke of Bridgewater.
Earl of Abingdon.
Earl of Coventry.
Earl Poulet.
Earl of Cholmondeley.
Earl of Harrington.
Earl of Radnor.
Earl Spencer.
Earl of Clarendon.
Earl of Uxbridge.
Earl Talbot.
Earl of Beverley.
Bishop of London.
Bishop of Bangor.
Bishop of St. David's.
Bishop of Gloucester.
Bishop of Norwich.
Lord Le Despencer.
Lord St. John Bletsoe.
Lord Clifton.
Lord Middleton.
Lord King.
Lord Brownlow.
Lord Grey de Wilton.
Lord Delaval.
Lord Verulam.
Lord Douglas of Douglas."

Then it was moved, "That the Clause in the said Act, directing that the Names of such Persons who shall appear to hold, or to have held, any of the Offices or Employments therein specified, shall be struck out of the said Report, be now read."

The same was accordingly read by the Clerk.

Titles referred to a Committee.

Ordered, That the said Titles be referred to a Committee to report the Names of those who shall appear to hold, or to have held, any of the Offices or Employments specified in the said Act.

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.

Day's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Bath Estate, situate in the Island of Barbadoes, and late belonging to Edward Day Esquire, deceased, together with the Stock and Effects upon or belonging to the same, in Trustees, to be sold and conveyed pursuant to an Agreement for that Purpose, and for applying the Money to arise by such Sale in discharging the Incumbrances thereon; and for other Purposes therein expressed."

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 16th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Glasgow Road Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for amending an Act made in the Twenty-ninth Year of the Reign of His present Majesty, for making and repairing the Road from the City of Glasgow, in the County of Lanark, to Muirkirk, in the County of Ayr, and from thence to the Confines of the said County of Ayr towards Sanquhar, in the County of Dumfries, and other Roads communicating therewith; and for the more effectually repairing the said Roads, and the Road from the Village of Gorbals and new Bridge of Glasgow to the Chapel of Cambuslang, in the said County of Lanark and Branches thereof, and for making and repairing the Road from the said Chapel of Cambuslang till it joins the High Road leading from Hamiltom by Burnbank towards Eaglesham, in the County of Renfrew," 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."

Election of Peers for Scotland, Petition for Papers to be produced.

Upon reading the Petition of John Earl of Galloway, John Earl of Stair, James Lord Somerville, and Francis Lord Napier, setting forth, "That in the Petitions which have been, severally, presented to Their Lordships in Behalf of the Petitioners relative to the late Election and Return of Peers of Scotland, which Petitions Their Lordships have been pleased to refer to the Committee of Privileges, the Petitioners have alledged that Lord Kinnaird, who voted at the said Election, and held the Proxies of the Earl of Dysart and Lord Cranstoun, did not qualify as by Law required: that in Support of this Allegation, the Petitioners propose to prove to the said Committee, that the said Lord Kinnaird did not take and subscribe the Oath of Allegiance, and that by Law he ought to have taken and subscribed the same, in order to qualify himself to vote in his own Behalf, and in that of the other two Lords whose Proxies he held: that the said Oath of Allegiance was according to the established Practice subscribed by the other Peers present at the said Election, on a Roll now remaining amongst the Records of the said Election, in the keeping of the Lord Clerk Registrar of Scotland; that the Petitioners are informed and believe, that the Title of Kinnaird is not subscribed to the said Roll, but that the Title of Kinnoul is twice subscribed thereto, and as the Petitioners are informed that it is intended to be alledged in Opposition to their said Petition, that one of the said Subscriptions of the Title of Kinnoul is in Truth the Subscription of the Title of Kinnaird, the Petitioners apprehend that this Fact will best be verified by the Production of the original Roll, on which the said Oath was so subscribed, in order that such Subscription may be examined by the said Committee, and also by Production of the original Rolls, on which the other Oaths taken and subscribed by the Peers present at the said Election were subscribed by them, in order that the said Subscription to the said Oath of Allegiance may be compared with the Subscription of the Title of Kinnaird, to the others then taken and subscribed by the said Lord Kinnaird: That in the Petitions above mentioned, the Petitioners have also alledged that the Certificate of the Qualification of the Earl of Dysart, who voted at the said Election, is irregular, informal, defaced, and therefore void; that in Support of this Allegation, the Petitioners propose to prove, that the Certificate produced at the said Election in order to certify that the Earl of Dysart, who voted by Proxy at the said Election, had taken the Oaths prescribed by Law, has been erazed in such a Manner and in such material Parts thereof, as will, as the Petitioners are advised, invalidate that Instrument, and that for the Purpose of proving such Erazures, the Petitioners apprehend that it will be necessary for them to produce, for the Inspection of the said Committee of Privileges, the said original Certificate now remaining with the Lord Clerk Registrar of Scotland;" and therefore praying, "That Their Lordships will be pleased to order that the Lord Clerk Registrar of Scotland do by himself, or his Deputies, bring up and produce to Their Lordships, or to the said Committee, the original Rolls of the Subscriptions to the four several Oaths subscribed by the Peers of Scotland, at the Election of Peers held on the 24th of July last, and the Certificate delivered at the said Election, purporting to be the Certificate, that the Earl of Dysart had taken the Oaths required by Law, to qualify him to vote at the said Election:"

