Journal of the House of Lords Volume 39, 1790-1793. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 39: May 1791 1-10', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol39/pp172-180 [accessed 23 December 2024].
'House of Lords Journal Volume 39: May 1791 1-10', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol39/pp172-180.
"House of Lords Journal Volume 39: May 1791 1-10". Journal of the House of Lords Volume 39, 1790-1793. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol39/pp172-180.
In this section
May 1791 1-10
DIE Lunæ, 2o Maii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Hustler and Pierse's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for confirming and rendering effectual a Partition and Division between Thomas Hustler Esquire and Richard William Peirse Esquire, of the Manor and Mansion House of Acklam in the North Riding of the County of York, and of divers Messuages, Lands, Tenements, Tythes, and Hereditaments, in the Parishes of Acklam and Middlesbrough, and in the Townships of Linthorpe and Airsome, in the said North Riding of the said County of York; and for settling and limiting the Intirety of the said Manor and Mansion House, and of the specific Messuages, Farms, Lands, and Hereditaments, which upon such Partition and Division were allotted to each of them, to the several Uses therein mentioned, and for other Purposes."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Tuesday the 17th Day of this instant May, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Sir J. Wolff's Estate Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending and rendering effectual the Power of Sale contained in the Marriage Settlement of Sir Jacob Wolff Baronet, and Dame Anne his Wife, so far as such Power relates to or extends over the Manor of Chumleigh, and divers Messuages, Lands, and Hereditaments, in the Counties of Devon and Southampton, which have been settled to the Uses therein limited."
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 Wednesday the 18th Day of this instant May, at the usual Time and Place; and to adjourn as they please.
Lickbarrow and Wright against Mason, et. al.
Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error, wherein William Nowell Lickbarrow and Ralph Wright are Plaintiffs, and Edwar Mason and others are Defendants, which stands appointed for this Day, be put off to Friday the 13th Day of this instant May; and that the Judges do then attend.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tertium diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 3o Maii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lords take the Oaths.
This Day Henry Earl of Darlington and James Lord Sherborne took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Writs of Error delivered.
The Lord Kenyon, Lord Chief Justice of the Court of King's Bench, in the usual Manner delivered in at the Table, Two Writs of Error, in the first of which,
Hopkinson against Gentil:
Jonathan Hopkinson is Plaintiff,
and,
John Henry Gentil is Defendant;
And in the other,
Mayor &c. of London, against Mayor &c. of Lynn.
The Mayor, and Commonalty, and Citizens of the
City of London, are Plaintiffs,
and,
The Mayor and Burgesses of the Borough of Lynn Regis, commonly called King's Lynn, in the County of Norfolk, are Defendants.
Kington Canal Bill.
The Lord Bishop of Gloucester reported from the Lords Committees, to whom the Bill intituled, "An Act for making and maintaining a Navigable Canal from Kington, in the County of Hereford, by or through Leominster, to join the River Severn near Stourport Bridge, in the County of Worcester," 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."
Loes and Wilford Poor Bill:
A Message was brought from the House of Commons, by Sir Thomas Charles Bunbury and others:
To return the Bill, intituled, "An Act for the betRelief and Employment of the Poor, within the Hundreds of Loes and Wilford, in the County of Suffolk;" and to acquaint this House, That they have agreed to their Lordships' Amendments made thereto.
Surrey Gaol, &c. Bill.
A Message was brought from the House of Commons, by the Lord William Russel and others:
With a Bill, intituled, "An Act for building a new Common Gaol and Session House, with Accommodations thereto, for the County of Surrey, and for disposing of the present County Gaol, and the Ground thereto belonging;" to which they desire the Concurrence of this House.
Norton Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Pierrepont and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open Fields, Common Pastures, and Waste Grounds, within the Manor or Township of Norton-in-the-Clay, in the North Riding of the County of York;" to which they desire the Concurrence of this House.
Roman Catholics Relief Bill.
A Message was brought from the House of Commons, by Mr. Pierrepont and others:
With a Bill, intituled, "An Act to relieve upon Conditions, and under Restrictions, the Persons therein described, from certain Penalties and Disabilities to which Papists, or Persons professing the Popish Religion, are by Law subject;" to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
Ordered, That the last-mentioned Bill be printed.
