House of Lords Journal Volume 37: March 1785 21-30

Journal of the House of Lords Volume 37, 1783-1787. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

'House of Lords Journal Volume 37: March 1785 21-30', in Journal of the House of Lords Volume 37, 1783-1787( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol37/pp215-221 [accessed 23 December 2024].

'House of Lords Journal Volume 37: March 1785 21-30', in Journal of the House of Lords Volume 37, 1783-1787( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol37/pp215-221.

"House of Lords Journal Volume 37: March 1785 21-30". Journal of the House of Lords Volume 37, 1783-1787. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol37/pp215-221.

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In this section

March 1785 21-30

DIE Lunæ, 21o Martii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Exon.
Epus. Lincoln.
Epus. Bangor.
Epus. Landaven.
Epus. Meneven.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Ds. Camden, Præses.
Comes Gower, C. P. S.
Dux Devonshire.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Buckingham.
Comes Denbigh.
Comes Westmorland.
Comes Sandwich.
Comes Shaftesbury.
Comes Morton.
Comes Cassillis.
Comes Moray.
Comes Abercorn.
Comes Balcarras.
Comes Ferrers.
Comes Tankerville.
Comes Macclesfield.
Comes Effingham.
Comes De la Warr.
Comes Northington.
Comes Bathurst.
Comes Clarendon.
Viscount Stormont.
Viscount Wentworth.
Viscount Mount Edgcumbe & Valletort.
Viscount Sackville.
Viscount Howe.
Ds. Osborne, Unus Primariorum Secretariorum.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Elphinstone.
Ds. Middleton.
Ds. Chedworth.
Ds. Ponsonby.
Ds. Scarsdale.
Ds. Milton.
Ds. Vernon.
Ds. Amherst.
Ds. Loughborough.
Ds. Grantley.
Ds. Camelford.
Ds. Bulkeley.
Ds. Sommers.

PRAYERS.

Tod et al. against McPherson et al.

The Answer of Marjory McPherson and others, to the Appeal of William Tod and others, was this Day brought in.

E. Hopetoun against Grove et al.:

After hearing Counsel as well on Friday last as this Day, upon the Petition and Appeal of James Earl of Hopetoun, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 21st of July and 5th of August 1784; 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 just;" as also upon the Answer of Mrs. Martha Grove and others, Creditors of the York Buildings Company, 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.

Newgate Gaol Delivery Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to empower the Justices of Oyer and Terminer, and Gaol Delivery of Newgate, for the County of Middlesex, to continue to hold a Session of Gaol Delivery of Newgate, begun to be holden before the Essoign Day of Term and Sitting of the King's Bench at Westminster, notwithstanding the happening of such Essoign Day or the Sitting of the said Court of King's Bench at Westminster, or elsewhere, in the said County of Middlesex."

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. Thomson and Mr. Pepys:

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

Gloucester Gaol, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for building a New Gaol, a Penitentiary House, and certain New Houses of Correction for the County of Gloucester, and for regulating the same."

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.

Beverley Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Fourth Year of the Reign of His present Majesty, for repairing and widening the Road from Beverley to Kexby Bridge, in the County of York."

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

Ld. President.
Ld. Privy Seal.
D. Devonshire.
D. Portland.
D. Manchester.
D. Bridgewater.
M. Buckingham.
E. Denbigh.
E. Westmorland.
E. Sandwich.
E. Shaftesbury.
E. Morton.
E. Cassillis.
E. Moray.
E. Abercorn.
E. Balcarras.
E. Ferrers.
E. Tankerville.
E. Macclesfield.
E. Effingham.
E. De la Warr.
E. Northington.
E. Bathurst.
E. Clarendon.
V. Stormont.
V. Wentworth.
V. Mount Edgcumbe & Valletort.
V. Sackville.
V. Howe.
L. Bp. Exeter.
L. Bp. Lincoln.
L. Bp. Bangor.
L. Bp. Landaff.
L. Bp. St. Davids.
L. Bp. Bristol.
L. Osborne.
L. Sydney.
L. Elphinstone.
L. Middleton.
L. Chedworth.
L. Ponsonby.
L. Scarsdale.
L. Milton.
L. Vernon.
L. Amherst.
L. Loughborough.
L. Grantley.
L. Camelford.
L. Bulkeley.
L. Sommers.

