House of Lords Journal Volume 37: April 1786 1-10

April 1786 1-10

DIE Lunæ, 3^o Aprilis 1786.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thomson against M^cMillan.

The Answer of Malcolm M^cMillan, Commander of the Ship Glasgow, to the Appeal of William Thomson, late Commander of the Defiance Letter of Marque, was this Day brought in.

Walker against Fletcher.

As was also the Answer of Mrs. Jean Fletcher, otherwise Gordon, to the Appeal of William Walker Factor.

Wiveliscombe Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending and widening several Roads, leading from and through the Town of Wiveliscombe, in the County of Somerset, and other Roads adjoining or near thereto."

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

It was resolved in the Affirmative.

Minehead Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, passed in the Fifth Year of His present Majesty's Reign, for repairing and widening several Roads leading from the Port, Town, and Borough of Minehead and from Dunster and Watchet, in the County of Somerset."

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

It was resolved in the Affirmative.

West Pennard Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, enclosing, and allotting certain Moors, Commons, or Waste Lands, lying and being within the Parish of West Pennard, in the County of Somerset."

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 Three preceding Bills.

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

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

E. Coventry et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of George William Earl of Coventry and others, praying Leave to bring in a private Bill, for the Purposes therein mentioned.

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to effectuate and establish an Exchange, between the Right Honourable Henry Fredrick Lord Carteret and his Trustees, with the Master, Fellows, and Scholars of the College of the Lady Frances Sydney Sussex, in the University of Cambridge, of the Advowson and Right of Patronage, of and to the Rectory of Saint Mary Week, otherwise Week Saint Mary, in the County of Cornwall, for the Advowson and Right of Patronage of and to the Vicarage of Wilstead, otherwise Wilhampstead, in the County of Bedford."

Great Grims by Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, passed in the Fifth Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening the Road from Great Grimsby Haven, at or near a Place called the Upper Sand End to Wold Newton Church, and from Nuns Farm to the Mill Field, in the Parish of Irby in the County of Lincoln."

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

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

Deal, &c. Small Debts Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Town and Borough of Deal, and the Parishes of Ripple, Sutton, Northbourne, Great Mongeham, Little Mongeham, Tilmanstone, Betshanger, Ham, and Sholden, 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 on the same Day at the same Place, and to adjourn as they please.

Spittlegate Hill Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Sixth Year of the Reign of His present Majesty King George the Third, and also of Two Acts made one in the Twelfth Year of the Reign of King George the First, and the other in the Twelfth Year of the Reign of King George the Second, so far as the said Two Acts relate to the Road from Spittlegate Hill to Foston Bridge, in the County of Lincoln."

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.

Plymouth Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend and render more effectual, Two Acts made in the Sixth Year of the Reign of Queen Anne, and the Thirty-second Year of the Reign of His late Majesty King George the Second, for erecting a Workhouse in the Town and Borough of Plymouth, in the County of Devon, and for setting the Poor on Work, and maintaining them there; and for obliging the Mayor and Commonalty of Plymouth to contribute towards the County Rates of Devon; and for applying for the Relief of the Poor in the said Workhouse, certain Surplus Monies which have formerly arisen by the Assessment for raising the Land Tax in the said Town; and for granting further Power to the Guardians of the Poor of the Town of Plymouth, in the County of Devon:"

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.

Williams against Sellers et al:

Upon reading the Petition of Dorcas Seller and others, Defendants in a Writ of Error depending in this House, wherein Thomas Williams 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 Petitioners 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 their Costs, by Reason of the Delay of the Execution of the said Judgement.

Walker against Fletcher.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein William Walker is Appellant, and Mrs. Jean Fletcher, otherwise Gordon, 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.

Thomson against M^cMillan.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein William Thomson is Appellant, and Malcolm M^cMillan 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.

Parker against Wells, in Error: Assignment filed beyond Time.