Barrar for a Bill to take the Name of Action:
Upon reading the Petition of Edward Acton Barrar Esquire, praying Leave to bring in a Bill, to enable him, and the Heirs Male of His Body, to take and use the Surname of Acton only, pursuant to the Will of his Grandfather Edward Acton deceased:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill presented.
Accordingly, the Earl of Stamford presented to the House a Bill, intituled, "An Act to enable Edward Acton Barrar Esquire, and the Heirs Male of his Body, to take the Surname of Acton only, pursuant to the Will of Edward Acton Esquire, deceased."
The said Bill was read the First Time.
Webb's Bill.
A Message was brought from the House of Commons, by Mr. Mainwaring and others:
To return the Bill, intituled, "An Act to empower Nathaniel Webb Esquire, and others, to grant building and repairing Leases, of certain Estates in the Parish of Saint Giles-in-the-Fields, in the County of Middlesex;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Leigh for a Bill to take the Name of Hare:
Upon reading the Petition of Thomas Leigh of East Barnham, in the County of Buckingham, Esquire, only Son of Thomas Leigh late of Iver, in the County of Buckingham, Esquire, deceased, and Grand-nephew of Sir Thomas Hare, late of Stow Bardolph, in the County of Norfolk, Baronet, deceased; praying Leave to bring in a Bill, to enable him, and the Heirs Male of his Body, to take and use the Surname and Coat of Arms of Hare only:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill presented.
Accordingly, the Lord Hawke presented to the House a Bill, intituled, "An Act to enable Thomas Leigh Esquire, and the Heirs Male of his Body, to take and use the Surname and Arms of Hare only."
The said Bill was read the First Time.
Birmingham Canal Bill, Petitions in support of.
Upon reading the Petition of the principal Inhabitants of the City of Worcester, and the Vicinity thereof, whose Names are thereunto subscribed:
And also, upon reading the Petition of the Worshipful the Mayor, Deputy Recorder, Aldermen, Free Burgesses, and principal Inhabitants of the Borough of Dunheved, otherwise Launceston, in the County of Cornwall, whose Names are thereunto subscribed, severally taking Notice of a Bill depending in this House, intituled "An Act for making and maintaining a Navigable Canal from, or from near to the Town of Birmingham, in the County of Warwick, to communicate with the River Severn, near to the City of Worcester;" and severally praying Their Lordships, "That the said Bill may pass into a Law:"
It is Ordered, That the said Petitions do lie on the Table.
The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for making and maintaining a Navigable Canal from or from near to the Town of Birmingham, in the County of Warwick, to communicate with the River Severn, near to the City of Worcester;" and for hearing Counsel for and against the same:
Ordered, That the said Bill be read a Second Time on Wednesday, the 11th Day of this instant May; and that Counsel be then heard for and against the same.
Ordered, That Edward Hughes of Birmingham, Buckle-maker, do attend this House, on Wednesday the 11th Day of this instant May, in order to his being examined as a Witness, upon the Second Reading of the last-mentioned Bill.
Martin et al. against Doe:
A Petition of James Martin, Richard Stone, and John Foote Esquire, Plaintiffs in a Writ of Error depending in this House, wherein John Doc is Defendant, which stands appointed for Hearing, was presented and read; setting forth, "That the Petitioners brought a Writ of Error into this House, on the 7th Day of March last, together with the Record thereof, whereupon the Petitioners assigned a certain Matter for Error, the said Defendant rejoined: That the Petitioners have only within a few Days past, been advised to withdraw their said Assignment of Errors, and not to prosecute the said Writ of Error any further;" and therefore praying Their Lordships, "That they may be at Liberty to withdraw their said Assignment of Errors, and that the said Writ of Error may be Non-pros'd, with such Costs as Their Lordships shall please to direct."
And thereupon the Agents on both Sides were called in, and heard at the Bar;
And being withdrawn;
Writ of Error non-pros'd with Costs.