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.

Newnham's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming a Mortgage made by John Newnham Esquire, of Part of his settled Estates in Sussex, pursuant to a Decree of the High Court of Chancery; and for enabling him to make a further Mortgage of his settled Estates, according to such Decree; and for discharging both Incumbrances, with the Produce of his Estates, vested in Trustees to be sold."

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 5th Day of April next, at the usual Time and Place; and to adjourn as they please.

Pemberton, for a Bill to take the Name of Cludde:

Upon reading the Petition of William Pemberton of Orleton in the County of Salop Esquire, praying Leave to bring in a Bill to enable him and his First and other Sons, and their Issue, to take, use, and bear the Name and Arms of Cludde, pursuant to the Directions of the Will of Edward Cludde Esquire, deceased:

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

Bill presented.

Accordingly, the Lord Scarsdale presented to the House a Bill, intituled, "An Act to enable William Pemberton Esquire, and his First and other Sons, and their Issue, to take, use, and bear the Name and Arms of Cludde, pursuant to the Will of Edward Cludde Esquire, deceased."

The said Bill was read the First Time.

Tod et al. against McPherson et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Tod and others are Appellants, and Marjory McPherson and others are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel, at the Bar, on the First vacant Day for Causes, after those already appointed.

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

Perth Roads Bill.

With a Bill, intituled, "An Act for repairing the Highways, Bridges, and Ferries in the County of Perth;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Public Accounts, 13th Report of Commissioners, delivered.

The House being informed, "That Mr. Drummond and Mr. Roe, Two of the Commissioners appointed to examine, take, and state the Public Accounts of the Kingdom, attended:"

They were called in, and delivered at the Bar,

"The Thirteenth Report of the Commissioners appointed to examine, take, and state the Public Accounts of the Kingdom."

And then they withdrew.

And the Title thereof being read by the Clerk;

Ordered, That the said Report do lie on the Table.

The House was adjourned during Pleasure.

The House was resumed.

Lord Milton's Petition referred to Judges.

Upon reading the Petition of the Right Honourable Joseph Lord Milton, 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 Ashurst 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.

The Order of the Day being read for the Lords to be summoned:

King's Packets, Address for Account of, negatived.

Moved, "That an humble Address be presented to His Majesty, to desire He will be graciously pleased to give Orders, that the proper Officer do lay before this House, a true and perfect Account of all the Packets employed in His Majesty's Service, and the Expenditure attending every One per Month, distinguishing them separately, One by One, with the Name of the Packet, the Captain's Name, and the Name of the Mate, or next in Command; likewise all the Officers on Board, and the Number of Foremast Men and Boys, and what is allowed by Government for Wages and Victualling, &c. for each Man and Boy per Month, and how many Tons every one is separately, and what is paid by Government per Ton, and who are and were at the Time the real Owner or Owners of every Packet, with their Names and Places of Abode, specified in every Monthly Account for Five Years past, (videlicet) from Michaelmas 1779, to Michaelmas 1784."

Which being objected to;

After short Debate:

The Question was put thereupon?

It was resolved in the Negative.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House To-morrow.

Adjourn.

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

DIE Martis, 22o Martii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Sarum.
Epus. Eliens.
Epus. Roffen.
Epus. Cestrien.
Epus. Lincoln.
Epus. Bangor.
Epus. Landaven.
Epus. Meneven.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Ds. Camden, Præses.
Comes Gower, C. P. S.
Dux Richmond.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
Dux Northumberland.
Comes Huntingdon.
Comes Denbigh.
Comes Westmorland.
Comes Coventry.
Comes Morton.
Comes Cassillis.
Comes Moray.
Comes Abercorn.
Comes Galloway.
Comes Breadalbane.
Comes Dunmore.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Tankerville.
Comes Aylesford.
Comes Macclesfield.
Comes Effingham.
Comes Fitzwilliam.
Comes Fauconberg.
Comes Northington.
Comes Bathurst.
Comes Ailesbury.
Comes Clarendon.
Viscount Townshend.
Viscount Stormont.
Viscount Courtenay.
Viscount Mount Edgcumbe & Valletort.
Viscount Howe.
Ds. Osborne, Unus Primariorum Secretariorum.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Howard de Walden.
Ds. Elphinstone.
Ds. Montfort.
Ds. Middleton.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Digby.
Ds. Amherst.
Ds. Rivers.
Ds. Harrowby.
Ds. Loughborough.
Ds. Walsingham.
Ds. Sommers.

