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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'House of Lords Journal Volume 37: April 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/pp242-253 [accessed 23 December 2024].
'House of Lords Journal Volume 37: April 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/pp242-253.
"House of Lords Journal Volume 37: April 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/pp242-253.
In this section
April 1785 21-30
DIE Jovis, 21o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Gammill against Wright.
After hearing Counsel further in the Cause, wherein James Gammill Merchant in Greenock is Appellant, and George Wright of New York Merchant is Respondent:
It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.
Bp. Hereford's Exchange Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for confirming an Exchange agreed upon between the Lord Bishop of Hereford and the Right Honourable Charles Lord Sommers, of certain Estates in the County of Hereford."
The Question was put, "Whether this Bill, shall pass?"
It was resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Anguish:
To carry down the said Bill, and desire their Concurrence there to.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum secundum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 22o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Gammill against Wright:
After hearing Counsel as well on Wednesday last as Yesterday and this Day, upon the Petition and Appeal of James Gammill Merchant in Greenock; complaining of an Interlocutor of the Lords of Session in Scotland, of the 30th of July 1784, and praying, "That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, should seem meet;" as also upon the Answer of George Wright of New York Merchant, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:
Interlocutor affirmed with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That in the Interlocutor after the Words ("modify both these to") leave out the Words ("Six hundred Pounds Sterling") and instead thereof insert ("One hundred Pounds Sterling.") And it is hereby ordered and adjudged, That with this Variation the said Interlocutor complained of in the said Appeal, be and the same is hereby affirmed.
Holt's Bill.
The Lord Scarsdale reported from the Lords Committees to whom the Bill, 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," 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.
L. King's Estate Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for vesting in Trust for Peter Lord King and his Heirs, the Inheritance in Fee-Simple of a Messuage or Dwelling House in Dover Street in the County of Middlesex, devised and limited by the Will of Thomas Lord King deceased, and for settling a Farm, Lands, and Hereditaments in the County of Surry in Lieu thereof to the Uses limited by the same Will," was committed.
Ordered, That the said Bill be engrossed.
Lizard Enclosure Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, and enclosing a certain Waste or Common called Lizard Common, within the Parish of Idsal, otherwise Shiffnal, in the County of Salop," was committed.
Arun Navigation Bill.
The Lord Scarsdale also reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, and improving the Navigation of the River Arun, from Houghton Bridge, in the Parish of Houghton in the County of Sussex, to Pallenham Wharf in the Parish of Wisborough Green in the said County; and for continuing and extending the Navigation of the said River Arun, from the said Wharf called Pallenham Wharf, to a certain Bridge called New Bridge, situate in the Parishes of Pulborough and Wisborough Green, in the said County of Sussex," 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."
Portsea Enclosure Bill.
The Lord Scarsdale also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing, and enclosing the Commons and Waste Lands, called Frodington, otherwise Fraddington, otherwise Fratton Common, and South Sea Common and Wastes, in the Guildable Part of the Parish of Portsea, and County of Southampton," was committed: "That they had considered the said Bill, and examined the Allegations thereof which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."
Which Amendments were read by the Clerk, as follow; (videlicet)
Pr. 35. L. 3. After ("only") insert ("save and except the said Vicar and his Successors")
L. 4 and 5. Leave out ("and Vicar and his Successors")
L. 6. Leave out ("their") and insert ("his")
Pr. 36. L. 28 and 29. Leave out ("or Vicar and his Successors") and in Line 29. Leave out ("their") and insert ("his")
L. 30 and 31. Leave out ("them respectively") and insert ("him")
Pr. 38. L. 24. After ("whatsoever") insert ("Provided always that no such Exchange or Exchanges shall be made by the said Vicar and his Successors, without the Consent and Approbation of the Lord Bishop of Winchester for the Time being, signified under his Hand and Seal")
Pr. 42. L. 20 and 21. After ("notwithstanding") insert ("Provided always that no Lease to be made as aforesaid, by the said Vicar and his Successors, shall be good and valid, without the Consent and Approbation of the Lord Bishop of Winchester for the Time being, signified under his Hand and Seal")
Pr. 48. L. 9. After ("Manor") insert ("and")
L. 10. Leave out ("and the said Vicar and his Successors")
L. 12. Leave out ("same allotted") and insert ("Rectorial Tithes Valued")
L. 17 and 18. Leave out ("and the said Vicar and his Successors")"
And the said Amendments, being read a Second Time, were agreed to by the House.
Ld. Teynham takes the Oaths.
This Day Henry Lord Teynham took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Bp. Bangor's Petition for further Time for receiving Judges Report.
Upon reading the Petition of John Lord Bishop of Bangor, setting forth, "That their Lordships were pleased to enlarge the Time for receiving the Judges' Report upon the Petition of the said Petitioner for a private Bill, to this Day: That the Petitioner's Agents have attended the Judges, to whom the said Petition stands referred, who proceeded therein, but have not yet been able to go through the Bill, being much engaged on other Business;" and therefore praying, Their Lordships will be pleased to enlarge the Time for receiving the said Report, until Thursday next:"
It is Ordered, That the said Report from the Judges be received on Thursday next, as desired.
A Message was brought from the House of Commons, by Mr. Marsham and others:
Cranbrooke Roads Bill.