A Petition of John Dewye Parker Esquire, Plaintiff in a Writ of Error depending in this House, wherein John Wells is Defendant, was presented and read; setting forth, "That the said Writ of Error was brought into this House on the 23d Day of March last: That the Defendant's Agent having caused the said Writ to be brought up, the Petitioner's Agent had no Notice thereof till Saturday last: That pursuant to their Lordships' standing Order, the Petitioner should have filed his Assignment of Errors on Friday last, but owing to such short Notice, the same could not be prepared and brought to be filed before that Day, when his Agent was informed, it could not be received, being out of Time: That in regard the said Writ of Error is brought to determine a Question of Law of great Importance, upon which the Courts below have differed in Opinion, and not for Delay, the Petitioner's Cases being already printed for Argument before their Lordships;" the Petitioner therefore prays, "That, for the Reasons above stated, he may be permitted to file his Assignment of Errors though out of Time, the Agent for the said Defendant having signed the said Petition as consenting thereto."

And thereupon the Agents on both Sides were called in, and the Agent for the Petitioner only appearing, was heard at the Bar;

And being withdrawn:

Ordered, That the Petitioner be at Liberty to file his said Assignment of Errors though out of Time, as desired.

Fletcher against Walker et al.

Upon reading the Petition and Cross-Appeal of Mrs. Jean Fletcher otherwise Gordon, some Time Widow of the deceased Andrew Fletcher of Saltoun Esquire, and now Wife of Lewis Gordon of Teichmurie Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the 23d of June 1785, and also of certain Parts of Four other Interlocutors of the said Lords, of the 8th of July, the 24th of November, and the 10th and 22d of December 1785; and praying, "That the same may be reversed, varied, or amended, in so far as the same are complained of, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem proper; and that William Walker, Attorney in the Court of Exchequer in Scotland, Alexander Farquharson, Accountant in Edinburgh, and Lewis Gordon of Teichmurie Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said William Walker, Alexander Farquharson, and Lewis Gordon, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 1st Day of May next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Dumbarton Highways and Bridges Bill.

A Message was brought from the House of Commons, by Captain Elphinstone and others:

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

The said Bill was read the First Time.

York Buildings Company against Ld. Elphinstone.

Ordered, That the Hearing of the Cause wherein The Governor and Company of Undertakers for raising Thames Water in York Buildings, are Appellants, and John Lord Elphinstone is Respondent, which stands appointed for To-morrow, be put off to Thursday next.

Civil List, Accounts respecting delivered.

The Lord Sydney (by His Majesty's Command) laid before the House,

An Accompt shewing the Monies remaining in the Exchequer for the Uses of His Majesty's Civil Government, on the 5th of January 1785: The Monies arisen and applicable to the same between the said 5th of January 1785, and the 5th of January 1786, with the Amount of the Demands unpaid on the 5th January 1785, and of the Charge for the Year, ended the 5th of January 1786, (as near as the same can be ascertained) the Payments made in the said Year ended the 5th of January 1786, the Amount of the Demands unsatisfied, and the Monies remaining and applicable towards discharging the same."

And also, "An Accompt of the Debt of His Majesty's Civil Government, due and unpaid on the 5th of January 1786, with the Money applicable towards the Discharge of the same."

And the Title thereof being read by the Clerk:

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Wednesday next.

East India Regulation Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to explain and amend certain Provisions of an Act, made in the Twenty-fourth Year of the Reign of His present Majesty, respecting the better Regulation and Management of the Affairs of the East India Company; and for the Lords to be summoned."

The House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

And the Lord Scarsdale reported from the Committee, "That they had gone through the Bill, and made several Amendments thereto, which he was ready to report when the House will please to receive the same."

Ordered, That the said Report be received on Thursday next, and that the Lords be summoned.

Adjourn.