Perth Roads Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Highways, Bridges, and Ferries in the County of Perth."

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

Ld. President.
Ld. Privy Seal.
D. Richmond.
D. Portland.
D. Manchester.
D. Bridgewater.
D. Northumberland.
E. Huntingdon.
E. Denbigh.
E. Westmorland.
E. Coventry.
E. Morton.
E. Cassillis.
E. Moray.
E. Abercorn.
E. Galloway.
E. Breadalbane.
E. Dunmore.
E. Oxford & Mortimer.
E. Ferrers.
E. Tankerville.
E. Aylesford.
E. Macclesfield.
E. Effingham.
E. Fitzwilliam.
E. Fauconberg.
E. Northington.
E. Bathurst.
E. Ailesbury.
E. Clarendon.
V. Townshend.
V. Stormont.
V. Courtenay.
V. Mount Edgcumbe & Valletort.
V. Howe.
L. Abp. York.
L. Bp. Salisbury.
L. Bp. Ely.
L. Bp. Rochester.
L. Bp. Chester.
L. Bp. Lincoln.
L. Bp. Bangor.
L. Bp. Landaff.
L. Bp. St.David's.
L. Bp. Bristol.
L. Osborne.
L. Sydney.
L. Willoughby Br.
L. Howard de Walden.
L. Elphinstone.
L. Montfort.
L. Middleton.
L. Chedworth.
L. Scarsdale.
L. Digby.
L. Amherst.
L. Rivers.
L. Harrowby.
L. Loughborough.
L. Walsingham.
L. Sommers.

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.

Pemberton to take the Name of Cludde, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable William Pemberton Esquire, and his First and other Sons and their Issue, to take, use, and bear the Name and Arms of Cludde, pursuant to the Will of Edward Cludde Esquire, deceased."

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 the 8th Day of April next, at the usual Time and Place; and to adjourn as they please.

Hanmet et al. Petition referred to Judges.

Upon reading the Petition of Job Hanmer, of Little Waldingfield in the County of Suffolk Esquire, the Reverend Erasmus Warren of Hampstead in the County of Middlesex Clerk, and Ann his Wife, and Sir Thomas Charles Banbury of Great Barton in the said County of Suffolk 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 Ashurst, who are forthwith to summon all Parties concerned in the Bill, and after hearing them are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

E. Aylesford and Whatman's Petition referred to Judges.

Upon reading the Petition of the Right Honourable Heneage Earl Aylesford, and James Whatman 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 Ashurst, who are forthwith to summon all Parties concerned in the Bill, and after hearing them are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Coxe's Petition referred to Judges.

Upon reading the Petition of Henry Hippisley Coxe of Downside in the Parish of Midsomer Norton in the County of Somerset Esquire, and Charles Hippisley Coxe of the same Place 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 Mr. Justice Gould and Mr. Baron Perryn, 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.

Public Offices Bill.

Moved, "That the Bill, intituled, "An Act for appointing Commissioners to enquire into the Fees, Gratuities, Perquisites, and Emoluments which are or have been lately received in the several Public Offices therein 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," be now read a Second Time."

The said Bill was accordingly read a Second Time."

Moved, "That the said Bill be committed."

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

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 the first Thursday after the Recess at Easter.

Adjourn.