Ordered, That the Petitioners be at Liberty to withdraw their said Assignment of Errors as desired, and that the Defendant in Error, do forthwith enter a Nonpros on the said Writ of Error 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 Plaintiffs in Error do pay or cause to be paid to the Defendant in Error, the Sum of Fifty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.
Scott et al. against Graham et al:
Upon reading the Petition of John Scott and others, Appellants, in a Cause depending in this House, and of James Graham and others, Respondents thereto, which stands appointed for Hearing; setting forth, "That the Matters in Dispute between the Parties being amicably adjusted;" the Petitioners humbly pray Their Lordships, "That they may be at Liberty to withdraw the said Appeal:"
Appeal withdrawn.
It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal as desired.
Stourbridge Lighting Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for lighting, cleansing, and watching the Streets, Lanes, and other public Passages and Places, within the Township of Stourbridge, in the Parish of Old Swinford, in the County of Worcester, and for removing and preventing Obstructions, Nuisances, and Annoyances therein."
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.
Walker against Fletcher.
Upon reading the Petition of William Walker, Appellant in a Cause depending in this House, and of Jane Fletcher, Respondent thereto, et è contra, which stands for Hearing; setting forth, "That the Matters in Dispute between the Parties being amicably adjusted;" the Petitioners humbly pray Their Lordships, "That they may be at Liberty to withdraw the said several Appeals:"
Appeals withdrawn.
It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeals as desired.
Sir J. Henderson against Henderson.
Upon reading the Petition of Sir John Henderson Baronet, Appellant in a Cause depending in this House, to which Robert Bruce Henderson Esquire is Respondent; setting forth, "That the Hearing of this Cause stands appointed for To-morrow; that the Petitioner's Counsel finding they cannot be prepared to argue the Cause at that Time," the Petitioner humbly prays, "That Their Lordships will be pleased to delay the Hearing of the Cause till Monday next, or such other Day as Their Lordships think most proper, the Agent for the said Respondent having signed the same Petition as consenting thereto:"
It is Ordered, That the Hearing of the said Cause be put off to Monday next, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quartum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 4o Maii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Bp. of Chicester takes the Oaths.
This Day William Lord Bishop of Chichester took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Gedney Enclosure Bill.
A Message was brought from the House of Commons by Mr. Hobart and others:
With a Bill, intituled, "An Act for dividing and enclosing the Common Marshes, Droves, Waste Lands, and Grounds, in the Parish of Gedney and Hamlet thereof, called Gedney Fen, in the County of Lincoln;" to which they desire the Concurrence of this House.
Leicester Canal Bill.
A Message was brought from the House of Commons by Mr. Parkyns and others:
With a Bill, intituled, "An Act for making and maintaining a Navigable Communication between the Loughborough Canal and the Town of Leicester, and for making and maintaining a Communication by Railways or Stone Roads and Water Levels, from several Places and Mines to the said Loughborough Canal; and for continuing the same by passing along the said Canal to the said Navigable Communication, all in the County of Leicester;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Kington Canal Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making and maintaining a Navigable Canal from Kington, in the County of Hereford, by or through Leominster, to join the River Severn near Stourport Bridge, in the County of Worcester."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H.C. that the Lords have agreed to it.
A Message was sent to the House of Commons by Mr. Eames and Mr. Spranger:
To acquaint them, That the Lords have agreed to the said Bill without any Amendment.
Barrar to take the Name of Acton, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Edward Acton Barrar Esquire, and the Heirs Male of his Body, to take the Surname of Acton only, pursuant to the Will of Edward Acton Esquire, deceased."
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.
Leigh to take the Name of Hare, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Thomas Leigh Esquire, and the Heirs Male of his Body, to take and use the Surname and Arms of Hare only."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them to meet on Friday next, at the usual Time and Place; and to adjourn as they please.
Norton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Common Pastures, and Waste Grounds within the Manor or Township of Norton-in-the-Clay, in the North Riding of the County of York."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Monday next, at the usual Time and Place; and to adjourn as they please.
Cecil's Divorce Bill.
The Order of the Day being read for the further Consideration of the Bill, intituled, "An Act to dissolve the Marriage of Henry Cecil Esquire, with Emma Vernon his now Wife; and to enable him to marry again, and for other Purposes therein mentioned:"
The said Bill was read a Second Time.