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

DIE Martis, 4^o Aprilis 1786.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Paterson et al. against Broomfield:

Upon reading the Petition of Mrs. Anne Paterson and others, Appellants in a Cause depending in this House, and of Major Stephen Broomfield Respondent thereto; setting forth, " That this Cause was heard before their Lordships in the last Session of Parliament, and remitted back to the Court of Session for all Persons in being intitled under the Limitations in 1743, to be made Parties and heard for their Interest: That all Parties were accordingly brought before the said Court, and the Cause having been fully heard, an Interlocutor was pronounced on the 10th of March last, against which Interlocutor the present Appeal is brought: That various Persons, Creditors interested in the Event of this Cause, have already been put to great Inconvenience by being kept so long out of their Money; and if this Appeal should be delayed till another Session, they must still suffer greater Hardships: That all the Parties in the Cause are anxious that it should be brought as speedy as possible to a final Judgement;" and therefore praying their Lordships, "To appoint this Cause to be heard on the First vacant Bye-Day after the Recess of Easter."

It is Ordered, That this House will hear the said Cause by Counsel at the Bar on the First vacant ByeDay after the Recess of Easter, as desired.

Bistall Road Bill.

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

With a Bill, intituled, "An Act for continuing and amending an Act of the Fifth Year of His present Majesty, for amending and widening the Road from the Sign of the Coach and Horses in Birstall, to the Turnpike Road at Nunbrook, and from Bradley Lane to the Town of Huddersfield in the West Riding of the County of York;" to which they desire the Concurrence of this House.

Oxford Canal Bill.

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

With a Bill, intituled, "An Act to amend and render effectual Two Acts of the Ninth and Fifteenth Years of His present Majesty, for making and maintaining a Navigable Canal from the Coventry Canal Navigation to the City of Oxford;" to which they desire the Concurrence of this House.

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

Tress's Bill.

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

To return the Bill, intituled, "An Act for vesting the settled Estates of Stephen Tress in the County of Sussex in Trustees, to convey the same pursuant to an Agreement for the Sale thereof, and for laying out the Money in the Purchase of other Lands and Hereditaments to be settled to the like Uses, and to acquaint this House, That they have agreed to the same, without any Amendment."

Spittlegate Hill Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act made in the Sixth Year of the Reign of His present Majesty King George the Third, and also of Two Acts made one in the Twelfth Year of the Reign of King George the First, and the other in the Twelfth Year of the Reign of King George the Second, so far as the said Two Acts relate to the Road from Spittlegate Hill to Foston Bridge in the County of Lincoln;" 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."

Great Grimsby 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 Fifth Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening the Road from Great Grimsby Haven at or near a Place called the Upper Sand End to Wold Newton Church, and from Nuns Farm to the Mill Field, in the Parish of Irby in the County of Lincoln;" was committed.

Deal, &c. small Debts Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for the more easy and speedy Recovery of small Debts within the Town and Borough of Deal, and the Parishes of Ripple, Sutton, Northbourne, Great Mongeham, Little Mongeham, Tilmanstone, Betshanger, Ham and Sholden, in the County of Kent;" was committed.

Plymouth Poor Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to amend and render more effectual Two Acts made in the Sixth Year of the Reign of Queen Anne, and the Thirty-second Year of the Reign of His late Majesty King George the Second, for erecting a Workhouse in the Town and Borough of Plymouth in the County of Devon, and for setting the Poor on Work, and maintaining them there; and for obliging the Mayor and Commonalty of Plymouth to contribute towards the County Rates of Devon; and for applying for the Relief of the Poor in the said Workhouse certain Surplus Monies which have formerly arisen by the Assessment for raising the Land Tax in the said Town; and for granting further Power to the Guardians of the Poor of the Town of Plymouth in the County of Devon;" was committed.

Gordon against Tait.

Upon reading the Petition of Alexander Gordon Es quire, Appellant in a Cause depending in this House, to which John Tait Esquire is Respondent, which stands appointed for a further Hearing this Day; setting forth, That the Parties in this Cause having come to an Agreement, the Appellant begs Leave to withdraw his Appeal;" and therefore praying their Lordships, That he may be at Liberty to withdraw his said Appeal, the Agent for the Respondent 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, quintum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 5^o Aprilis 1786.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fraser et al. against Hall.