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

Ogilvie against Wingate.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein James Ogilvie is Appellant, and Thomas Wingate is Respondent:"

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.

East India Troops Bill.

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

With a Bill, intituled, "An Act for altering and amending so much of an Act passed in the Twentyeighth Year of His Majesty's Reign, intituled, "An Act for removing any Doubt respecting the Power of the Commissioners for the Affairs of India, to direct that the Expence of raising, transporting, and maintaining such Troops as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions; and for limiting the Application of the said Revenues in the Manner therein mentioned;" as relates to such Directions as shall be given or approved by the said Commissioners, with respect to the Payment of certain Proportions of His Majesty's Forces in India, and of the European Forces of the East India Company therein specified;" to which they desire the Concurrence of this House.

Marine Mutiny Bill.

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

With a Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore;" to which they desire the Concurrence of this House.

Adjourn.

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

DIE Mercurii, 2^o Martii 1791.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day John Earl of Portsmouth, and Thomas Lord Viscount Hampden, took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Marine Mutiny Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

East India Troops Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for altering and amending so much of an Act passed in the Twenty-eighth Year of His Majesty's Reign, intituled, "An Act for removing any Doubt respecting the Power of the Commissioners for the Affairs of India; to direct that the Expence of raising, transporting, and maintaining, such Troops as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions, and for limiting the Application of the said Revenues in the Manner therein mentioned;" as relates to such Directions as shall be given or approved by the said Commissioners, with respect to the Payment of certain Proportions of His Majesty's Forces in India, and of the Euro pean Forces of the East India Company therein specified."

Glasgow Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending an Act made in the Twenty-ninth Year of the Reign of His present Majesty, for making and repairing the Road from the City of Glasgow, in the County of Lanark to Muirkirk, in the County of Ayr; and from thence to the Confines of the said County of Ayr towards Sanquhar, in the County of Dumfries, and other Roads communicating therewith; and for the more effectually repairing the said Roads, and the Road from the Village of Gorbals and new Bridge of Glasgow, to the Chapel of Cambuslang in the said County of Lanark, and Branches thereof; and for making and repairing the Road from the said Chapel of Cambuslang, till it joins the High Road leading from Hamilton by Burnback, towards Eaglesham, in the County of Renfrew."

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. Montagu and Mr. Leeds:

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

Cardigan 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 Tenth Year of His Majesty's Reign, for repairing several Roads in the County of Cardigan; and for repairing other Roads in the said County."

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 Lordings, near the House of Peers; and to adjourn as they please.

Laird against Robertson.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Laird, Merchant in Greenock, is Appellant, and Archibald and James Robertson and Company, Merchants in Greenock, are Respondents:"

Causes put off.

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.

Ordered, that the hearing of the Cause wherein Robert Mackreth is Appellant, and James Fox Esquire and others are Respondents, which stands appointed for this Day, be put off to Friday next; and that the Rest of the Causes on Cause Days be removed in Course.

Adjourn.