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

DIE Mercurii, 23o Martii 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bristol. Ds. Thurlow, Cancellarius.
Comes Gower, C. P. S.
Dux Chandos, Senescallus.
Dux Bridgewater.
Comes Denbigh.
Comes Westmoreland.
Comes Abercorn.
Comes Bathurst.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Amherst.
Ds. Sommers.

PRAYERS.

Gardner et al. against Penmans.

The Answer of Hugh Penman and Rebecca Penman, to the Appeal of George Gardner, Surgeon in Calcutta, and his Factors, was this Day brought in.

Sir J. Nasmyth et al. against Samson et al.

After hearing Counsel in Part, in the Cause wherein Sir James Nasmyth of Posso Baronet is Appellant, and John Samson and others are Respondents:

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

Coke's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Estates, in the Counties of Kent and Somerset and in the City of London, devised by the Will of Thomas late Earl of Leicester deceased, in Trustees to be sold, and for laying out the Money arising therefrom in the Purchase of other Estates situate in the County of Norfolk, to be settled to the same Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to Report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Perth Roads Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing the Highways, Bridges, and Ferries, in the County of Perth," 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."

Beverley Road Bill.

The Lord Scarsdale 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 the Reign of His present Majesty, for repairing and widening the Road from Beverley to Kexby Bridge, in the County of York," was committed.

Sir W. Maxwell's Petition referred to Judges.

Upon reading the Petition of Sir William Maxwell of Monreith Baronet, for himself, and in Name and Behalf of William Alexander, Ann Magdalane, Jean and Charlotte Maxwell, 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 Mr. Justice Ashurst 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.

Agnews' Petition referred to Judges.

Upon reading the Petition of Robert Agnew of Sheuchan Esquire, Eldest lawful Son of the deceased John Vans of Barnbarroch, afterwards bearing the Name and Title of John Agnew of Sheuchan Esquire, for himself, and as Administrator in Law in Scotland, for Robert, John, James, and Patrick Vans Agnew, his Four Sons, and for Margaret and Frances Georgina Vans Agnew, his two Daughters, all Infants, and also Patrick Agnew, Second Lawful Son of the said deceased John Vans, afterwards named Agnew, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said tition be and is hereby referred to Mr. Justice Ashhurst 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.

Douglas and Baillie against Chalmers:

Upon reading the Petition and Appeal of Mrs. Helen Douglas and James Baillie of Olivebank Esquire, her Husband for his Interest; complaining of Two Interterlocutors 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; and 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 February1785; 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 may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem meet; and that Mrs. Elizabeth Chalmers Widow, may be required to answer the said Appeal:"

It is Ordered, That the said Elizabeth Chalmers may have a Copy of the said Appeal, and do put in her Answer thereunto in Writing on or before Wednesday the 20th Day of April next; and Service of this Order upon the said Respondent, or upon her known Procurators or Agents in the Commissary Court, or Court of Session in Scotland, shall be deemed good Service.

Anderson to enter into Recognizance on said Appeal.

The House being moved, "That Andrew Anderson, of the Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for Mrs. Helen Donglas and James Baillie Esquire, her Husband, on account of their Appeal depending in this House, they living in Scotland:"

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

Holt and Leigh, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Edward Holt of the City of Chester Esquire, for and on Behalf of himself and his Infant Children, and of Holt Leigh 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 1a vice lecta est Billa, intituled, "An Act for vesting Two thirty-sixth Shares of the Navigation of the River Douglas, alias Asland, in the County of Lancaster, Part of the settled Estates of Edward Holt Esquire, in Trustees to be sold, and for laying out the Money arising by such Sale in the Purchase of Lands and Hereditaments, to be settled in Lieu thereof to the same Uses."

Tod et al. against Young et al.