After hearing Counsel in Part in the Cause wherein Alexander Fraser of Stricken Esquire and others are Appellants, and William Hall Esquire of Whitehall is Respondent.

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

York Buildings Company against L. Elphinstone.

Ordered, That the Hearing of the Cause wherein the Governor and Company of Undertakers for raising Thames Water in York Buildings are Appellants, and John Lord Elphinstone is Respondent, which stands appointed for To-morrow, be put off to Tuesday next.

Great Grimsby Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, passed in the Fifth Year of the Reign of His present Majesty, intituled, An Act for repairing and widening the Road from Great Grimsby Haven, at or near a Place called the Upper Sand End, to Wold Newton Church, and from Nuns Farm to the Mill Field, in the Parish of Irby, in the County of Lincoln."

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

It was resolved in the Affirmative.

Spittlegate Hill Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act made in the Sixth Year of the Reign of His present Majesty King George the Third, and also of Two Acts made, one in the Twelfth Year of the Reign of King George the First, and the other in the Twelfth Year of the Reign of King George the Second, so far as the said Two Acts relate to the Road from Spittlegate Hill to Foston Bridge in the County of Kent."

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

It was resolved in the Affirmative.

Deal, &c. small Debts Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of small Debts within the Town and Borough of Deal and the Parishes of Ripple, Sutton, Northbourne, Great Mongeham, Little Mongeham, Tilmanstone, Betshanger, Ham, and Sholden, in the County of Kent."

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

It was resolved in the Affirmative.

Plymouth Poor Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend and render more effectual Two Acts made in the Sixth Year of the Reign of Queen Anne, and the Thirty Second Year of the Reign of His late Majesty King George the Second; for erecting a Workhouse in the Town and Borough of Plymouth, in the County of Devon; and for setting the Poor on Work, and maintaining them there; and for obliging the Mayor and Commonalty of Plymouth to contribute towards the County Rates of Devon; and for applying for the Relief of the Poor in the said Workhouse, certain Surplus Monies which have formerly arisen by the Assessment for raising the Land Tax in the said Town; and for granting further Power to the Guardians of the Poor of the Town of Plymouth, in the County of Devon."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Four preceding Bills.

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

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

V. Gallway et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable Robert Arundell Lord Gallway of the Kingdom of Ireland, 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 said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Estates in the County of Nottingham, entailed by the Will of the Right Honourable Henry William Arundell Viscount Gallway, in Trustees to be sold, and for laying out the Money arising therefrom in the Purchase of Estates situate in the West Riding of the County of York, to be settled to the same Uses."

Oxford Canal Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend and render effectual Two Acts of the Ninth and Fifteenth Years of His present Majesty, for making and maintaining a Navigable Canal from the Coventry Canal Navigation to the City of Oxford."

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

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

The House was adjourned, during Pleasure.

The House was resumed.

Crich, &c. Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the several Commons and Waste Grounds within the Manors of Crich and Southwingfield in the County of Derby;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Civil List, Address on His Majesty's Message respecting.

The Order of the Day being read for taking into Consideration His Majesty's most gracious Message to this House on Wednesday last; and for the Lords to be summoned.

The said Message was read by the Clerk.

Moved, "That an humble Address be presented to His Majesty, to return His Majesty the Thanks of this House for His Majesty's Most Gracious Message, and to assure His Majesty of the dutiful and affectionate Attachment of this House to His Majesty's Person and Government, and that firmly relying on His Majesty's constant Attention to the Ease and Welfare of His faithful People, this House will readily and chearfully concur in enabling His Majesty to provide such Means, as shall be thought proper, to remove the Difficulties occasioned by the Debt contracted in His Civil Government."

Then it was moved, "That the following Part of His Majesty's Speech of the 5th of December 1782, might be read:"

The same was accordingly read by the Clerk as follows:

I have endeavoured by every Measure in My Power to diminish the Burthens of My People; I lost no Time in taking the most decided Measures for introducing a better Œconomy into the Expenditure of the Army.

