House of Lords Journal Volume 27: March 1751, 1-10

March 1751, 1-10

DIE Veneris, 1^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Moir against Montgomery.

The Answer of Mrs Ann Montgomery, to the Appeal of George Montgomery Moir, was brought in.

Sir E Hulse's Bill.

The Earl Brooke reported from the Lords Committees to whom the Bill, intituled, "An Act for empowering the Trustees named in the Settlement made upon the Marriage of Edward Hulse Esquire and Hannah his Wife, to lay out Part of the Trust Monies therein mentioned in the Purchase of Reversionary Estates, as well as Lands in Possession, to be settled to the Uses of the said Marriage Settlement, with Power to make Leases thereof according to the Custom of the Country," 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, 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.

Wood & al Petition referred to Judges.

Upon reading the Petition of Christopher Wood, and John Jesse Esquire and Esther his Wife, Eldest Daughter of the said Christopher Wood, on Behalf of themselves and John Jesse their only Child, an Infant, praying Leave to bring in a Bill, for Sale of certain settled Estates, in the County of Stafford, in the Petition mentioned, for Payment of the present Debts of the Petitioner Christopher Wood, and for disposing of the Residue of the Money to arise thereby in the Purchase of other Lands, to be settled to the same Uses.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr Justice Wright, with the usual Directions, according to the Standing Order.

El Courtney & al Petition referred to Judges.

Upon reading the Petition of the Honourable Elizabeth Courtenay, Widow and Relict of Kelland Courtenay, late of Painsford, in the County of Devon, Esquire, for herself and on the Behalf of her Three Children, all Infants, and of John Williams and William Williams Esquire, praying Leave to bring in a Bill, to enable the making of Leases of several Estates, in the County of Cornwall, in the Petition mentioned, for Lives or Years, as therein is expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

Dut Dowager of Argyll's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the most Noble Jane Dutchess Dowager of Argyll and Greenwich to grant Leases of the Ground, and Repairing Leases of the Houses and Buildings, in the County of Middlesex, mentioned in the Will of John late Duke of Argyll and Greenwich, deceased"

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet on Tuesday the 19th Instant, at the usual Time and Place, and to adjourn as they please.

E. Cowper & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for charging divers Houses, Tenements, and Hereditaments, in the City of London and County of Hertford, Part of the settled Estate of William Earl Cowper, with raising Money, towards defraying the Expences of re building the said Houses in London, burnt down and destroyed by Fire.'

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 Saturday the 16th Instant, at the usual Time and Place, and to adjourn as they please.

Barlow's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of George Barlow Esquire in him and his Heirs, and for settling another Part of his Estate, of greater Value, to the same Uses, in Lieu thereof"

Ordered, That the said Bill be committed to the Consideration of the same Committee.

Their Lordships, or any Five of them, to meet on the same Day, at the same Place, and to adjourn as they please.

Pleydell & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Nevill Morton Pleydell Esquire and others, praying Leave to bring in a Private Bill.

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 Sale of the Estate late of Edmund Pleydell Esquire, in Gloucestershire, and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Will"

Annuity and Lottery Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty the Sum of Two Millions One Hundred Thousand Pounds, to be raised by Annuities and a Lottery, and charged on the Sinking Fund, redeemable by Parliament," to which they desire the Concurrence of this House.

Stamford Road, Bill.

A Message was brought from the House of Commons, by Sir John Cust and others.

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His present Majesty, for repairing the Road between Stamford and Grantham, in the County of Lincoln, and for making the same more effectual," to which they desire the Concurrence of this House.

Heath to take the Name of Duke, Bill.

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

With a Bill, intituled, "An Act to enable John Heath Esquire, and his Heirs Male, to take and use the Surname and Arms of Duke, according to the Direction of the last Will and Testament of Richard Duke Esquire, deceased," to which they desire the Concurrence of this House.

Trials by Jury, better regulating, Bill.

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

With a Bill, intituled, "An Act for the better regulating of Trials by Jury," to which they desire the Concurrence of this House.

The said Four Bills were all read the First Time.

Ordered, That the last mentioned Bill be printed.

State of National Debt delivered.

The House being informed, "That Mr. Jenings from the Exchequer attended"

He was called in, and delivered, at the Bar, pursuant to their Lordships Address to His Majesty, of the 21st of February last,

"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1749, and 31st of December 1750, together with an Accompt of the Produce of the Sinking Fund in that Year, and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied"

And then he was directed to withdraw.

And the Title thereof being read, by the Clerk.