Upon reading the Petition and Appeal of Messieurs William Tod, Thomas Cheap, John Henderson, and William Collow, Merchants and Partners of the Company some time carried on under the Firm of William Tod and Company Merchants in London, and of the said William Tod as an Individual; complaining of Fourteen Interlocutors of the Lord Ordinary in Scotland of the 19th and 29th of July, the 1st and 2d of August, the 15th of November, and 13th, and 17th of December, 1783, and 14th and 28th of January, the 18th and 25th of February, the 22d of June and 8th of July, 1784, and 5th of March 1785; and also of Two Interlocutors of the Lords of Session there, of the 16th of February and 2d of March 1785; and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem meet; and that Margaret and Janet Young, lawful Children of the deceased Andrew Young, and James Gordon, and James Riddoch, their Husbands, and George Andrew their Factor, may be required to Answer the said Appeal:"

It is Ordered, That the said Margaret and Janet Young, and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Wednesday the 20th Day of April next; and Service of this Order upon the said Respondents, or upon any of their 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, vicesimum quartum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 24o Martii 1785.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Sarum.
Epus. Cestrien.
Epus. Oxon.
Epus. Exon.
Epus. Lincoln.
Epus. Bangor.
Epus. Meneven.
Ds. Thurlow, Cancellarius.
Ds. Camden, Præses.
Dux Chandos, Senescallus.
Dux Richmond.
March. Buckingham.
Comes Morton.
Comes Moray.
Comes Abercorn.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Ailesford.
Comes De la Warr.
Comes Bathurst.
Comes Leicester.
Comes Norwich.
Viscount Wentworth.
Viscount Mount Edgcumbe & Valletort.
Viscount Howe.
Ds. Osborne, Unus Primariorum Secretarirum.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Percy.
Ds. Elphinstone.
Ds. Middleton.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Amherst.
Ds. Brudenell.
Ds. Walsingham.
Ds. Sommers.

PRAYERS.

Douglas and Baillie against Chalmers.

The Answer of Mrs. Elizabeth Chalmers, Relict of Archibald Scott Surgeon in Musselburgh, to the Appeal of Mrs. Helen Douglas and James Baillie her Husband, was this Day brought in.

The House was adjourned during Pleasure to robe.

The House was resumed.

King present:

His Majesty being seated on the Throne, adorned with His Crown and regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes,) commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure that they attend Him immediately in this House."

Who being come, with their Speaker;

He, after a short Introduction in relation to the Money Bill to be passed, delivered it to the Clerk, who brought it to the Table, where the Deputy Clerk of the Crown read the Title of that, and the other Bills to be passed, severally, as follows; (videlicet)

Bills passed.

1. "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."

To this Bill the Royal Assent was pronounced by the Clerk Assistant in these Words; (videlicet)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

2. "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

3. "An Act for paving, cleansing, and lighting the High Street and other Places within the Town of Huntingdon, and for removing and preventing Nuisances and Annoyances therein."

4. "An Act for building a New Gaol, a Penitentiary House, and certain New Houses of Correction for the County of Gloucester, and for regulating the same."

5. "An Act for reviving, continuing, and enlarging the Term and Powers of an Act, passed in the Third Year of the Reign of His present Majesty, for repairing and widening the Road from a Place called Nightingales in the Township of Heath Charnock, to the Bridge at the West End of the Town of Bolton in the Moors, in the County Palatine of Lancaster."

6. "An Act for enlarging the Term and Powers of an Act, passed in the Fourth Year of the Reign of His present Majesty, King George the Third, intituled, An Act for repairing and widening the Road from Derby to Mansfield in the County of Nottingham, and several other Roads therein mentioned."

7. "An Act for continuing the Term of an Act, passed in the Fourth Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening several Roads, leading from Callington in the County of Cornwall, and for widening and repairing the Road leading from Bushford to Beal's Mill in the Parish of Stoke Climsland, and also the Road from Penterscross in the Parish of Pillaton, to a Place called the Fighting Cocks in the Parish of Botes Fleming, all in the said County."

8. "An Act for enlarging the Term and Powers of an Act, of the Fourth Year of His present Majesty, for repairing the Roads from Horsham to the Top of Beeding Hill, and from Steyning to the Top of Steyning Hill, in the County of Sussex."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)

"Le Roy le veult."

9. "An Act for enclosing and leasing or letting a certain Common, and certain Waste Grounds, lying within the Parish of Marston Montgomery in the County of Derby, and applying the Profits thereof, in Aid of the Poors Rate, and other Parochial Taxes of the said Parish."

