House of Lords Journal Volume 29
March 1759, 1-10

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History of Parliament Trust

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1767-1830

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431-437

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'House of Lords Journal Volume 29: March 1759, 1-10', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 431-437. URL: http://www.british-history.ac.uk/report.aspx?compid=114461 Date accessed: 25 October 2014.


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March 1759, 1-10

DIE Jovis, 1o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Lincoln.
Epus. Carliol.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Comes Lincoln.
Comes Denbigh.
Comes Stamford.
Comes Sandwich.
Comes Litchfield.
Comes Findlater.
Comes Aberdeen.
Comes Marchmont.
Comes Bath.
Comes Powis.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Viscount Folkestone.
Ds. Wentworth.
Ds. Delamer.
Ds. Cathcart.
Ds. Foley.
Ds. Ducie.
Ds. Sandys.
Ds. Archer.
Ds. Ponsonby.
Ds. Hyde.

PRAYERS.

E. of Rothes against Philp.

The Answer of John Philp, to the Appeal of John Earl of Rothes, was brought in.

Preston upon Stower Enclosure, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open, Arable, Meadow, Pasture, and Waste Grounds, in the Parish of Preston upon Stower, in the County of Gloucester," 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."

Peckham to take the Name of Fowle, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Thomas Peckham Esquire and his Issue to take and use the Surname of Fowle," 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."

Molyneux's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for transferring to the Guardians of Charles William Molyneux, an Infant, a certain Power of Leasing, contained in the Marriage Settlement of Richard late Lord Viscount Molyneux, deceased, during the Minority, and for the Benefit, of the said Infant."

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

Ld. Chamberlain.
E. Lincoln.
E. Denbigh.
E. Sandwich.
E. Litchfield.
E. Findlater.
E. Marchmont.
E. Bath.
E. Hardwicke.
V. Folkestone.
L. B. Durham.
L. B. Lincoln.
L. B. Carlisle.
L. B. Litch. & Cov.
L. Wentworth.
L. Delamer.
L. Cathcart.
L. Ducie.
L. Sandys.
L. Hyde.

Their Lordships, or any Five of them; to meet on Friday the 16th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Southwark Small Debts Act to extend, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Twentysecond Year of His present Majesty's Reign, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Town and Borough of Southwark, and the several Parishes of Saint Saviour, Saint Mary at Newington, Saint Mary Magdalen Bermondsey, Christ Church, Saint Mary Lambeth, and Saint Mary at Rotherhith, in the County of Surrey, and the several Precincts and Liberties of the same; and for extending the Powers and Provisions of the said Act to such Part of the Eastern Half of the Hundred of Brixton in the said County as is not included in the said Act."

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.

Barry's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Manor of Duxford, and divers Lands and Hereditaments in the County of Cambridge, Part of the settled Estate of James Barry Esquire and Elizabeth his Wife, in Trustees, to be conveyed to Richard Crop Esquire, pursuant to Articles; and for settling other Estates, in the County of York, of greater Value, in Lieu thereof, to the Uses of their Marriage Settlement."

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

Their Lordships, or any Five of them; to meet on Friday the 16th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

Ld R. Manners & al. against Moore & al.: Appeal with drawn, with Costs.

A Petition of the Lord Robert Manners and others, Appellants in a Cause depending in this House, wherein Stephen Moore and Alice his Wife and others are Respondents, was presented, and read; praying, "That they may be at Liberty to withdraw their Appeal."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, upon Payment of £. 30 Costs to the Respondents.

M'Allester, Leave to appeal.

A Petition of Angus McAlester Esquire, was presented, and read; setting forth, "That the Petitioner, thinking himself aggrieved by Two Interlocutors of the Lords of Session in Scotland, upon the First Intelligence he had of the said Interlocutors being pronounced, sent Directions to his Agent in Edinburgh, to present an Appeal to this House against the same; but that, the Petitioner living in a remote Part of Argyllshire, it was impossible, as will appear by the Affidavit of his Agent, annexed to the Petition, that such Appeal could be presented within the Time limited by their Lordships Standing Order for presenting Appeals;" and therefore praying, "That he may be at Liberty to present his said Appeal, though the Time limited is expired."