I have carried into strict Execution the several Reductions in My Civil List Expences, directed by an Act of the last Sessions. I have introduced a further Reform into other Departments, and suppressed several sinecure Places in them. I have by this Means so regulated My Establishments, that My Expence shall not in future exceed My Income."

Ordered, Nemine Dissentiente, That an humble Address be presented to His Majesty, to return His Majesty the Thanks of this House for His most gracious Message, and to assure His Majesty of the dutiful and affectionate Attachment of this House to His Majesty's Person and Government, and that, firmly relying on His Majesty's constant Attention to the Ease and Welfare of His faithful People, this House will readily and cheerfully concur in enabling His Majesty to provide such Means as shall be thought proper to remove the Difficulties occasioned by the Debt contracted in His Civil Government.

Ordered, That the said Address be presented to His Majesty by the Lords with white Staves.

Adjourn.

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

DIE Jovis, 6^o Aprilis 1786.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Delavalle et al. against Grove et al.

The Answer of Martha Grove and others, to the Appeal of Abraham Delavalle and others, was this Day brought in.

Fraser et al. against Hall:

After hearing Counsel as well Yesterday as this Day, upon the Petition and Appeal of Alexander Fraser of Stricken Esquire, Mr. Simon Fraser of Faroline, Advocate, Major James Fraser of Belladrum, LieutenantColonel Simon Fraser of the late 71st Regiment of Foot, and James Fraser of Edinburgh, one of the Clerks to the Signet, Trustees of the Estates of the late Lieutenant General Simon Fraser of Lovat; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 25th of February, the 28th of June, and 23d of July 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 Hall Esquire, of Whitehall, 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.

Boddam and Stackhouse against Ryley et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Rawson Hart Boddam and Nathaniel Stackhouse Esquires are Appellants, and John Ryley Clerk and Martha his Wife 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.

Rolle et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Denys Rolle of Hudscott in the County of Devon 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 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of Denys Rolle and John Rolle Esquires, in Trustees, upon Trusts to sell the same, and to purchase Estates contiguous to the principal Estates of the said Denys Rolle and John Rolle, to be settled to the Uses of the Estates vested in Trustees for Sale."

Crich, &c. Enclosure Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Commons and Waste Grounds within the Manors of Crich and South-Wingfield in the County of Derby."

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

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

King's Consent signified to it.

The Lord Chancellor acquainted the House, "That His Majesty, having been informed of the Contents of the last mentioned Bill, was pleased to consent, (as far as His Majesty's Interest is concerned,) That their Lordships may proceed therein as they shall think fit."

E. Cork et al. Petition referred to Judges:

Upon reading the Petition of the Right Honourable Edmund Earl of Cork and Orrery in the Kingdom of Ireland, and Baron Boyle of Marston in the County of Somerset, Lord of the Manor of Marston Bigot in the said County of Somerset, and the Rector of the Rectory and Parish Church of Marston Bigot aforesaid, and the Churchwardens and Overseers of the Poor of the said Parish, whose Names are thereunto subscribed; 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 Nares 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.

Delavalle et al. against Grove et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Abraham Delavalle and others are Appellants, and Martha Grove 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.

Salop Gaol Bill.

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

With a Bill, intituled, "An Act for building a new Gaol and House of Correction for the County of Salop, and the several Boroughs, Towns Corporate, Liberties, Franchises, and Places within the same; and for explaining and amending an Act made in the Twenty-third Year of His present Majesty, intituled, An Act for building a new Shirehall and Guildhall for the County of Salop and the Town of Shrewsbury in the said County, and for the other Purposes therein mentioned;" to which they desire the Concurrence of this House.

Sandwich, &c. Small Debts Bill.