With a Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of Two Acts, of the Second and Ninth Years of His present Majesty, for repairing and widening the Roads from the White Post on Haselden's Wood, in the Parish of Cranbrooke, to Appledore Heath, and from Milkhouse Street in the same Parish, to Castleden's Oak in the Parish of Biddenden, and from the Turnpike Road in the Parish of Tenterden, through Rolvenden to the Turnpike Road in the Parish of Newenden, in the County of Kent;" to which they desire the Concurrence of this House.
Bedfordshire Election Bill.
A Message was brought from the House of Commons, by the Lord Middleton and others:
With a Bill, intituled, "An Act to enable the House of Commons to authorize the Select Committee appointed to try the Merits of the Petition of the Honourable Saint Andrew Saint John, complaining of an undue Election for the County of Bedford, to proceed in Case the said Select Committee shall be reduced to a less Number than is prescribed by an Act made in the Tenth Year of the Reign of His present Majesty, intituled, "An Act to regulate the Trials of Controverted Elections, or Returns of Members to serve in Parliament;" to which they desire the Concurrence of this House.
Pemberton to take the Name of Cludde, Bill.
A Message was brought from the House of Commons, by Mr. Kynaston and others:
To return the 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;" and to acquaint this House, That they have agreed to the same without any Amendment.
Robb et al. against Thompson et al.
Ordered, That the Hearing of the Cause, wherein Robert Robb and others are Appellants, and William Thompson and others are Respondents, which stands appointed for this Day, be put off to Monday next; and that the Counsel be called in at One o'Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum quintum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 25o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Robb et al. against Thompson et al:
After hearing Counsel this Day upon the Petition and Appeal of Robert Robb Weaver, William Millar Senior, Shipmaster, and Robert 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 might be reversed, varied or amended, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, should seem meet:" as also upon the Answer of William Thompson, James Wilkie, William Millar, Andrew Meldrum, John Anstruther, John Bisset, James Castairs, Gavin Hogg, James Patrick, Archibald Peebles George Peebles, Sir John Anstruther, Phillip Anstruther, James Kidd, and Robert Fall put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutor affirmed, with Costs.
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: And it is further ordered, That the Appellants do pay or cause to be paid to the said Respondents the Sum of Fifty Pounds for their Costs, in respect of the said Appeal.
Lizard Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing a certain Waste or Common called Lizard Common, within the Parish of Idsal, otherwise Shiffnal, in the County of Salop."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Arun Navigation Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending and improving the Navigation of the River Arun, from Houghton Bridge in the Parish of Houghton in the County of Sussex, to Pallenham Wharf in the Parish of Wisborough Green in the said County; and for continuing and extending the Navigation of the said River Arun, from the said Wharf called Pallenham Wharf, to a certain Bridge called Newbridge, situate in the Parishes of Pulborough and Wisborough Green, in the said County of Sussex."
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. Eames and Mr. Montagu:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
L. King's Estate Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting in Trust for Peter Lord King and his Heirs, the Inheritance in Fee-simple of a Messuage or Dwelling House in Dover Street in the County of Middlesex, devised and limited by the Will of Thomas Lord King deceased, and for settling a Farm, Lands, and Hereditaments in the County of Surry, in Lieu thereof, to the Uses limited by the same Will."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Holt's Bill:
Hodie 3a 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."
The Question was put, "Whether this Bill shall pass?
It was resolved in the Affirmative.
Messages to H. C. with the Two preceding Bills.
And Messengers were, severally, sent to the House of Commons, by the former Messengers:
To carry down the said Bill, and desire their Concurrence thereto.
Portsea Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Lands called Frodington, otherwise Fraddington, otherwise Fratton Common, and South Sea Common and Wastes in the Guildable Part of the Parish of Portsea and County of Southampton."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by the former Messengers:
To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.
Bedfordshire Election Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable the House of Commons to authorize the Select Committee appointed to try the Merits of the Petition of the Honourable Saint Andrew Saint John, complaining of an undue Election for the County of Bedford, to proceed, in case the said Committee shall be reduced to a less Number than is prescribed by an Act made in the Tenth Year of the Reign of His present Majesty, intituled, "An Act to regulate the Trials of Controverted Elections or Returns of Members to serve in Parliament."
Cranbrooke Roads Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for continuing the Term and altering and enlarging the Powers of Two Acts of the Second and Ninth Years of His present Majesty, for repairing and widening the Roads from the White Post on Haselden's Wood, in the Parish of Cranbrooke to Appledore Heath, and from Milkhouse Street, in the same Parish, to Castleden's Oak, in the Parish of Biddenden, and from the Turnpike Road, in the Parish of Tenterden, through Rolvenden to the Turnpike Road in the Parish of Newenden, in the County of Kent."
Cotes et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of John Cotes of Woodcote, in the County of Salop Esquire, 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 1a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of John Cotes Esquire, in the Counties of Montgomery, Salop, and Stafford, in Trustees, to be sold for raising Money, for Payment of Debts and Incumbrances affecting the same Estates; and for other Purposes therein mentioned."
Writs of Error delivered.
The Earl of Mansfield Lord Chief Justice of the Court of King's Bench, in the usual Manner delivered in at the Table Two Writs of Error.
In the First of which,
Atkinson against the King.
Christopher Atkinson Esquire is Plaintiff,
and
The King is Defendant.
And in the other,
Clarke and Byrne against Allen.
John Clarke and Peter Byrne are Plaintiffs,
and
John Allen is Defendant.
The House was adjourned during Pleasure.
The House was resumed.
Melton Mowbray Roads Bill.