10. "An Act for dividing and enclosing, the several Open Common Fields, Common or Stinted Pastures, Wolds, Ings, Sands, Meadow Lands, and Waste Grounds, within the Township of South Cave in the East Riding of the County of York."

11. "An Act for dividing, allotting, and enclosing, the Common Fields, Half Year or Shack Lands, Commons, and Waste Grounds, within the Parish of Ashill in the County of Norfolk."

12. "An Act for naturalizing Simon Tamm."

13. "An Act for naturalizing John Andrew De Luc."

14. "An Act for naturalizing Thomas Oom, Charles Frederick Bremer, and Daniel Philipp Dobbert."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire, and the Commons withdrew.

The House was adjourned during Pleasure to unrobe.

The House was resumed.

Sir James Nasmith against Samson et al.

After hearing Counsel further in the Cause, wherein Sir James Nasmith of Posso Baronet is Appellant, and John Samson and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Monday the 4th Day of April next; and that the Cause which stands for that Day be put off to the Wednesday following; and that the rest of the Causes, on Cause Days, be removed in Course.

Holt's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Two Thirty-sixth Shares of the Navigation of the River Douglas, alias Asland, in the County of Lancaster, Part of the settled Estates of Edward Holt Esquire, in Trustees to be sold; and for laying out the Money arising by such Sale, in the Purchase of Lands and Hereditaments, to be settled in Lieu thereof to the same Uses."

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

Ld. President.
Ld. Steward.
D. Richmond.
M. Buckingham.
E. Morton.
E. Moray.
E. Abercorn.
E. Oxford & Mortimer.
E. Ferrers.
E. Aylesford.
E. De la Warr.
E. Bathurst.
E. Leicester.
E. Norwich.
V. Wentworth.
V. Mount Edgcumbe & Valletort.
V. Howe.
L. Abp. Canterbury.
L. Bp. Salishury.
L. Bp. Chester.
L. Bp. Oxford.
L. Bp. Exeter.
L. Bp. Lincoln.
L. Bp. Bangor.
L. Bp. St.David's.
L. Osborne.
L. Sydney.
L. Percy.
L. Elphinstone.
L. Middleton.
L. Chedworth.
L. Scarsdale.
L. Amherst.
L. Brudenell.
L. Walsingham.
L. Sommers.

Their Lordships, or any Five of them, to meet on Friday the 8th Day of April next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Beverley Roads Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, passed in the Fourth Year of the Reign of His present Majesty, for repairing and widening the Road from Beverley, to Kexby Bridge, in the County of York."

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

It was resolved in the Affirmative.

Perth Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Highways, Bridges, and Ferries, in the County of Perth."

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. Thomson and Mr. Pepys:

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

Coke's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting certain Estates in the Counties of Kent and Somerset and in the City of London, devised by the Will of Thomas late Earl of Leicester deceased, in Trustees to be sold; and for laying out the Money arising therefrom in the Purchase of other Estates situate in the County of Norfolk, to be settled to the same Uses."

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.

Forbes et Ux. Petition referred to Judges.

Upon reading the Petition of George Forbes Esquire, and Mary his Wife, on Behalf of the said Mary Forbes, and of George Clarke Forbes, Marianna Forbes, Christiana Forbes, and William Henry Forbes, their only Children, and who are all Infants, 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 Ashurst, who are forthwith to summon all Parties, concerned in the Bill, and after hearing them are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Gardner et al. against Penman et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein George Gardner, Surgeon in Calcutta, and his Factors, are Appellants, and Hugh Penman and others are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar on the First vacant Day for Causes after those already appointed.

Fuller against Green.

Upon reading the Petition of John Green, Defendant in a Writ of Error depending in this House, wherein Christopher Fuller is Plaintiff, setting forth, "That the Plaintiff has 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 Plaintiff 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.