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

With a Bill, intituled, "An Act for the more easy and speedy Recovery of small Debts within the Town and Port of Sandwich and Vill of Ramsgate, and the Parishes of Minster and Saint Lawrence in the Isle of Thanet, Walmer, Ash next Sandwich, Eastry, Wingham, Staple, Goodnestone next Wingham, Chillenden, Nonnington, Woodnesborough otherwise Winsborow, Eythorne, Word otherwise Worth, Elmestone, Preston next Wingham, Ickham and Wickhambreux, in the County of Kent;" to which they desire the Concurrence of this House.

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

Oxford Canal Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend and render effectual Two Acts of the Ninth and and Fifteenth Years of His present Majesty, for making and maintaining a Navigable Canal from the Coventry Canal Navigation to the City of Oxford," 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."

East India Regulation Bill.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act to explain and amend certain Provisions of an Act made in the Twenty-fourth Year of the Reign of His present Majesty, respecting the better Regulation and Management of the Affairs of the East India Company;" and for the Lords to be summoned:

The Lord Scarsdale accordingly reported the said Amendments.

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

Pr. 3. L. 5. After ("least") insert ("in the whole resident in India")

L. 7. After ("Service") leave out ("in India")

Pr. 6. L. 19. After ("this") insert ("or in any former")

Pr. 12. L. 6. After ("the") leave out ("Sickness, Absence")

Pr. 13. L. 6. After ("Presidency") insert ("or his Deputy for the Time being")

Pr. 14. L. 4. After ("India in") insert the Words ("the Civil Line of")

L. 16. After ("India in") insert ("the Civil Line of")

L. 27. After ("Company's") insert ("Civil")

L. 37. After ("Company's") insert ("Civil")

Pr. 15. L. 6. After ("Person") leave out ("in the")

L. 7. Leave out ("Company's Service in India"), and in the same Line after ("shall") insert ("for the future")

L. 8. After ("capable of") leave out ("holding at the same")

L. 9. Leave out ("Time") and insert ("taking in the Civil Line of the Company's Service")

L. 10. After ("Employments") insert ("the joint Amount of the"), and in the same Line leave out ("whose")

L. 11. After ("Emoluments") insert ("of which")

L. 13. Leave out ("the")

L. 13 and 14. After ("Emoluments") leave out to ("Regulations") in Line 19, and insert ("respectively prescribed in the")

L. 19 and 20. After ("Restrictions") leave out ("of this Act") and insert ("before mentioned")"

And the Five first Amendments, being again read by the Clerk, were severally agreed to by the House.

The Four next Amendments, being again read, were disagreed to by the House.

The rest of the Amendments, being again read, were severally agreed to by the House.

Then the following Amendments were proposed to be made by the House to the said Bill:

Pr. 9. L. 37. Leave out from ("Execution") to ("and") in Pr. 11. L. 8.

Pr. 13. L. 8. After ("Governor") insert ("or President")

Pr. 15. L. 12. After ("Annual") interlined in the Bill, leave out ("Amount of")

Pr. 18. L. 32. After ("Presidencies") insert ("aforesaid")"

The same were agreed to, and ordered accordingly.

Westbury Poor Bill.

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

With a Bill, intituled, "An Act for the Appointment of an additional Overseer for the better Government of the Poor of the Parish of Westbury in the County of Wilts;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

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 Veneris, septimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 7^o Aprilis 1786.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hill against Buchanans.

Ordered, That the Hearing of the Cause, wherein James Hill Writer in Glasgow is Appellant, and George Buchanan and John Buchanan Merchants, are Respondents, which stands appointed for this Day, be put off to Monday next; and that the Counsel be called in at Twelve o'Clock.

East India Regulation Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend certain Provisions of an Act made in the Twenty-fourth Year of the Reign of His present Majesty, respecting the better Regulation and Management of the Affairs of the East India Company."