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

DIE Jovis, 3^o Martii 1791.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to Address.

The Lord Chancellor reported, "That the Lords, with white Staves, had (according to Order) waited on His Majesty with Their Lordships' Address of Monday last; and that he was pleased to receive the same very graciously."

Report, East India Judicature:

The Lord Cathcart reported from the Lords Committees, appointed to consider of the Titles of the Lords that have appeared upon ten or more Lists, reported from the Committee on Tuesday last, and to report the Names of those who shall appear to hold or to have held any of the Offices or Employments specified in an Act made in the 26th Year of His present Majesty, for the further Regulation of the Trial of Persons accused of Offences committed in the East Indies, and for other Purposes therein mentioned: "That the Committee had met and considered the Matter to them referred, and had taken the above mentioned Act into Consideration, and, having carefully examined the said Titles, had come to the following Resolution:

"Resolved, That it doth not appear to the said Committee that any of the Lords, whose Titles are contained in the said List, now holds any civil Office of Profit under the Crown, or now holds or hath heretofore held any of the Offices or Employments mentioned in the said Act of Parliament, as Disabilties from serving according to the said Act, excepting only His Grace the Duke of Devonshire, who appears to the Committee to hold the Office of Lord High Treasurer of Ireland, the same being an Office of Trust and Profit, during His Majesty's Pleasure."

Moved, "To agree with the Committee in the said Report."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the Name of the Duke of Devonshire be struck out of the said List.

Titles to be transmitted to the Clerk of the Crown.

Ordered, That the said Titles be transmitted to the Clerk of the Crown in His Majesty's High Court of Chancery, or his Deputy, by the Lord High Chancellor of Great Britain, under his Hand and Seal, pursuant to the Directions of the said Act.

Marine Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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.

East India Troops Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for altering and amending so much of an Act passed in the Twenty-eighth Year of His Majesty's Reign, intituled, "An Act for removing any Doubt respecting the Power of the Commissioners for the Affairs of India, to direct that the Expence of raising, transporting, and maintaining such Troops as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions, and for limiting the Application of the said Revenues in the Manner therein mentioned," as relates to such Directions as shall be given or approved by the said Commissioners, with respect to the Payment of certain Proportions of His Majesty's Forces in India, and of the European Forces of the East India Company therein specified."

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.

Biggleswade Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of Two Acts of the Tenth Year of His present Majesty, and the last Session of Parliament, for repairing the Road from Biggleswade, in the County of Bedford, through Bugden and Alconbury to the Top of Alconbury Hill, and from Bugden to Huntingdon, and from Cross Hall to Great Stoughton Common, in the County of Huntingdon, and also the Road leading out of the aforesaid Road at or near the Ferry House in the Parish of Tempsford, to and through Little Barford, Eynesbury, and Saint Neot's to the Turnpike Road at the End of Cross Hall Lane, and from the Turnpike Road in the Parish of Eaton Soken to the said Turnpike Road near Saint Neot's Bridge."

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

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

Martin against Tait et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Martin Gentleman is Appellant, and James Tait Clerk, and others, are Respondents, ex parte; the Respondents not having put in their Answer thereto, though peremptorily ordered so to do:"

It is Ordered, That this House will hear the said Cause ex parte by Counsel at the Bar, on the first vacant Day for Causes after those already appointed, unless the Respondents put in their Answer thereto in the mean Time.

Election of Peers for Scotland, Papers respecting, ordered.

Ordered, That the Lord Clerk Registrar of Scotland do by himself or his Deputies bring up and produce to this House, the original Rolls of the Subscriptions to the four several Oaths subscribed by the Peers of Scotland at the Election of Peers held on the 24th of July last, and the Certificate delivered at the said Election purporting to be the Certificate that the Earl of Dysart had taken the Oaths required by Law to qualify him to vote at the said Election.

Adjourn.

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

DIE Veneris, 4^o Martii 1791.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Causes put off.

Ordered, That the Hearing of the Cause wherein Robert Mackreth is Appellant, and James Fox Esquire, and others, are Respondents, which stands appointed for this Day be put off to Monday next; and that the rest of the Causes on Cause Days be removed in Course.