A Message was brought from the House of Commons, by Mr. Hungerford and others:
With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Fourth Year of His present Majesty's Reign, for repairing and widening the Roads from Melton Mowbray in the County of Leicester, to the Guide Post in Saint Margaret's Field, Leicester, and from the Town of Leicester to the Town of Lutterworth in the said County, and other Roads therein mentioned;" to which they desire the Concurrence of this House.
Exeter Poor Bill.
A Message was brought from the House of Commons, by Mr. Rolle and others:
With a Bill, intituled, "An Act to render more effectual several Acts of Parliament for erecting Hospitals and Workhouses within the City and County of the City of Exon, for the better employing and maintaining the Poor there, and to raise further Sums of Money for the better carrying the Purposes of the said Acts into Execution;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Bills passed by Commission.
The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."
The House was adjourned during Pleasure.
The House was resumed.
Then Three of the Lords Commissioners being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Lord Viscount Howe on his Right Hand, and the Lord Sydney on his Left, commanded the Gentleman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House to hear the Commission read."
Who being come, with their Speaker;
The Lord Chancellor said,
My Lords, and Gentlemen of the House of Commons,
"His Majesty not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned, and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons, assembled for that Purpose; which Commission you will now hear read."
Then the said Commission was read by the Clerk, as follows:
GEORGE R.
George the Third, by the Grace of God, of Great Britain, France and Ireland King, Defender of the Faith, and so forth: To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you, as hath been accustomed, the Titles, and Names of which Acts hereafter do particularly ensue, (that is to say) "An Act for raising a certain Sum of Money by Loans or Exchequer Bills for the Service of the Year One thousand Seven hundred and eighty-five." "An Act for raising a further Sum of Money by Loans or Exchequer Bills for the Service of the Year One thousand Seven hundred and eighty-five." "An Act for defraying the Charge of the Militia in that Part of Great Britain called England for One Year beginning the Twenty-fifth Day of March One thousand Seven hundred and eighty-five." "An Act to enlarge the Term and Powers of several Acts relating to the Harbour of Liverpool, and for making Two additional Docks and Piers in or near the Port of Liverpool." "An Act for the better Preservation and Improvement of the River Wear and Port and Haven of Sunderland in the County Palatine of Durham." "An Act for draining and preserving certain Low Lands within the Parish of Timberland in the County of Lincoln." "An for taking down the present Market House and certain other Buildings in the Town of Uxbridge for the Purpose of widening the High Street and for paving the Footways, and lighting and cleansing the Streets and other Places within the said Town, and removing and preventing Nuisances and Annoyances therein, and for changing the Course of the Road between Mercer's Bridge and High Bridge, and for rebuilding the said Market House." "An Act for better paving, cleansing, lighting and watching the Streets, Lanes, Yards, Courts, Alleys, and Passages within that Part of the Parish of Saint Mary Magdalen Bermondsey, in the County of Surrey, called the Water Side Division, and for removing and preventing Nuisances and Annoyances therein; and for lighting and watching certain Parts of, and belonging to the Turnpike Road leading from the East End of New Street in Southwark to Deptford in the County of Kent, within the said Water Side Division of the said Parish therein mentioned." "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 the West End of Baxter Gate in the Town of Whitby to the South End of Lockton Lane in the Parish of Middleton in the County of York." "An Act to enable the Right Honourable George Evelyn Viscount Falmouth, and others, and the Guardians of their Issue Male to make Leases of the Estates in Cornwall, devised by the Will of Hugh late Viscount Falmouth deceased, and also to grant Sets and Leases of the Mines therein." "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." "An Act for dividing and enclosing the several Open and Common Arable Fields, and the Down or Common called Colerne Down, within the Parish of Colerne in the County of Wilts." "An Act for dividing and enclosing certain Parts of the Moors, Commons, and Waste Lands within the Manor of Egleston in the County of Durham." "An Act for dividing and enclosing the Common Fields, Common Meadows, Heath and Waste Lands lying within the Manor and Parish of Meriden in the County of Warwick, pursuant to an Agreement entered into for that Purpose." "An Act for dividing and enclosing the several Common Pastures, Commons or Waste Grounds within the Townships of Wykeham and Ruston, in the Manor of Wykeham in the North Riding of the County of York." "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." And albeit the said Acts by you Our said Subjects the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; and forasmuch as for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing, that the said Acts, and every Article, Clause, Sentence, and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal and Commons aforesaid, as to all others whom it may concern; Commanding also, by these Presents, Our right trusty and well-beloved Counsellor, Edward Lord Thurlow, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also commanding Our most dear Son and Our faithful Counsellor George Prince of Wales; the most Reverend Father in God, Our right trusty and well-bebeloved Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our right trusty and well-beloved Counsellor Charles Lord Camden, President of Our Council; Our right trusty and right well-beloved Cousin and Counsellor Granville Earl Gower, Keeper of Our Privy Seal; Our right trusty and right entirely beloved Cousins and Counsellors James Duke of Chandos, Steward of Our Household; Charles Duke of Richmond; George Duke of Montagu, Master of Our Horse; Our right trusty and right well-beloved Cousins and Counsellors James Earl of Salisbury, Chamberlain of Our Household; William Earl of Mansfield, Our Chief Justice assigned to hold Pleas before Us; Our right trusty and well-beloved Cousins and Counsellors Thomas Viscount Weymouth, Groom of Our Stole; Richard Viscount Howe, First Commissioner of Our Admiralty; and Our right trusty and well-beloved Counsellors Francis Lord Osborne, one of Our principal Secretaries of State; and Thomas Lord Sydney, one other of Our principal Secretaries of State; or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words in Our Name as is requisite and hath been accustomed for the same, and also to enroll these Our Letters Patent and the said Acts in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament, and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.