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Eames:

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

Crich, &c. Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, and enclosing the several Commons and Waste Grounds, within the Manors of Crich and South-Wingfield, in the County of Derby," 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. 20. L. 9. After ("Act") insert ("Provided always that no Exchange of any Land, House, Barn, or Building shall be made under this Act, by the Vicars of Crich and South-Wingfield aforesaid, without the Consent and Approbation of the Lord Bishop of Litchfield and Coventry, for the Time being")

L. 10. Leave out ("always") and insert ("also")

Pr. 29. L. 25. After ("only") insert ("other than and except the Vicars of Crich and South-Wingfield aforesaid, for the Time being")

Pr. 33. L. 9. After ("only") insert ("other than and except the Vicars of Crich and South-Wingfield aforesaid, for the Time being")"

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

Ld. 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 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.

Judges Reports, Time limited for receiving, enlarged.

The Lord Chancellor acquainted the House, "That the Time for receiving Reports from the Judges on private Bills, being to expire on Monday next, and several of the Judges being yet detained on their Circuits, the Suitors would not be able to bring in the Reports, within the said Time."

Ordered, That the Time limited for receiving Reports from the Judges, upon Petitions presented to this House for private Bills, be enlarged to the First Day of Meeting after the Recess at Easter.

Oxford Canal Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend and render more effectual, two Acts of the Ninth and Fifteenth Years of His present Majesty, for making and maintaining a Navigable Canal, from the Coventry Canal Navigation to the City of Oxford."

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.

E. Cork et al. Petition to enlarge Time for receiving Judges' Report.

A Petition of the Right Honourable Edmund Earl of Cork and Orrery in the Kingdom of Ireland, and Baron Boyle of Marston in the County of Somerset, and others, was presented and read; setting forth, "That the Petitioners have lately presented their Petition to their Lordships, for Leave to bring in a private Bill: That their Lordships have been pleased to refer the said Petition to Two Judges: That unfortunately for the Petitioners, One of the Persons necessary to give Evidence before the Judges, has been for some Time past, and now is consined to his House in the Country by Illness, and whereby the Petitioners will be prevented from getting the Report from the Judges, within the Time limited by their Lordships' Standing Order; and that Mr. Justice Nares, to whom the Petition is referred, is now ill and out of Town, and that the Judges who are in Town have so many other Petitions referred to them, that they have not Time to attend to and consider the said Petition;" and therefore praying their Lordships, "That under the special Circumstances above set forth, they will please to permit the Judges' Report to be received, though out of Time, on the Second Day after Easter Recess."

And thereupon the Agent for the Petitioners was called in and heard at the Bar; and being withdrawn:

Ordered, That the said Report from the Judges, be received on the Second Day of Meeting after the Recess at Easter, as desired.

Sandwich, &c. Small Debts Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Town and Port of Sandwich and Vill of Ramsgate, and the Parishes of Minster and Saint Lawrence in the Isle of Thanet, Walmer, Ash next Sandwich, Eastry, Wingham, Staple, Goodnestone next Wingham, Chillenden, Nonnington, Woodnesborough otherwise Winsborow, Eythorne, Word otherwise Worth, Elmestone, Preston next Wingham, Ickham, and Wickhambreux in the County of Kent."

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.

Dumbarton Highways and Bridges Bill.

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

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.

Wareing et al. Petition referred to Judges.

Upon reading the Petition of James Wareing of Knowsley, in the County of Lancaster, Gentleman, and Samuel Warren of Liverpool, in the same County, Silversmith, the Committees of Samuel Williamson a Lunatic, for and on Behalf of the said Lunatic, and John Harmar the Younger, of Manchester, in the County of Lancaster, Merchant, and Elizabeth his Wife, Daniel Scott of Buslinthorpe, in the County of Lincoln, Gentleman, and Catherine his Wife, and the Reverend Glover Moore of Halsall, in the said County of Lancaster, Clerk, and Ann Tarleton his Wife; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

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

Drake et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of William Drake and others; praying Leave to bring in a private Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates in the Town and County of Southampton, devised by the Will of Benjamin Barlow, deceased, in Trustees to be sold; and for laying out the Purchase Money in another Estate, to be settled in Lieu thereof, to the same Uses."