Lords take the Oaths.

This Day Joseph Lord Milton, and Martin Bladen, Lord Hawke, took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Staunton et. al. Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Mary Staunton Widow, for and on the Behalf of her infant Children 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 Estates, late of or belonging to Thomas Staunton Esquire, deceased, in the Counties of Essex, Suffolk, and Buckingham, in Trustees, to be sold; and for applying the Money to arise therefrom in such Manner as therein is mentioned."

Wellsbourn Mount for Road Bill.

Hodie 2^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 amending the Road from Wellsbourn Mountfor to Stratford-uponAvon, in the County of Warwick."

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

Their Lordships, or any Five of them, to meet on 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.

Marine Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

After some Time, the House was resumed:

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

East India Troops Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for altering and amending so much of an Act passed in the Twenty-eighth Year of His Majesty's Reign, intituled, "An Act for removing any Doubts respecting the Power of the Commissioners for the Affairs of India to direct that the Expence of raising, transporting, and maintaining such Troops as may be judged necessary for the Security of the British Territories and Possessions in the East Indies should be defrayed out of the Revenues arising from the said Territories and Possessions, and for limiting the Application of the said Revenues in the Manner therein mentioned, as relates to such Directions as shall be given or approved by the said Commissioners, with respect to the Payment of certain Proportions of His Majesty's Forces in India, and of the European Forces of the East India Company therein specified."

After some Time, the House was resumed:

And the Lord Cathcart reported from the Committee, "That they 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 Sabbati, quintum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Sabbati, 5^o Martii 1791.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Spiers against Sir A. Campbell:

This Day being appointed for hearing Counsel upon the Petition and Appeal of Peter Spiers Esquire of Culcroich, one of the Freeholders of the County of Stirling in Scotland; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 14th and 24th of December 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:" As also upon the Answer of Sir Alexander Campbell of Ardkinlass Baronet, put in to the said Appeal. And Counsel appearing for the Appellant and Respondent in the said Appeal:

The Counsel for the Appellant were fully heard upon the same.

The Counsel were directed to withdrew.

Interlocutors affirmed.

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.

Harlow Road Bill.

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

With a Bill, intituled, "An act for enlarging the Term and Powers of Two Acts of the Seventeenth Year of His late Majesty, and the Ninth Year of His present Majesty, for repairing and widening the Road leading from a Place called Harlow Bush Common, in the Parish of Harlow, in the County of Essex, to Stump Cross, in the Parish of Great Chesterford, in the said County;" to which they desire the Concurrence of this House.

Norfolk Woolcombers' Bill.

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

With a Bill, intituled, "An Act for more effectually preventing Frauds and Abuses committed by Persons employed in the Manufactures of combing Wool and Worsted Yarn in the County of Norfolk, and City of Norwich and County of the same City;" to which they desire the Concurrence of this House.

Burford Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term of an Act of the Tenth Year of His present Majesty for repairing and widening the Road from Burford to Banbury, in the County of Oxford, and from Burford aforesaid to the Turnpike Road leading to Stow, in the County of Gloucester, at the Bottom of Stow Hill, and from Swerford Gate, in the said County of Oxford, to the Turnpike Road in Aynho, in the County of Northampton;" to which they desire the Concurrence of this House.

Tadcaster Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, Common Ings, Stinted Pasture, Common and Waste Grounds, within the Manor of Tadcaster, in the County of York, and County of the City of York;" to which they desire the Concurrence of this House.

Kellington Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, Meadows, Ings, Pastures, and other Commonable Lands and Waste Grounds within the Lordship or Liberty of Kellington, in the West Riding of the County of York;' to which they desire the Concurrence of this House.

Pierrepont's Petition referred to Judges.

Upon reading the Petition of Charles Pierrepont (formerly called Charles Medows) of Thoresby in the County of Nottingham Esquire; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Ballingall against Sir A. Campbell et al.

Upon reading the Petition and Appeal of David Ballingal Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 2d of March 1791; 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 proper; and that Sir Alexander Campbell, of Ardkinlass Baronet, and others Complainers, may be required to answer the said Appeal:"

It is Ordered, That the said Sir Alexander Campbell and others Complainers may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Saturday the 2d Day of April next; and Service of this Order upon the said Respondents, or upon any of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Adjourn.