Witness Ourself at Westminster, the Twenty-fifth Day of April, in the Twenty-fifth Year of Our Reign.
By the King Himself, signed with His own Hand.
"Yorke."
Then the Lord Chancellor said,
"In obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you the Lords Spiritual and Temporal, and Commons in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned, and the Clerks are required to pass the same in the usual Form and Words."
Then the Clerk Assistant having received the Money Bills from the Hands of the Speaker, brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those, and the other Bills, to be passed, severally, as follow; (videlicet)
1. "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and eighty-five."
2. "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and eighty-five."
To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)
"Le Roy remercie ses bon Sujets, accepte leur Benevolence, et ainsi le veult."
3. "An Act for defraying the Charge of the Milita in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and eighty-five."
4. "An Act to enlarge the Term and Powers of several Acts relating to the Harbour of Liverpool; and for making Two additional Docks and Piers in or near the Port of Liverpool."
5. "An Act for the better Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County Palatine of Durham."
6. "An Act for draining and preserving certain Low Lands within the Parish of Timberland in the County of Lincoln."
7. "An Act for taking down the present Market House and certain other Buildings in the Town of Uxbridge, for the Purpose of widening the High Street; and for paving the Footways, and lighting and cleansing the Streets and other Places within the said Town, and removing and preventing Nuisances and Annoyances therein; and for changing the Course of the Road between Mercer's Bridge and High Bridge; and for rebuilding the said Market House."
8. "An Act for better paving, cleansing, lighting, and watching the Streets, Lanes, Yards, Courts, Alleys, and Passages within that Part of the Parish of Saint Mary Magdalen, Bermondsey, in the County of Surrey, called the Water Side Division; and for removing and preventing Nuisances and Annoyances therein; and for lighting and watching certain Parts of and belonging to the Turnpike Road leading from the East End of New Street in Southwark, to Deptford in the County of Kent, within the said Water Side Division of the said Parish therein mentioned."
9. "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 the West End of Baxter Gate, in the Town of Whitby, to the South End of Lockton Lane in the Parish of Middleton, in the County of York."
To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)
"Le Roy le veult."
10. "An Act to enable the Right Honourable George Evelyn Viscount Falmouth, and others, and the Guardians of their Issue Male, to make Leases of the Estates in Cornwall, devised by the Will of Hugh late Viscount Falmouth, deceased; and also to grant Sets and Leases of the Mines therein."
11. "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 there from in the Purchase of other Estates situate in the County of Norfolk, to be settled to the same Uses."
12. "An Act for dividing and enclosing the several Open and Common arable Fields, and the Down or Common called Colerne Down, within the Parish of Colerne in the County of Wilts."
13. "An Act for dividing and enclosing certain Parts of the Moors, Commons, and Waste Lands within the Manor of Egleston, in the County of Durham."
14. "An Act for dividing and enclosing the Common Fields, Common Meadows, Heath and Waste Lands lying within the Manor and Parish of Meriden in the County of Warwick, pursuant to an Agreement entered into for that Purpose."
15. "An Act for dividing and enclosing the several Common Pastures, Commons or Waste Grounds within the Townships of Wykeham and Ruston in the Manor of Wykeham, in the North Riding of the County of York."
16. "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."
To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)
"Soit fait comme il est desiré."
Then the Commons withdrew.
The House was adjourned during Pleasure.
The House was resumed.
Newnham's Bill.
A Message was brought from the House of Commons, by Sir Joseph Mawbey and others:
To return the Bill, 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;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Edinburgh Communications Bill.
A Message was brought from the House of Commons, by Sir Adam Ferguson and others:
With a Bill, intituled, "An Act for opening an Easy and commodious Communication from the High Street of Edinburgh, to the Country Southward, and also from the Lawn Market to the New Extended Royalty on the North, and for enabling Trustees to purchase Lands, Houses and Areas for that Purpose; for widening and enlarging the Streets of the said City, and certain Avenues leading to the same; for rebuilding or improving the University; for enlarging the Public Markets and Communications thereto; for regulating certain Taxes; for lighting the said City; for providing an additional Supply of Water; for extending the Royalty of the said City; and for levying an additional Sum of Money for Statute Labour, in the Middle District of the County of Edinburgh;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Causes put off.
Ordered, That the Hearing of the Cause, wherein Sir Hector Munro and others are Appellants, and Robert Forbes and others are Respondents, which stands appointed for this Day, be put off to Wednesday next; and that the Cause which stands for Wednesday next, be put off to Friday next; and that the Rest of the Causes, on Cause Days, be removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum sextum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 26o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Exon. Epus. Bangor. Epus. Bristol. |
Ds. Thurlow, Cancellarius. Comes Balcarres. Comes Uxbridge. Viscount Sackville. |
Ds. King. Ds. Chedworth. Ds. Sommers. |
PRAYERS.
Anderson et al. against Affect et al.
Counsel (according to Order,) were called in to be heard in the Cause, wherein John Anderson and others are Appellants, and David Afflect and others are Respondents; being an Appeal from an Interlocutor of the Lords of Session in Scotland, of the 4th of March 1785; and the Lord Advocate for Scotland, the First Counsel for the Appellants, acquainting the House, "That the Parties had come to a Compromise, and that a Petition was preparing, praying that they might be at Liberty to withdraw their Appeal:"
The Counsel were directed to withdraw.