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill on Monday next.
Lords summoned.
Ordered, That all the Lords be summoned, to attend the Service of the House on Monday next.
Impeachment against W. Hastings, Report from Committee to be considered.
Ordered, That the Report from the Lords Committees appointed to examine Precedents, relative to the State of the Impeachment against Warren Hastings Esquire, brought up from the Commons and proceeded upon in the last Parliament, be taken into Consideration on Monday the 16th Day of this instant May; and that the Lords be summoned.
Clowe's Leave for a Bill.
It was moved, "That the Petition of Samuel Clowes the Younger Esquire, praying, "That the Time for receiving the Report of the Judges, to whom his said Petition for a Private Bill is referred, may be enlarged, presented to the House on the 15th of April last, and ordered to lie on the Table, be now read."
The same was accordingly read by the Clerk.
Then an Affidavit of William Fox, of Manchester in the County of Lancaster Gentleman, was presented and read; stating, "That on or about the 22d Day of February last, a Petition was presented to the House, for Leave to bring in a Bill, for vesting the settled Estate of Samuel Clowes the Younger Esquire, in the County of Lancaster, in him in Fee, and for settling other Estates in Exchange for the same; and that by the Order of Their Lordships, the Consideration of the said Petition was referred to the Lord Chief Baron of the Court of Exchequer, and that Mr. Baron Thomson; and that Mr. Baron Thompson, returning from the Northern Circuit on the 11th of April last, an Appointment was made by the said Judges, for the Examination of the Witnesses thereon, upon the 13th of April last, on which Day the same Judges were attended by the said Petitioner Samuel Clowes, and by Witnesses to prove the Allegations in the said Petition, and the Value of the said Estates by the Steward of the Petitioner, who had long known the same, but the said Judges required the Evidence of Two Surveyors who had valued the said Estates, to be laid before them, which was Matter of Surprize to the Deponent, and which Surveyors were resident in Lancashire; and that upon the 14th of April last, a Petition from the said Samuel Clowes was presented to Their Lordships, praying that they would be pleased to order that the Time for receiving the Report of the said Judges might be enlarged, and which Petition was ordered to lie on the Table; and that the said Two Surveyors severally reside in the Neighbourhood of Manchester; and that the Deponent wrote requesting their Attendance to give the Evidence required as aforesaid, but by reason of their distant Residence, it was not possible for them to attend in Time, to receive their Evidence before or upon the Day limited by Their Lordships, for receiving the Reports of Judges upon Petitions for Private Bills; and that the said Two Surveyors have since attended, and were sworn at Their Lordships' Bar, to give such Evidence on the said Petition, and the said Judges have made their Report thereon, which is now ready to be delivered."
Ordered, That in consideration of the Allegations contained in the said Affidavit, the said Report from the Judges be now received.
Accordingly, After reading and considering the Report of the Judges, to whom was referred the Petition of Samuel Clowes the Younger, Esquire, for and on Behalf of himself and 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.
Stourbridge Lighting Bill.
The Lord Scarsdale reported from the Lords Commitmittees, to whom the Bill, intituled, "An Act for lighting, cleansing, and watching the Streets, Lanes, and other Public Passages and Places, within the Township of Stourbridge, in the Parish of Old Swinford, in the County of Worcester, and for removing and preventing Obstructions, Nuisances, and Annoyances therein," 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."
Beaumont Peerage Committee deferred.
Ordered, That the sitting of the Committee for Privileges, to whom the Petition of Thomas Stapleton Esquire, to His Majesty, claiming the Barony of Beaumont, together with His Majesty's Reference thereof to this House, and the Attorney General's Report thereunto annexed, is referred, which stands appointed for To-morrow, be put off to Thursday the 12th Day of this instant May, and that Notice thereof be given to His Majesty's Attorney General.
Hustler and Peirses' Bill.