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

DIE Lunæ, 7^o Martii 1791.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Scott et al. against Graham.

The Answer of James Graham in Hirst, to the Appeal of John Scott in Torduff Point and others, was this Day brought in.

Lords take

This Day Alexander Earl of Balcarras, William Viscount Dudley and Ward, and Horatio Lord Walpole, took the Oaths and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Mackreth against Fox et al.

After hearing Counsel in Part, in the Cause wherein Robert Mackreth is Appellant, and James Fox Esquire and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Friday next. And that the rest of the Causes on Cause Days be removed in Course.

Hustler and Peirse's Petition referred to Judges.

Upon reading the Petition of Thomas Hustler of Acklam in the County of York Esquire, and Richard William Peirse, of Thimbleby Lodge in the same County Esquire; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

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

Abp. York Petition referred to Judges.

Upon reading the Petition of the Most Reverend Father in God William by Divine Providence Lord Archbishop of York; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Trafford's Petition referred to Judges.

Upon reading the Petition of John Trafford Esquire on Behalf of himself and of Humphrey Trafford, John Trafford, Thomas Trafford, William Trafford, Henry Trafford, Edmund Trafford, Elizabeth Trafford, Clementina Trafford, and Maria Trafford, his Infant Children; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Marine Mutiny Bill:

Hodie 3^a vice lecta est Billa; intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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

It was resolved in the Affirmative.

East India Troops Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for altering and amending so much of an Act passed in the Twenty-eighth Year of His Majesty's Reign, intituled, "An Act for removing any Doubt respecting the Power of the Commissioners for the Affairs of India to direct that the Expence of raising, transporting and maintaining such Troops as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions, and for limiting the Application of the said Revenues in the Manner therein mentioned," as relates to such Directions as shall be given or approved by the said Commissioners with respect to the Payment of certain Proportions of His Majesty's Forces in India, and of the European Forces of the East India Company therein specified."

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 Mr. Montagu and Mr. Leeds:

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

Smith's Charity Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling the Trustees of Henry Smith Esquire deceased, to accept a Conveyance of divers Hereditaments in the Parish of Reigate in the County of Surry, and an Annual or Fee-Farm Rent of Twenty-five Pounds, reserved out of or for the Manor of Mount Bures, in the County of Essex, and a yearly Rent of Thirty Pounds, Part of an Annual or Fee-Farm Rent of Forty Pounds, reserved out of or for the Manor of Heddington with the Hundred of Bullingdon in the County of Oxford in Exchange for the several Manors of Knowle, Seven Oaks, Kempsing and Seal, in the County of Kent, and divers Hereditaments in the several Parishes of Seven Oaks, Kempsing and Seal in the said County of Kent, and to convey the lastmentioned Hereditaments accordingly."

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 the 22d Day of this instant March, at Ten o'Clock in the Forenoon, at the Prince's Lodgings, near the House of Peers, and to adjourn as they please.

Writs of Error delivered.

The Lord Kenyon Lord Chief Justice of the Court of King's Bench in the usual Manner delivered in at the Table, four Writs of Error.

In the First of which

Martin et al. against Doc.

James Martin and others are Plantiffs, and John Doe is Defendant.

In the Second

Baker and Dawson against Bent.

Peter Baker and John Dawson are Plaintiffs, and Robert Bent is Defendant.

In the Third

Calvart against Lefevre.

Francis Calvart is Plaintiff, and Isaac Lefevre Esquire is Defendant.

And in the last,

Scrivens against Ballantyne.

Thomas Scrivens is Plaintiff, and William Ballantyne is Defendant.

Harlow Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of two Acts of the Seventeenth Year of His late Majesty, and the Ninth Year of His present Majesty; for repairing and widening the Road leading from a Place called Harlow Bush Common in the Parish of Harlow, in the County of Essex, to Stump Cross, in the Parish of Great Chesterford, in the said County."

Norfolk Woolcombers' Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for more effectually preventing Frauds and Abuses committed by Persons employed in the Manufactures of combing Wool and worsted Yarn, in the County of Norfolk and City of Norwich, and County of the same City."