Ordered, That the Appellants be at Liberty to withdraw their said Appeal, as desired.
Cotes's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of John Cotes Esquire, in the Counties of Montgomery, Salop, and Stafford, in Trustees to be sold, for raising Money for Payment of Debts and Incumbrances affecting the same Estates; and for other Purposes therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
E. Balcarres. E. Uxbridge. V. Sackville. |
L. Bp. Exeter. L. Bp. Bangor. L. Bp. Bristol. |
L. King. L. Chedworth. L. Sommers. |
Their Lordships, or any Five of them, to meet on Wednesday the 11th 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.
Cranbrooke Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of Two Acts of the Second and Ninth Years of His present Majesty, for repairing and widening the Roads from the White Post on Haselden's Wood in the Parish of Cranbrooke, to Appledore Heath, and from Milkhouse Street in the same Parish, to Castleden's Oak in the Parish of Biddenden, and from the Turnpike Road in the Parish of Tenterden, through Rolvenden, to the Turnpike Road in the Parish of Newenden, in the County of Kent."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Exeter Poor Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to render more effectual several Acts of Parliament for erecting Hospitals and Workhouses within the City and County of the City of Exon; for the Better employing and maintaining the Poor there, and to raise further Sums of Money for the better carrying the Purposes of the said Acts into Execution."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Bedfordshire Election Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable the House of Commons to authorize the Select Committee appointed to try the Merits of the Petition of the Honourable Saint Andrew Saint John, complaining of an undue Election for the County of Bedford, to proceed in case the said Select Committee shall be reduced to a less Number than is prescribed by an Act made in the Tenth Year of the Reign of His present Majesty, intituled, "An Act to regulate the Trials of Controverted Elections, or Returns of Members to serve in Parliament."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put in a Committee upon the said Bill To-morrow.
Tollemache's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Honourable Wilbraham Tollemache, and the several other Persons therein mentioned, to grant Building Leases of certain Parts of Lands and Hereditaments in the County Palatine of Chester, (devised by the Will of the Right Honourable Lionel late Earl of Dysart,) upon the Terms and Restrictions therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Thursday the 12th Day of May next, at the usual Time and Place; and to adjourn as they please.
Collignon for a Naturalization Bill:
Upon reading the Petition of William Henry Collignon, praying Leave to bring in a Bill for his Naturalization:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill read.
Accordingly the Lord Chedworth presented to the House a Bill, intituled, "An Act for naturalizing William Henry Collignon."
The said Bill was read the First Time.
Beckett against Iveson et al:
Upon reading the Petition of Oliver Beckett Esquire, Appellant in a Cause depending in this House, to which George Iveson and others are Respondents, which stands appointed for Hearing, setting forth, "That the Matters in Difference in this Cause, having been settled between the Parties, the Petitioner is desirous to withdraw his Appeal;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Appeal, the Agent for the said Respondents, having signed the said Petition, as consenting thereto:"
Appeal withdrawn.
It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum septimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 27o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. Inchiquin against Fitzmaurice.
The Answer of Morough O'Bryen Earl of Inchiquin in the Kingdom of Ireland, to the Cross-Appeal of John Hamilton Fitzmaurice an Infant, by his next Friend, was this Day brought in.
Foleys against Grant et al.
The Order of the Day being read for the further Consideration of the Cause, wherein the Honourable Andrew Foley and Thomas Foley are Appellants, and John Grant and others are Respondents; and for the Judges to deliver their Opinions upon the Question of Law, proposed to them on the 13th Day of July last; (videlicet)
"Whether Edward Foley had such Interest in the Plate in Question in this Cause, as rendered the same liable to an Execution at the Suit of the Creditor, or whether the Plaintiff had any such Interest therein, as barred such Execution?"
Judges' Opinions delivered seriatim:
The Lord Chancellor acquainted the House, "That the Judges differed in their Opinions, upon the said Question."
Ordered, That the Judges present do deliver their Opinions upon the said Question seriatim, with their Reasons.
Accordingly, Mr. Justice Heath was heard upon the said Question, and delivered his Opinion, 1st, "That Edward Foley had not such an Interest in the Plate in Question, as rendered the same liable to an Execution, at the Suit of the Creditor:" and 2d, "That the Appellant Andrew Foley had such an Interest therein, as barred such Execution:" and gave his Reasons.
Then Mr. Justice Gould delivered the Opinion of Mr. Baron Perryn (who was confined to his Room by Illness) upon the said Question, 1st, "That Edward Foley had not such an Interest in the Plate in Question, as rendered the same liable to an Execution at the Suit of the Creditor:" and 2d, "That Andrew Foley, the surviving Trustee, had such an Interest therein as barred such Execution:" and gave his Reasons.
Mr. Baron Eyre was then heard upon the said Question, and delivered his Opinion, 1st, "That Edward Foley had not such an Interest in the Plate in Question, as rendered the same liable to an Execution, at the Suit of the Creditor:" and 2nd, "That Mr. Andrew Foley as surviving Trustee, of the Term of 101 Years, and not the Appellants, had such an Interest therein, as barred such Execution:" and gave his Reasons.
Mr. Justice Nares was then heard upon the said Question, and delivered his Opinion, 1st, "That Edward Foley had not such an Interest in the Plate in Question, as rendered the same liable to an Execution, at the Suit of the Creditor:" and 2nd, "That the Appellants had such an Interest therein, as barred such Execution:" and gave his Reasons.