Ordered, That all the Lords who have been, or shall be present this Session, and are not named of the Committee, to whom the Bill, intituled, "An Act for confirming and rendering effectual a Partition and Division between Thomas Hustler Esquire, and Richard William Peirse Esquire, of the Manor and Mansion House of Acklam, in the North Riding of the County of York, and of divers Messuages, Lands, Tenements, Tythes, and Hereditaments, in the Parishes of Acklam and Middlesbrough, and in the Townships of Linthorpe and Airsome, in the said North Riding of the said County of York; and for settling and limiting the Entirety of the said Manor and Mansion House, and of the specific Messuages, Farms, Lands, and Hereditaments, which upon such Partition and Division were allotted to each of them to the several Uses therein mentioned, and for other Purposes," stands committed, be added to the said Committee.
Sir J. Wolff's Estate Bill.
Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee, to whom the Bill, intituled, "An Act for amending and rendering effectual the Power of Sale contained in the Marriage Settlement of Sir Jacob Wolff Baronet, and Dame Anne his Wife, so far as such Power relates to or extends over the Manor of Chumleigh, and divers Messuages, Lands, and Hereditaments, in the Counties of Devon and Southampton, which have been settled to the Uses therein limited," stands committed, be added to the said Committee.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, quintum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 5o Maii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Glocestr. |
Ds. Thurlow, Cancellarius. Comes Lauderdale. Comes Stanhope. Comes Fitzwilliam. Viscount Stormont. |
Ds. Cathcart. Ds. Walsingham. |
PRAYERS.
Barrar to take the Name of Acton, Bill.
The Lord Viscount Stormont reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Edward Acton Barrar Esquire, and the Heirs Male of his Body, to take the Surname of Acton only, pursuant to the Will of Edward Acton Esquire, deceased," 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."
Ordered, That the said Bill be engrossed.
Stourbridge Lighting Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for lighting, cleansing, and watching the Streets, Lanes, and other Public Passages and Places within the Township of Stourbridge, in the Parish of Old Swinford, in the County of Worcester, and for removing and preventing Obstructions, Nuisances, and Annoyances therein."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Eames and Mr. Spranger:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Clowe's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Samuel Clowes the Younger Esquire, in the County of Lancaster, in himself in Fee-simple, and for settling an Estate of greater Value in the same County, in Lieu thereof, and in Exchange for the same; and for enabling the said Samuel Clowes to grant building Leases of the Estate hereby settled."
Dicconson's Leave for a Bill.
It was moved, "That the Petition of James Taylor Gentleman, Agent to William Dicconson, of Wrightington in the County Palatine of Lancaster, Esquire, praying, That the Time for receiving Reports from the Judges may be enlarged, presented to the House on the 14th of April last, and ordered to lie on the Table be now read."
The same was accordingly read by the Clerk.
Then an Affidavit of George White of Park Street, in the Parish of Saint Margaret, Westminster, Esquire, was presented and read, stating, "That on or about the 28th Day of March last, a Petition was presented to Their Lordships for Leave to bring in a Bill, for vesting the settled Estates of William Dicconson Esquire, and Meliora his Wife, and Edward Dicconson Esquire, in Trustees; and that by the Order of Their Lordships, the Consideration of the said Petition was thereby referred to Mr. Justice Gould and Mr. Baron Hotham, and that Application was made to the said Judges on or about the 11th of April following, for an Appointment to attend them with the Witnesses on the said Petition, when Their Lordships were pleased to signify, that on Account of the Number of private Bills then before them, and under the Order of the House, and Mr. Baron Hotham being to attend at the Sessions at the Old Bailey, they could not receive the Agents and Witnesses on the said Petition, previous to the 15th of April, on which Day the Time limited by Their Lordships for receiving Reports from the Judges would expire; and that upon the 14th of April last, a Petition of Mr. James Taylor, one of the Agents for the said Mr. Dicconson, was presented to Their Lordships, praying that they would be pleased to order, that the Time for receiving the Report of the said Judges, to whom the said first mentioned Petition was referred, might be enlarged, and which Petition was ordered to lie on the Table; and that shortly after the said 15th of April the Agents and Witnesses did attend the said Judges on the said First-mentioned Petition, and they accordingly went through the said Bill and signed the same, together with their Report thereon, on Tuesday the 18th of April last, and the same are now ready to be delivered in."