Ordered, That the said Bill be printed.

Burford Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Term of an Act of the Tenth Year of His present Majesty, for repairing and widening the Road from Burford to Banbury, in the County of Oxford, and from Burford aforesaid, to the Turnpike Road leading to Stow, in the County of Gloucester, at the Bottom of Stow Hill, and from Swerford Gate in the said County of Oxford, to the Turnpike Road at Aynho, in the County of Northampton."

Kellington Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled "An Act for dividing and enclosing the Open Common Fields, Meadows, Ings, Pastures, and other Commonable Lands and Waste Grounds within the Lordship or Liberty of Kellington, in the West Riding of the County of York."

Tadcaster Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Common Ings, Stinted Pasture, Common and Waste Grounds within the Manor of Tadcaster, in the County of York, and County of the City of York."

Morehead against Johnston.

The House being informed, "That John Johnston Esquire of Alva, Respondent to the Appeal of William Morehead Esquire, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of Harry Davidson, Writer to the Signet, of the due Service of the said Order being read:

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

Cazenove and Batard's Naturalization Bill.

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

With a Bill, intituled, "An Act for naturalizing Charles Theophilus Cazenove, and John Francis Batard;" to which they desire the Concurrence of this House.

Adjourn.

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

DIE Martis, 8^o Martii 1791.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J. Sheffield's Petition referred to Judges.

Upon reading the Petition of Sir John Sheffield Baronet; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Staunton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Estates late of or belonging to Thomas Staunton Esquire, deceased, in the Counties of Essex, Suffolk, and Buckingham, in Trustees to be sold, and for applying the Money to arise therefrom in such Manner as therein is mentioned."

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 23d Day of this instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Kellington Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Meadows, Ings, Pastures, and other Commonable Lands and Waste Grounds within the Lordship or Liberty of Kellington, in the West Riding of the County of York."

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

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

Tadcaster Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Common Ings, Stinted Pasture, Common and Waste Grounds, within the Manor of Tadcaster, in the County of York, and County of the City of York."

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

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

Cazenove and Batard's Naturalization Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Charles Theophilus Cazenove, and John Francis Batard."

Wellsbourn Mountfort Road Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term of an Act passed in the Tenth Year of the Reign of His present Majesty, for amending the Road from Wellsbourn Mountfort to Stratford upon Avon, in the County of Warwick," 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."

Ferrier against Morehead.

Upon reading the Petition and Appeal of Ilay Ferrier Esquire, late Colonel in the Scots Brigade, in the Service of the States of Holland; complaining of two Interlocutors of the Lords of Session in Scotland of the 12th of February, and 1st of March 1791; and praying, That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, shall seem proper; and that William Morehead of Herbertshire Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said William Morehead may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 5th Day of April next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Cheap against Morehead.

Upon reading the Petition and Appeal of Marion Cheap the Widow, Marion Cheap the Daughter, and John Cheap the second and Youngest Son of the late James Cheap, sometime of Sauchie and afterwards of Park Place, Esquire, Executors and nearest of Kin of the said James Cheap deceased; complaining of two Interlocutors of the Lords of Session in Scotland, of the 1st and 3d of March 1791; and praying, "That the same may be reversed, varied, or amended, or that the Appellants may have such other Relief in the Premises as to this House, in Their Lordships' great Wisdom, shall seem proper; and that William Morehead of Herbertshire Esquire, may be required to Answer the said Appeal:"

It is Ordered, That the said William Morehead may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 5th Day of April next; and service of this Order upon the said Respondent, or upon any of his known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Adjourn.

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

DIE Jovis, 10^o Martii 1791.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Kellington Enclosure Bill, King's consent signified.

The Lord Hawkesbury acquainted the House, "That His Majesty having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, Meadows, Ings, Pastures, and other Commonable Lands and Waste Grounds, within the Lordship or Liberty of Kellington, in the West 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."

Sir J. Wolff et ux. Petition referred to Judges.

Upon reading the Petition of Sir Jacob Wolff, Baronet, (Baron of the Roman Empire) and Dame Anne Wolff his Wife; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

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

Adjourn.

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