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

E of Egmont's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting divers Lands, Tenements, and Hereditaments, in the County of Corke, in the Kingdom of Ireland, comprized in the Marriage Settlement of John Earl of Egmont, in him and his Heirs, discharged of the Uses of that Settlement, and for settling other Lands and Hereditaments, in the said County, of greater Value, in Lieu thereof, to the same Uses"

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

It was Resolved in the Affirmative.

Sir E Hulse's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for empowering the Trustees named in the Settlement made upon the Marriage of Edward Hulse Esquire and Hannah his Wife to lay out Part of the Trust Monies therein mentioned in the Purchase of Reversionary Estates, as well as Lands in Possession, to be settled to the Uses of the said Marriage Settlement, with Power to make Leases thereof, according to the Custom of the County"

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

It was Resolved in the Affirmative.

Message to H C with the Two preceding Bills.

A Message was sent to the House of Commons, by Mr Bennett and Mr Wape

To carry down the Two list mentioned Bills, and desire then Concurrence to them.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, quaitum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 4^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

E of Pomfret takes the Oaths.

Thomas Earl of Pomfret took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Report Commissioners of Claims of Creditors of Africa Company delivered.

The House being informed, "That the Commissioners for examining into the Claims of the Creditors of the Royal African Company of England, appointed by, and in Pursuance of, an Act of Parliament passed last Session, intituled, "An Act for extending and improving the Trade to Africa," attended."

They were called in, and delivered, at the Bar, the Report of the said Commissioners.

And then they were directed to withdraw.

And the Title thereof being read by the Clerk.

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

Annuities and Lottery Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Sum of Two Millions One Hundred Thousand Pounds, to be raised by Annuities and a Lottery, and charged on the Sinking Fund, redeemable by Parliament."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Stamford Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His present Majesty, for repairing the Road between Stamford and Grantham, in the County of Lincoln, and for making the same more effectual."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

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

Heath to take the Name of Duke, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Heath Esquire, and his Heirs Male, to take and use the Surname and Arms of Duke, according to the Direction of the last Will and Testament of Richard Duke Esquire, deceased"

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place, and to adjourn as they please.

Heyliger against Gueriz Writ of Error.

The Lord Chief Justice of the Court of King's Bench (in the usual Manner) brought up a Writ of Error, wherein,

George Heyliger is Plaintiff, and Andrew Gueriz Defendant.

Jekyll, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Jekyll Esquire and others, praying Leave to bring in a Private Bill.

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 the undivided Twelfth Part of John Jekyll, an Infant, in the Real Estate of Sir Joseph Jekyll Knight, deceased, in Trustees, to be sold, for the Purposes therein mentioned."

Horner's Guardians, Petition referred to Judges.

Upon reading the Petition of Thomas Prowse Esquire, for and on Behalf of himself and of Thomas Horner Esquire, an Infant of tender Years, to whom he is Guardian, praying Leave to bring in a Bill, to enable the Petitioner, and other Persons as shall for the Time beign be appointed the Guardians of the said Infant, to make Leases and Grants of such Parts of the Premises in the Petition mentioned, according to the Usage and Custom of the Country wherein the same Premises do lie.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

D of Buccleuch & al. Petition referred to Judges.

Upon reading the Petition of Francis Duke of Buccleuch, and Caroline Scott, commonly called Countess of Dalkeith, Widow and Relict of Francis Scott, commonly called Earl of Dalkeith, deceased, who was Son of the said Francis Duke of Buccleuch, praying Leave to bring in a Bill, for compleating the Sale and Conveyance of the Manors of Spalding and Holbech, and Premises, in the County of Lincoln, pursuant to a Contract in the Petition mentioned, and for other Purposes therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

Mainwaring Ellerker, Petition referred to Judges.

Upon reading the Petition of Eaton Mainwaring Ellerker Esquire, formerly called Eaton Mainwaring, Eldest Son and Heir Apparent of Roger Mainwaring late of London Esquire, and Barbara Mainwaring Ellerker his Wife, Roger Mainwaring and George Mainwaring Esquires, Brothers of the said Eaton Mainwaring Ellerker, and which said Eaton Mainwaring Ellerker, Roger Mainwaring, and George Mainwaring, are Devisees named in the last Will and Testament of Ellerker Bradshaw late of Risby in the County of York Esquire, praying Leave to bring in a Bill, for securing and providing Money for the Portions of the Younger Children of the Marriage of the Petitioner Eaton Mainwaring Ellerker and Barbara his Wife, and that the Surname of Ellerker and the Coat of Arms of the Ellerkers of Risby aforesaid, and the Crest granted by King Henry the Eighth, should be established and confirmed to the said Petitioner Eaton Mainwaring and his Issue.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

Blois & al Petition referred to Judges (fn. 1)