Ordered, That in consideration of the Allegations contained in the said Affidavit, the said Report from the Judges be now received.
Accordingly, After reading and considering the Report of the Judges, to whom was referred the Petition of William Dicconson Esquire, and Meliora his Wife, and Edward Dicconson Esquire, praying Leave to bring in a private Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the settled Estates of William Dicconson Esquire, and Meliora his Wife, and Edward Dicconson Esquire, in the County of Lincoln, and at Wigan, Penwortham, Coppul, Charnock, Richard, Croston, Worthington, Burscough, and Dalton, in Furness, in the Counties of Lancaster, in Trustees, upon Trust to raise Money by Sale or Mortgage thereof, and to apply the Money so to be raised in the Purchase of an Estate at Parbold, in the said County of Lancaster to be settled to the Uses of the settled Estates."
Ogilvie against Wingate.
Ordered, That the further Consideration of the Cause wherein James Ogilvie is Appellant, and Thomas Wingate is Respondent, which stands appointed for Saturday next, be put off to Friday the 13th Day of this Instant May.
Heanor Enclosure Bill.
A Message was brought from the House of Commons, by the Lord George Cavendish and others:
With a Bill, intituled, "An Act for dividing and enclosing certain Commons or Waste Grounds, within the Lordships or Liberties of Heanor and Codnor, in the Parish of Heanor, in the County of Derby;" to which they desire the Concurrence of this House.
The said Bill was read the First First.
Ogden against Folliott, in Error.
Upon reading the Petition of David Ogden Esquire, Plaintiff in a Writ of Error depending in this House, wherein George Folliott Esquire is Defendant, setting forth, "That this Cause was set down to be heard on the 31st of March last, and that by the withdrawing of Causes which stood before the said Writ of Error, it now stands in Course for Hearing To-morrow; that the Petitioner's leading Counsel not arriving in Town till Saturday last, the Petitioner has not been enabled to perfect his Cause so as to get it printed and laid on Their Lordships' Table within the Time limited by Their Lordships' Standing Order, and as a Question of Law may arise in this Case, the Petitioner apprehends it will be necessary for the Judges to attend at the arguing the said Errors;" and therefore praying, "That Their Lordships will be pleased to put off the Hearing of the said Cause from To-morrow, to such future Day as to Their Lordships shall seem meet, and that the Judges may then attend, the Agent for the said Defendant having signed the said Petition as consenting thereto:"
It is Ordered, That the Hearing of the said Cause be put off to Wednesday the 18th Day of this instant May, and that the Judges do then attend.
Pierrepont's Bill.
Ordered, That the Committee, to whom the Bill, intituled, "An Act to empower Charles Pierrepont Esquire, and his Issue Male, and also the several Tenants for Life under the Will of the Duke of Kingston, and their respective Issue Male, to grant building Leases;" stands referred, be adjourned to Monday next.
Sir J. Sheffield's Estate Bill.
Ordered, That the Committee, to whom the Bill, intituled, "An Act for vesting Part of the Estates, late of Sir Charles Sheffield Baronet, deceased, and devised by his Will in strict Settlement, in Trustees, to be sold; and for laying out the Money arising by the Sale thereof, in the Purchase of other Estates more contiguous to the Bulk of the Family Estate of the said Sir Charles Sheffield, in the County of Lincoln, to be settled to the same Uses;" stands referred, be adjourned to Monday next.
Dormer's Bill.
Ordered, That the Committee, to whom the Bill, intituled, "An Act for enabling Trustees to grant Leases of Part of the Estates of Susanna Ann Treffry Dormer, and Jane Treffry Dormer, Infants, and to invest the Monies arising from the Leases to be granted on Fines, in the Purchase of Real Estates, to be settled to the subsisting Uses of the Estates so to be leased;" stands referred, be adjourned to Monday next.
Handsworth Enclosure Bill.
Ordered, That the Committee, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Field, Common, and Waste Lands within the Manor of Handsworth, in the County of Stafford;" stands referred, be adjourned to Monday next.
Christleton Enclosure Bill.
Ordered, That the Committee, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing certain Commons and Waste Lands within the Manor and Township of Christleton, in the County of Chester;" stands referred, be adjourned to Monday next.