Tichwell Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Pastures, and other Commonable Lands and Grounds, within the Parish of Tichwell, in the County of Norfolk;" 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, decimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 10^o Aprilis 1786.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to Address.

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

Hill against Buchanans.

After hearing Counsel in Part in the Cause wherein James Hill, Writer in Glasgow, is Appellant, and George Buchanan and John Buchanan, Merchants, are Respondents:

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

Crich, &c. Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Commons and Waste Grounds within the Manors of Crich and SouthWingfield, in the County of Derby."

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

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.

Dumbarton Highways and Bridges Bill.

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

Sandwich, &c. small Debts Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for the more easy and speedy Recovery of small Debts within the Town and Port of Sandwich and Vill of Ramsgate, and the Parishes of Minster and Saint Lawrence in the Isle of Thanet, Walmer, Ash next Sandwich, Eastry, Wingham, Staple, Goodnestone next Wingham, Chillenden, Nonnington, Woodnesborough otherwise Winsborow, Eythorne, Word, otherwise Worth, Elmestone, Preston next Wingham, Ickham, and Wickhambreux, in the County of Kent," was committed.

Flookersbrook Road Bill.

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

With a Bill, intituled, "An Act for amending, widening, and keeping in Repair the Road from Flookersbrook Bridge within the Township of Newton, near Chester, to the South End of Wilderspool Causeway. and from the Market Town of Frodsham to Ashton Lane End in the Township of Ashton in the County of Chester;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

East India Regulation Bill.

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

To return the Bill, intituled. "An Act to explain and amend certain Provisions of an Act made in the Twenty-fourth Year of the Reign of His present Majesty, respecting the better Regulation and Management of the Affairs of the East India Company;" and to acquaint this House, That they have agreed to their Lordships' Amendments made thereto.

Upper Wallop, &c. Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the several Common Fields, Common Downs, Common Pastures, and other Commonable Places in the several Parishes of Upper Wallop, Hursbourn, Pryors, and Tufton, in the County of Southampton;" to which they desire the Concurrence of this House.

Bray Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Open and Common Fields, a Common Meadow, and Common Pasture and Commonable Lands within the Parish of Bray, in the County of Berks;" to which they desire the Concurrence of this House.

Harvington Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and all other Commonable Land within the Parish of Harvington, in the County of Worcester;" to which they desire the Concurrence of this House.

Crich, &c. Enclosure Bill.

A Message was brought from the House of Commons, by the Lord George Cavendish and others:

To return the Bill, intituled, "An Act for dividing and enclosing the several Commons and Waste Grounds within the Manors of Crich and South Wingfield, in the County of Derby;" and to acquaint this House, That they have agreed to their Lordships' Amendments made thereto.

Salop Gaol Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for building a new Gaol and House of Correction for the County of Salop, and the several Boroughs, Towns Corporate, Liberties, Franchises, and Places within the same; and for explaining and amending an Act made in the Twenty-third Year of His present Majesty, intituled, "An Act for building a new Shire Hall and Guildhall for the County of Salop, and the Town of Shrewsbury, in the said County; and for the other Purposes therein mentioned."

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

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

Westbury Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Appointment of an additional Overseer for the better Government of the Poor of the Parish of Westbury, in the County of Wilts."

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

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

Stanhope et al. Petition referred to Judges.

Upon reading the Petition of Walter Spencer Stanhope of Cannon Hall in the County of York Esquire, John Shuttleworth of Hathersage in the County of Derby Esquire, and Ashton Shuttleworth, Edmund Shuttleworth, and James Shuttleworth, Brothers of the said John Shuttleworth; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Tichwell Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Pastures, and other Commonable Lands and Grounds within the Parish of Tichwell, in the County of Norfolk."

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 Second Day of Meeting after the Recess at Easter, at the usual Time and Place; and to adjourn as they please.

Adjourn.

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