Upon reading the Petition of Ralph Blois Clerk, Samuel Thompson Esquire, Edward Edlin Esquire, One of the Barons of His Majesty's Court of Exchequer in Scotland, and Mary Edlin his Wife, for and on the Behalf of all their Infant Children, and also of Charles Hawtrey Clerk, praying Leave to bring in a Bill, to vest the Morety of certain Estates, in the Petition mentioned, devised by the Will of Sarah Frowde of the Parish of St. George Bloomsbury, in the County of Middlesex, Widow, in the Petitioner Ralph Blois, in Fee Simple, discharged of the Uses and Trusts of the said Will, and for settling an entire Estate in Suffolk; in Lieu thereof, to the Uses of the said Will.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

Pleydell's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate late of Edmund Pleydell Esquire, in Gloucestershire, and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Will."

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 19th Instant, at the usual Time and Place, and to adjourn as they please.

Fraser to enter into Recognizance for Frasers,

The House being moved, "That James Fraser of St Martin in the Fields Apothecary may be permitted to enter into a Recognizance for Alexander and Archibald Frasers, on account of their Appeal depending in this House, they being in Scotland"

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

and Gordon for J Gordon.

The like Motion and Order, for Daniel Hugh Gordon of New Inn London Gentleman to enter into a Recognizance for John Gordon Esquire, for a Reason of the same Nature.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 5^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Moyle & al. Petition referred to Judges.

Upon reading the Petition of Thomas Moyle Esquire and Sarah Moyle his Wife, Thomas de Grey Esquire, and Edward Isaac Jackson, praying Leave to bring in a Bill, for Sale of an Estate at Horningsheath, in the County of Suffolk, and, with the Money arising thereby, to purchase another Estate, at Bury St. Edmunds, to be settled to the Uses of the Petitioner's Marriage Settlement.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

Jekyll's, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the undivided Twelfth Part of John Jekyll an Infant, in the Real Estate of Sir Joseph Jekyll Knight, deceased, in Trustees, to be sold, for the Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet on Wednesday the 20th Instant, at the usual Time and Place, and to adjourn as they please.

Annuities and Lottery, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty the Sum of Two Millions One Hundred Thousand Pounds, to be raised by Annuities and a Lottery, and charged on the Sinking Fund, redeemable by Parliament"

After some Time, the House was resumed.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 6^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Strachans against Garden & al.

The Answer of Garden of Troop and others, to the Appeal of Christian and Elizabeth Strachan, was brought in:

Foulis against Dodswell & al.

As was also, the Answer of Richard Dodswell Esquire and others, to the Appeal of the Reverend Mr John Foulis.

Annuities and Lottery, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Sum of Two Millions One Hundred Thousand Pounds, to be raised by Annuities and a Lottery, and charged on the Sinking Fund, redeemable by Parliament"

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. Bennet and Mr. Elde

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

High Bailiff to attend about Stoppages in the Streets.

A Complaint was made to the House, "That, notwithstanding their Lordships Order to prevent Stoppages in the Streets, yet the Lords are obstructed in coming to the House"

Ordered, That the High Bailiff and High Constable of the City and Liberty of Westminster to attend this House on Monday next.

Stamford Road, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His present Majesty, for repairing the Road between Stamford and Grantham, in the County of Lincoln, and for making the same more effectual," 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"

Heath to take the Name of Duke, Bill.

The same Lord made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enable John Heath Esquire and his Heirs Male to take and use the Surname and Arms of Duke, according to the Direction of the last Will and Testament of Richard Duke Esquire, deceased," was committed.

Montgomery Moir to amend Appeal.

Upon reading the Petition of George Montgomery Moir, praying, "In regard he omitted to make Alexander and Archibald Stevensons Parties to his Appeal (which he is advised ought to be done), that ne may amend the same, by making the said Persons Parties, the Petitioner amending the Respondent's Copy"

It is Ordered, That the Petitioner be at Liberty to amend the said Appeal, as desire, he amending the Respondent's Copy.

Sutherland against Gordon.

After hearing Counsel in Part, upon the Petition and Appeal of William Sutherland of Litue Torholl, complaining of Two Interlocutors of the Lords of Session in Scotland, to which Alexander Gordon of Ardoch Esquire is Respondent.

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Provost, &c Queens College, Oxon, Petition referred to Judges.

Upon reading the Petition of Joseph Smith Doctor in Divinity, Provost of Queens College, in the University of Oxford, and the Scholars of the said College, praying Leave to bring in a Bill, for the better effecting the Purposes mentioned in the Will of John Michel late of Richmond in the County of Surry Esquire, deceased.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 7^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Ld Chedworth & al Petition referred to Judges.