Leigh to take the Name of Hare, Bill.
Ordered, That the Committee, to whom the Bill, intituled, "An Act to enable Thomas Leigh Esquire, and the Heirs Male of his Body, to take and use the Surname and Arms of Hare only;" stands referred, be adjourned to Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, nonum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 9o Maii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lords take the Oaths.
This Day George Duke of Marlborough, Francis Earl of Hertford, and William Viscount Courtenay, took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Sir J. Henderson against Henderson.
After hearing Counsel in Part, in the Cause wherein Sir John Henderson Baronet is Appellant, and Robert Bruce Henderson Esquire is Respondent:
It is Ordered, That the further Hearing of the said Cause be put off to Wednesday next; and that the Counsel be called in at one o'Clock.
Saffron Walden Church Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
With a Bill, intituled, "An Act for repairing the Parish Church of Saffron Walden, in the County of Essex;" to which they desire the Concurrence of this House.
Bonapace takes the Oaths in order to his Naturalization.
The said Bill was read the first Time.
Francis Louis Bonapace Esquire, took the Oaths appointed to his Naturalization.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Francis Louis Bonapace Esquire."
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.
Birmingham Canal Bill, Petition in Support of.
Upon reading the Petition of the several Gentlemen, Clergy, Merchants, Manufacturers and others, Inhabitants of the Town and Neighbourhood of Birmingham in the County of Warwick, whose Names are thereunto subscribed, taking Notice of a Bill depending in this House, intituled, "An Act for making and maintaining a Navigable Canal from, or from near to the Town of Birmingham, in the County of Warwick, to communicate with the River Severn near to the City of Worcester;" and praying Their Lordships that the said Bill may pass into a Law, and that they may be heard by themselves or Counsel in Favour of the same:
It is Ordered, That the Petitioners be at Liberty to be heard by their Counsel in Favour of the said Bill at the Second Reading thereof on Wednesday next.
Surrey Gaol &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for building a new Common Gaol and Session House, with Accommodations thereto, for the County of Surrey, and for disposing of the present County Gaol, and the Ground thereto belonging."
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 Wednesday next, at the usual Time and Place; and to adjourn as they please.
Leicester Canal Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making and maintaining a Navigable Communication between the Loughborough Canal and the Town of Leicester; and for making and maintaining a Communication by Railways or Stone Roads, and Water Levels, from several Places and Mines to the said Loughborough Canal, and for continuing the same by passing along the said Canal, to the said Navigable Communication, all in the County of Leicester."
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.
Cecil's Divorce Bill.
The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Henry Cecil Esquire, with Emma Vernon his now Wife, and to enable him to marry again, and for other Purposes therein mentioned:"
Ordered, That the House be put into a Committee upon the said Bill on Wednesday next.
Roman Catholics' Relief Bill.
Ordered, That the Bill, intituled, "An Act to relieve, upon Conditions and under Restrictions, the Persons therein described, from certain Penalties and Disabilities, to which Papists, or Persons professing the Popish Religion, are by Law subject;" be read a second Time on Monday the 23d Day of this instant May; and that the Lords be summoned:
Birmingham Canal Bill, Petitions against.
Upon reading the Petition of the Merchants, Manufacturers, and other Inhabitants of the Town of Birmingham, in the County of Warwick; whose Names are thereunto subscribed:
Also, upon reading the Petition of the several Persons, whose Names are thereunto subscribed, being Owners and Occupiers of Water Mills, and other Works upon the several Rivers, Brooks, and Streams lying between the Town of Birmingham and the City of Worcester, and the Neighbourhood thereof; and also of the Owners and Occupiers of Lands and Estates lying between the Places above mentioned:
Also, upon reading the Petition of the several Persons whose Names are thereunto subscribed, being Proprietors of the Dudley and Stourbridge Canal Navigations:
And also, upon reading the Petition of the several Owners of Vessels, Barge Masters, Carriers and others, Traders upon the River Severn, whose Names are thereunto subscribed, taking Notice of a Bill depending in this House, intituled, "An Act for making and maintaining a Navigable Canal from or from near to the Town of Birmingham, in the County of Warwick, to communicate with the River Severn, near to the City of Worcester;" and severally praying, "That they may be heard by their Counsel at the Bar of the House against the said Bill, and that the same may not pass into a Law:"
It is Ordered, That the Petitioners be at Liberty to be heard by their Counsel against the said Bill, at the Second Reading thereof on Wednesday next; as also Counsel be heard for the Bill at the same Time, if they think fit.