Mr. Justice Willes was then heard upon the said Question, and delivered his Opinion, 1st, "That Edward Foley had not such an Interest in the Plate in Question, as rendered the same liable to an Execution, at the Suit of the Creditor:" and 2nd, "That the Appellant Andrew Foley had not at Law such an Interest therein, as barred such Execution:" and gave his Reasons.
Mr. Justice Gould was then heard upon the said Question, and delivered his Opinion, 1st, "That Edward Foley had not such an Interest in the Plate in Question, as rendered the same liable to an Execution, at the Suit of the Creditor:" and 2nd, "That the Plaintiffs had no such Interest therein, as barred such Right of the Creditor:" and gave his Reasons.
Whereupon the following Order and Judgement was made:
After hearing Counsel on Monday the 12th and Tuesday the 13th Days of July last, upon the Petition and Appeal of Andrew Foley and Thomas Foley an Infant of the Age of Four Years or thereabouts, by the said Andrew Foley his Father and next Friend, complaining of a Decretal Order of the Court of Chancery of the 24th of May 1783, and praying, "That the same might be reversed, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, should seem meet;" as also upon the Answer of John Grant, Robert Dallas, John Battye, John Burnell, and Henry Kitchen; and the Answer of the Honourable Edward Foley, put in to the said Appeal; and after hearing the Judges seriatim this Day to deliver their Opinions with their Reasons upon a Question of Law to them proposed, and due Consideration had of what was offered on either Side in this Cause:
Decretal Order affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be and is hereby dismissed this House; and that the said Decretal Order therein complained of be and the same is hereby affirmed.
Newgate Gaol Delivery Bill.
A Message was brought from the House of Commons, by Mr. Alderman Newnham and others:
To return the Bill, 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;" and to acquaint this House, That they have agreed to the same, with some Amendments, to which they desire their Lordships' Concurrence.
Ld. Milton's Estate Bill, Petitions against.
Upon reading the Petition of Edmund Morton Pleydell Esquire and others, and George Bingham and others Clerks, Feoffees of the School of Abbey Milton in the County of Dorset, whose Names are thereunto subscribed, taking Notice of a Bill depending in this House, intituled, "An Act for vesting a Cottage or Tenement used as and for a School House, and other Hereditaments, in or near the Town of Milton in the County of Dorset, in Joseph Lord Milton and his Heirs, in Lieu of or in Compensation for a Message or Tenement and Garden, situate and being in the Town of Blandford Forum, of greater Value;" and praying their Lordships, "That they may be heard by their Counsel against the said Bill before the Committee to whom the said Bill stands committed:"
It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees to whom the said Bill stands committed, with Liberty for the Petitioners to be heard by their Counsel against the said Bill before the said Committee, as desired; and that Counsel be heard for the Bill at the same Time, if they think fit.
Upon reading the Petition of the principal Inhabitants of Abbey Milton in the County of Dorset, and of the several Parishes and Hamlets of Hilton, Anstry, Stickland, Whatcombe, Whitchurch, Milborn Saint Andrew, Milborn Stileham, Dewlish, Cheselborne, Melcombe, Horsey, and Newton, in the said County of Dorset, near to and adjoining to Abbey Milton aforesaid, whose Names are thereunto subscribed, taking Notice of the last-mentioned Bill, and praying their Lordships, for the Reasons therein mentioned, "That their Rights may be taken into Consideration, and that no Act be passed to remove the School out of the Reach of the Petitioners, or further from its present Situation than to one of the adjoining Parishes:"
It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees to whom the said Bill stands committed, with Liberty for the Petitioners to be heard by Counsel against the said Bill before the said Committee; and that Counsel be heard for the Bill at the same Time, if they think fit.
Ordered, That all the Lords who have been present this Session, and are not named of the Committee to whom the last-mentioned Bill stands committed, be added to the said Committee.
Edinburgh Communications Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for opening an easy and commodious Communication from the High Street of Edinburgh to the Country Southward, and also from the Lawn Market to the new extended Royalty on the North, and for enabling Trustees to purchase Lands, Houses, and Areas for that Purpose; for widening and enlarging the Streets of the said City and certain Avenues leading to the same; for rebuilding or improving the University; for enlarging the Public Markets and Communications thereto; for regulating certain Taxes; for lighting the said City; for providing an additional Supply of Water; for extending the Royalty of the said City; and for levying an additional Sum of Money for Statute Labour in the Middle District of the County of Edinburgh."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Tuesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Bedfordshire Election Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable the House of Commons to authorize the Select Committee appointed to try the Merits of the Petition of the Honourable Saint Andrew Saint John, complaining of an undue Election for the County of Bedford, to proceed in case the said Select Committee shall be reduced to a less Number than is prescribed by an Act made in the Tenth Year of the Reign of His present Majesty, intituled, "An Act to regulate the Trials of controverted Elections or Returns of Members to serve in Parliament."
After some Time, the House was resumed:
And the Lord Scarsdale reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Parnell's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates of Hugh Parnell a Lunatic, in Trustees to be sold, for Payment of his Debts and Incumbrances, under the Direction of the Court of Chancery."
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 13th Day of May next, at the usual Time and Place; and to adjourn as they please.
Sir W. Maxwell Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Sir William Maxwell of Monrieth Baronet, for himself and in Behalf of his infant Children; 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 the Estate of Drummodie and others, lying in the County of Wigton, in Sir William Maxwell of Munrieth (fn. 1) Baronet, in Fee-tail, and for vesting in the said Sir William Maxwell, his Heirs and Assigns, in Fee-Simple, the Estate of Little Killantrae and others, lying in the same County, in Lieu thereof."