Upon reading the Petition of John Thynne Lord Chedworth, and Martha Parker, One of the Daughters of Sir Philip Parker Long, deceased, praying Leave to bring in a Bill, to enable the said Lord Chedworth, on certain Terms in the Petition mentioned, to settle and limit such Jointure for the Petitioner Martha, and make Provision for the Daughters and Younger Sons of the said Petitioners, in case the intended Marriage between them shall take Effect, and for other Purposes in the Petition expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

Ld Dalmenie Petition referred to Judges.

Upon reading the Petition of John Primrose Esquire, commonly called Lord Dalmenie, Son and Heir Apparent of James now Earl of Roseberry; praying Leave to bring in a Bill, for securing and providing such reasonable Jointure to Mary Countess of Roseberry his Mother, in case of her surviving his Father the Earl her Husband, upon certain Estates in Scotland in the Petition mentioned, and such Provisions to Niel and Dorothy Primrose the Petitioner's Brother and Sister, as therein is expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

George Courtenay & Ux Petition referred to Judges.

Upon reading the Petition of George Courtenay Esquire and Mary Courtenay his Wife, praying Leave to bring in a Bill, for Sale of the Manor of Hornacott and Lands thereto belonging, in the County of Cornwall, for discharging Interest due on Mortgages, and other Encumbrances, and to execute certain Powers in the Petition mentioned, for the Benefit of the said Mary the Petitioner's Wife and Younger Children.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr Baron Clive, with the usual Directions, according to the Standing Order.

Knight & al. Petition referred to Judges.

Upon reading the Petition of Elizabeth Knight, Wife of William Knight of Frickley in the County of York Gentleman, and one of the Aunts and Coheris of Robert Plompton, Esquire deceased, and of Cecily Plompton and Ann Plompton, Spinsters, Two other of the Coheirs of the said Robert Plompton, praying Leave to bring in a Bill, to enable them to sell and convey certain Estates, in the County of York, in the Petition mentioned, for discharging Encumbrances affecting the same.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Gundry and Mr Baron Smyth, with the usual Directions, according to the Standing Order.

Sir W Maxwell, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir William Maxwell Baronet, praying Leave to bring in a Private Bill.

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 enable Sir William Maxwell of Monreith Baronet, and the Heirs of Entail for the Time being, to sell Lands in the County of Wigtown, for Payment of Debts, and other Purposes therein mentioned."

Stamford Road, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His present Majesty, for repairing the Road between Stamford and Grantham, in the County of Lincoln, and for making the same more effectual."

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

It was Resolved in the Affirmative.

Heath to take the Name of Duke, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Heath Esquire, and his Heirs Male, to take and use the Surname and Arms of Duke, according to the Direction of the last Will and Testament of Richard Duke Esquire, deceased"

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

It was Resolved in the Affirmative.

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

And Messages were severally ordered to be sent to the House of Commons, by Mr. Bennett and Mr. Elde

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Pleydell's Bill.

The House being moved, "That the Standing Order, in relation to Bills for selling Lands in one Place, and buying Lands in another, may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act for Sale of the Estate late of Edmund Pleydell Esquire, in Gloucestershire, and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Will," stands committed, may proceed on the said Bill, notwithstanding there is not yet any Agreement made for the Purchase of other Lands, in which the Money that may arise from the said Sale may be invested"

Ordered, That the said Motion be taken into Consideration on Monday next, and the Lords to be summoned.

Peers's Bill.

The like Motion and Order was made, in relation to the Bill, intituled, "An Act for Sale of a Capital Messuage at Bromley, and divers Messuages, Lands, and Hereditaments, in the Counties of Middlesex and Essex, late the Estate of Sir Charles Peers Knight, deceased, some Time since One of the Aldermen of the City of London, and for purchasing another Estate, to be settled to the Uses of his Will," which likewise stands referred to a Select Committee.

Taylor, Leave for a Bill, to take the Name of Leyborne.

Upon reading the Petition of William Leyborne, formerly called William Leyborne Taylor; praying Leave to bring in a Bill, to enable him to take and use the Surname of Leyborne only, and that the Coat of Arms belonging to William Leyborne late of London Merchant, deceased, may be established and confirmed, according to the Tenor and Purport of the Will of the said William Leyborne

It is Ordered, That Leave be given to bring in a Bill, as desired.

Sutherland against Gordon.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of William Sutherland of Little Torboll, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 4th of November 1747, and 4th of June 1748, made on the Behalf of Alexander Gordon of Ardoch Esquire, and praying, "That the same might be reversed, varied, or altered, and such other Relief given as to this House in their great Wisdom and Justice should seem meet." As also upon the Answer of the said Alexander Gordon put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Judgement.

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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.