Lords summoned.
Ordered, That all the Lords be summoned to attend the Service of the House on Friday next.
The Order of the Day being read for the Lords to be summoned:
Russia, Motion for Address respecting negatived.
It was moved, "That an humble Address be presented to His Majesty, to entreat His Majesty to take into His serious Consideration the material Injury that the Manufactures and Trade of this Country must suffer from the Interruption of the friendly Intercourse and good Understanding that has so long subsisted between Great Britain and Russia, and to beseech His Majesty not to hazard the Advantages of such friendly Intercourse, and the inestimable Blessings of Peace, by an hostile Interference, for the Purpose of effecting any Arrangement respecting Oczak w, and the uncultivated District adjacent, as we humbly conceive that in such Arrangement neither the Political nor the Commercial Interests of this Country are concerned."
Which being objected to;
After long Debate,
The Question was put thereupon?
It was resolved in the Negative.
Clowe's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Samuel Clowes the Younger Esquire, in the County of Lancaster, in himself in Fee-Simple, and for settling an Estate of greater Value, in the same County, in Lieu thereof, and in Exchange for the same; and for enabling the said Samuel Clowes to grant building Leases of the Estate hereby settled."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Tuesday the 24th Day of this instant May, at the usual Time and Place; and to adjourn as they please.
Dicconson's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the settled Estates of William Dicconson Esquire, and Meliora his Wife, and Edward Dicconson Esquire, in the County of Lincoln, and at Wigan, Penwortham, Coppul, Charnock, Richard, Croston, Worthington, Burscough, and Dalton-in-Furness, in the County of Lancaster, in Trustees, upon Trust, to raise Money by Sale or Mortgage thereof, and to apply the Money so to be raised in the Purchase of an Estate at Parbold, in the said County of Lancaster, to be settled to the Uses of the settled Estates."
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.
Wilde's Charity Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for effectuating and establishing an Exchange agreed upon between the Trustees of Wilde's Charity and Robert Sparrow Esquire, and Mary Bence Spinster, of certain Estates in the County of Suffolk;" stands committed, be revived, and meet on Wednesday next.
Christleton Enclosure Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing certain Commons and Waste Lands within the Manor and Township of Christleton, in the County of Chester," 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."
Norton Enclosure Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields, Common Pastures, and Waste Grounds, within the Manor or Township of Norton-in-the-Clay, in the North Riding of the County of York," was committed.
Handsworth Enclosure Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Field, Commons, and Waste Lands, within the Manor of Handsworth, in the County of Stafford," was committed.
Leigh to take the Name of Hare, Bill.
The Lord Cathcart also reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Thomas Leigh Esquire, and the Heirs Male of his Body, to take and use the Surname and Arms of Hare only," 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."
Ordered, That the said Bill be engrossed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 10o Maii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Barrar to take the Name of Acton, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Edward Acton Barrar Esquire, and the Heirs Male of his Body, to take the Surname of Acton only, pursuant to the Will of Edward Acton Esquire, deceased."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Leigh to take the Name of Hare, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Thomas Leigh Esquire, and the Heirs Male of his Body, to take and use the Surname and Arms of Hare only."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. with the Two preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Eames and Mr. Leeds:
To carry down the said Bills, and desire their Concurrence thereto.
Birmingham Canal Bill, Petition against.
Upon reading the Petition of the Mayor, Burgesses, and Commonalty of the City of Bristol, under their Common Seal, taking Notice of a Bill depending in this House, intituled, "An Act for making and maintaining a Navigable Canal from or from near to the Town of Birmingham, in the County of Warwick, to communicate with the River Severn, near to the City of Worcester;" and praying the House, "That the same may not pass into a Law:"
It is Ordered, That the said Petition do lie on the Table.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, undecimum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.