Wharton's Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting the Estates devised by the Will of Anthony Wharton Esquire, deceased, situate and being in the County of York, in Trustees to be sold, for Payment of the Debts and Incumbrances affecting the same; and for laying out the Surplus of the Purchase Money upon the Trusts, and for the Purposes therein expressed," 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.
Exeter Poor Bill.
The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act to render more effectual several Acts of Parliament, for erecting Hospitals and Workhouses within the City and County of the City of Exon, for the better employing and maintaining the Poor there, and to raise further Sums of Money for the better carrying the Purposes of the said Acts into Execution," 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."
Collignon takes the Oaths in order to his Naturalization.
William Henry Collignon took the Oaths appointed, in order to his Naturalization.
Causes put off.
Ordered, That the Hearing of the Cause, wherein Sir Hector Munro and others are Appellants, and Robert Forbes 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, vicesimum octavum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 28o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Johnston et al. against Tenant et al.:
This Day being appointed for hearing the Cause, upon the Petition and Appeal of Andrew Johnston, John Chalmers and William Gray Senior Baillies, and Sir John Anstruther Baronet, Philip Anstruther Paterson Esquire, Andrew Johnston of Pitkeirie, Gavin Hogg, Andrew Dickieson, John Caithness, James Mercer, Thomas Ballardie, James Westwater, Robert Young, Andrew Innes and Archibald Brown, Counsellors of the Borough of Anstruther Easter; complaining of an Interlocutor of the Lords of Session in Scotland, of the 25th of February 1785; and praying, "That the same might be reversed, varied, or altered, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, should seem meet;" to which Appeal Alexander Tenant, and William Gray Junior, Constituent Members of the Coun cil of the Burgh of Anstruther Easter, for the Year One thousand Seven hundred and eighty-four, are Respondents; Counsel appeared for the Appellants, but no Counsel appearing for the Respondents, and the Appellants Counsel having been fully heard:
The Counsel were directed to withdraw.
Interlocutor reversed.
Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor, complained of in the said Appeal, be and the same is hereby reversed.
Tunstead Poor Bill.
A Message was brought from the House of Commons, by Sir John Wodehouse and others:
With a Bill, intituled, "An Act for the better Relief and Employment of the Poor within the Hundreds of Tunstead and Happing, in the County of York;" to which they desire the Concurrence of this House.
Penryn Roads Bill.
A Message was brought from the House of Commons, by Sir John St. Aubyn and others:
With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Third Year of the Reign of His present Majesty, for amending and widening the Roads leading from New Street and Pig Street in Penryn in the County of Cornwall, to Redruth in the same County;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Sir W. Maxwell's Estate Bill.
Hodie 2a vice lecta est Billa, intituled, " An Act for vesting the Estate of Drummodie and others, lying in the County of Wigton, in Sir William Maxwell of Munreith Baronet, in Fee-tail, and for vesting in the said Sir William Maxwell, his Heirs and Assigns, in Feesimple, the Estate of Little Killantrae and others, lying in the same County in Lieu thereof."
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 the 13th Day of May next, at Ten o'Clock in the Forenoon, in the Princes' Lodgings, near the House of Peers; and to adjourn as they please.
Collignon's Naturalization Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing William Henry Collignon."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet To-morrow at the usual Time and Place; and to adjourn as they please.
Wharton's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Estates devised by the Will of Anthony Wharton Esquire, deceased, situate and being in the County of York, in Trustees, to be sold for Payment of the Debts and Incumbrances affecting the same; and for laying out the Surplus of the Purchase Money upon the Trusts, and for the Purposes therein expressed."
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. Eames and Mr. Montagu:
To carry down the said Bill, and desire their Concurrence thereto.
Exeter Poor Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to render more effectual several Acts of Parliament for erecting Hospitals and Workhouses within the City and County of the City of Exon; for the better employing and maintaining the Poor there; and to raise further Sums of Money for the better carrying the Purposes of the said Acts into Execution."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Bedfordshire Election Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable the House of Commons to authorize the Select Committee appointed to try the Merits of the Petition of the Honourable Saint Andrew Saint John, complaining of an undue Election for the County of Bedford, to proceed, in case the said Select Committee shall be reduced to a less Number than is prescribed by an Act made in the Tenth Year of the Reign of His present Majesty, intituled, "An Act to regulate the Trials of Controverted Elections or Returns of Members to serve in Parliament."
The Question was put, " Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were, severally, sent to the House of Commons, by the former Messengers:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Newgate Goal Delivery Bill.
The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, 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."
And the same, being read Three Times by the Clerk, were agreed to by the House.
And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.
Edinburgh Communications Bill, Petition against.
Upon reading the Petition of Robert Mylne, taking Notice of a Bill depending in this House, intituled, "An Act for opening an easy and commodious Communication from the High Street of Edinburgh to the Country Southward; and also from the Lawn Market to the new extended Royalty on the North; and for enabling Trustees to purchase Lands, Houses, and Areas for that Purpose; for widening and enlarging the Streets of the said City, and certain Avenues leading to the same; for rebuilding or improving the University; for enlarging the Public Markets and Communications thereto; for regulating certain Taxes; for lighting the said City; for providing an additional Supply of Water; for extending the Royalty of the said City; and for levying an additional Sum of Money for Statute Labour in the Middle District of the County of Edinburgh;" and praying for the Reasons therein mentioned, " That sufficient Time may be allowed for the Persons whose Property is affected by the said Bill to appear by Petition, if they find Cause, against the Powers intended to be granted, if the said Bill shall pass into a Law."