L. Onslow et al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable George Lord Onslow, Dame Elizabeth Shelley Widow and Relict of the Right Honourable Sir John Shelley Baronet, deceased, John Newnham Esquire, and Elborough Woodcock Esquire, as Guardians, and on the Behalf of Sir John Shelley Baronet, an Infant, the only Child of the said Sir John Shelley deceased, by Dame Wilhelmina Shelley, his First Wife, also deceased, and Robert Macreth Esquire, Administrator, with the Will annexed of the said Sir John Shelley deceased; 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 Ashurst, who are forthwith to summon all Parties concerned in the Bill, and after hearing them are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Douglas and Baillie against Chalmers.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Mrs. Helen Douglas and James Baillie her Husband, are Appellants, and Mrs. Elizabeth Chalmers 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.

Anderson et al. against Affect et al.:

Upon reading the Petition and Appeal of John Anderson, John Reid, David Lowson, Robert Anderson, Thomas Smart, and David Watson, all constituent Members of the Town Council of the Burgh of Kilrenny; complaining of an Interlocutor of the Lords of Session in Scotland of the 4th of March 1785; 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 meet; and that David Afflect, John Tervat, and John Lowson, pretended Baillies of the Burgh of Kilrenny, and John Watt, pretended Treasurer thereof; and Sir John Anstruther, Robert Fall Esquire, Robert Louthean, James Justice, Robert Pratt, Andrew Reid, Alexander Reid, John Bethune of Kilconquhar, Thomas Anderson, John Davidson, and Alexander Wood, Counsellors, or pretended Counsellors of the said Burgh, may be required to answer the said Appeal:"

It is Ordered, That the said David Afflect, and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Thursday the 21st Day of April next; and Service of this Order upon any of the Counsel or Agents of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Suttie to enter into Recognizance on said Appeal.

The House being moved, "That William Suttie of Gray's Inn Gentleman, may be permitted to enter into a Recognizance for John Anderson and others, on Account of their Appeal depending in this House, they residing in Scotland:"

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

Robb et al. against Thomson et al:

Upon reading the Petition and Appeal of Robert Robb Weaver, William Millar Senior, Shipmaster, and George Robb Shoemaker, all resident and habile Burgesses of the Burgh of Anstruther Wester, not only in their own Behalf respectively, but also in Behalf of the remaining Burgesses, Freemen, and Community of the same Burgh, and all others concerned or interested in the Rights and Liberties thereof; complaining of Two Interlocutors of the Lord Ordinary in Scotland of the 20th of February and 8th of March 1785; 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 meet; and that William Thomson, James Wilkie, William Millar, Andrew Meldrum, John Anstruther, John Bisset, James Carstairs, Gavin Hogg, James Patrick, Archibald Peebles, George Peebles, Sir John Anstruther, Philip Anstruther, James Kidd, and Robert Fall, may be required to answer the said Appeal:"

It is Ordered, That the said William Thomson, and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Thursday the 21st Day of April next; and Service of this Order upon any of the Counsel or Agents of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Suttie to enter into a Recognizance on said Appeal.

The House being moved, "That William Suttie of Gray's Inn Gentleman, may be permitted to enter into a Recognizance for Robert Robb and others, on Account of their Appeal depending in this House, they residing in Scotland:"

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

Judges Reports, Time enlarged for receiving.

Ordered, That the Time limited for receiving Reports from the Judges, upon Petitions presented to this House for private Bills, be enlarged to Wednesday the 13th Day of April next.

Bank of England against Pulteney:

Upon reading the Petition and Appeal of the Governor and Company of the Bank of England, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 14th of July 1783, the 21st of December 1784, and 25th of January 1785; and also of an Interlocutor of the Lords of Session there of the 4th of March 1785; and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem meet; and that William Pulteney Esquire may be required to answer the said Appeal:"

It is Ordered, That the said William Pulteney Esquire may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Thursday the 21st Day of April next; and Service of this Order upon the said Respondent, or upon any of his Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Action to enter into a Recognizance on said Appeal.

The House being moved, "That John Action, of Swithin's Lane, London, Gentleman, Solicitor to the Bank of England, may be permitted to enter into a Recognizance for the Governor and Company of the Bank of England, on Account of their Appeal depending in this House:"

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

Adjourn.

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