It is Ordered, That the said Petition do lie on the Table.
Fitzmaurice against E. Inchiquin.
The House being moved, "That the Cross Appeal, wherein John Hamilton Fitzmaurice an Infant, is Appellant, and Morough O'Bryan Earl of Inchiquin in the Kingdom of Ireland is Respondent, may be set down to be heard on Monday the 2d Day of May next; to which Day the further Consideration of the original Cause stands adjourned:"
It is Ordered, That this House will hear the said Cross Appeal by Counsel at the Bar, on Monday the 2d Day of May next.
Upon reading the Petition of John Hamilton Fitzmaurice an Infant, Appellant in a Cause depending in this House, and of Morough O'Bryan Earl of Inchiquin in the Kingdom of Ireland, Respondent thereto, setting forth, "That the Cross Appeal is set down to be heard on Monday next, being the Day to which the further Consideration of the original Appeal stands adjourned: That the Petitioners finding it will be necessary to deliver Cases in the Cross Appeal, and to reprint their Cases in the Original Appeal, apprehend they cannot be prepared with their Cases by that Day;" and therefore praying their Lordships, "That the Hearing of the Cross Appeal, and the further Consideration of the Original Appeal may be adjourned to Wednesday the 11th of May next, or to such other Day as their Lordships shall be pleased to appoint:"
It is Ordered, That the hearing of the said Cross Appeal, and the further Consideration of the Original Appeal, be adjourned to Wednesday the 11th of May next, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum nonum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 29o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Sir H. Munro et al. against Forbes et al.
After hearing Counsel in Part in the Cause, wherein Sir Hector Munro and others are Appellants, and Robert Forbes and others are Respondents:
It is Ordered, That the further Hearing of the said Cause be put off to Monday next; and that the Cause which stands for Monday next be put off to Wednesday next; and that the rest of the Causes on Cause Days be removed in Course.
Tunstead, &c. Poor Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor within the Hundreds of Tunstead and Happing in the County of Norfolk."
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 next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Mercer against Representatives of John Duff.
The House being informed, "That the Representatives of John Duff, Respondents to the Cross Appeal of William Mercer of Aldie Esquire and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"
And thereupon an Affidavit of Alexander McIntosh, of the due Service of the said Order, being read:
Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.
Bp. Bangor et al. Petition to enlarge Time for receiving Judges' Report.
Upon reading the Petition of John Lord Bishop of Bangor and others, setting forth, "That their Lordships were pleased to enlarge the Time for receiving the Judges' Report upon their Petition for a private Bill to this Day; that the Petitioners' Agents have attended the Judges, to whom the said Petition stands referred, who proceeded therein, but have not yet been able to go through the Bill, being much engaged on other Business;" and therefore praying, Their Lordships will be pleased to enlarge the Time for receiving the said Report until Thursday next:"
It is Ordered, That the said Report from the Judges be received on Thursday next, as desired.
Cranbrooke Roads Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term and altering and enlarging the Powers of Two Acts of the Second and Ninth Years of His present Majesty, for repairing and widening the Roads from the White Post on Haselden's Wood in the Parish of Cranbrooke, to Appeldore Heath, and from Milkhouse Street in the same Parish, to Castleden's Oak in the Parish of Biddenden, and from the Turnpike Road in the Parish of Tenterden, through Rolvenden to the Turnpike Road in the Parish of Newenden in the County of Kent," 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."
Collignon's Naturalization Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing William Henry Collignon," was committed.
Ordered, That the said Bill be engrossed.
Coxe's Bill.
The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain detached Parts of the settled Estates of Henry Hippisley Coxe Esquire in Somersetshire, in Trustees to be sold, and for laying out the PurchaseMoney in other Estates to be settled to the same Uses, and for enabling the Tenants for Life to grant as well Leases of the Coal Mines as other Leases," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."
Which Amendments, being read twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Shaftoe's Charity Bill.
The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for better regulating the Charity of John Shaftoe, of Nether Warden in the County of Northumberland Clerk, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."
Which Amendments, being read twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Lateward for a Name Bill.
Upon reading the Petition of John Lateward, praying "Leave to bring in a Bill for the Purpose of confirming and establishing the Surname and Arms of Lateward to and upon him and the Issue of his Body inheritable under the Will of Richard Lateward Esquire, pursuant to the Directions therein contained:"
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Pickering &c. Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Duncombe and others:
With a Bill, intituled, "An Act for dividing and enclosing certain Commons and Waste Lands within the Townships of Pickering and Newton in the North Riding of the County of York;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Public Offices Bill.
A Message was brought from the House of Commons, by Mr. Rose and others:
To return 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;" and to acquaint this House, That they have agreed to their Lordships' Amendments made thereto, with an Amendment; to which they desire their Lordships' Concurrence.
Bridgeman to take the Name of Simpson, Bill.
A Message was brought from the House of Commons, by Mr. Hopkins and others:
With a Bill, intituled, " An Act to enable John Simpson, (lately called John Bridgeman,) Esquire, and the Heirs Male of his Body, to take and use the Surname of Simpson, pursuant to the Will of William Simpson Esquire deceased; and also to bear the Arms belonging to the Family of Simpson;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, secundum diem Maii, jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.