And thereupon the annexed Affidavit of David Campbell, Writer to the Signet, being read:

Ordered, That the Petitioner be at Liberty to present his said Appeal, as desired.

M'Alester against Macdonald.

Upon reading the Petition and Appeal of Angus M'Alester of Loup Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the 12th of December 1758; and of another Interlocutor of the said Lords, adhering thereto, of the 4th of January 1759; and praying, "That the same may be reversed; and that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Jean M'Donald may be required to answer the said Appeal:"

It is Ordered, That the said Jean M'Donald may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Thursday the 29th Day of this Instant March; and Service of this Order upon her Procurators or Agents before the Court of Session in Scotland shall be deemed good Service.

D. of Gordon & al. against Gordon.

The House being moved, "That Monday the 19th Instant may be appointed, for hearing the Cause wherein Alexander Duke of Gordon and others are Appellants, and John Gordon is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 19th Instant, as desired.

Grants, to amend their Appeal.

Upon reading the Petition of John Grant the Elder and John Grant the Younger, Appellants in a Cause depending in this House, wherein Thomas Forbes is Respondent; setting forth, "That, since the presenting the Petitioners Appeal from certain Interlocutors of the Court of Session in Scotland, the said Court, on the 20th of February last, pronounced another Interlocutor in the same Cause;" and praying, "In regard the Petitioners apprehending themselves aggrieved by the said last-mentioned Interlocutor, that they may be at Liberty to amend their said Appeal, by inserting therein the said Interlocutor; so that the whole Cause may be before their Lordships at the Hearing:"

It is Ordered, That the Appellants be at Liberty to amend their said Appeal, by adding the said Interlocutor, as desired; they amending the Respondent's Copy.

Mansfield Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the High Road leading from the Town of Mansfield in the County of Nottingham, through the Towns of Pleasley, Glapwell, Heath, and Normenton, and the Liberty of Hasland, to the Turnpike Road leading from the Town of Derby to the Town of Chesterfield in the County of Derby."

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 next, at the usual Time and Place; and to adjourn as they please.

Phipps and Ld. Boyle, Leave for a Bill to renew a Lease:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Constantine Phipps Esquire and John Lord Boyle; 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 1a vice lecta est Billa, intituled, "An Act for raising Money, out of the Personal Estate of the late Dutchess of Buckinghamshire and Normanby, deceased, to renew a Lease of certain Manors and Estates in the County of York, in the Manner, and for the Purposes, therein mentioned."

Address for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 11th of January 1758, and 11th of January 1759; 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 Day of December 1716, the said Fund hath been applied."

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

Respondents peremptorily to answer Appeal of His Majesty's Advocate.

The House being informed, "That Colin Bayne and others, Respondents to the Appeal of His Majesty's Advocate of Scotland, for His Majesty's Interest, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of David Lothian Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

D. of Bridgewater's Navigable Canal, Bill.

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

With a Bill, intituled, "An Act to enable the most Noble Francis Duke of Bridgewater to make a Navigable Cut, or Canal, from a certain Place in the Township of Salford, to or near Worsley Mill and Middlewood in the Manor of Worsley, and to or near a Place called Hollin Ferry, in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.

Great Glen Common, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Open and Common Fields in Great Glen, in the County of Leicester, called The Nether or South End Fields, and all the Lands and Grounds within the same Fields;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 5o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Duresm.
Epus. Eliens.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Carliol.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Meneven.
Epus. Cicestrien.
Epus. Bangor.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Somerset.
Dux Argyll.
Dux Manchester.
Dux Bridgewater.
Comes Stamford.
Comes Winchilsea.
Comes Shaftesbury.
Comes Morton.
Comes Findlater.
Comes Aberdeen.
Comes Marchmont.
Comes Macclesfield.
Comes Bath.
Comes Powis.
Comes Guilford.
Comes Cornwallis.
Comes Darlington.
Comes Ilchester.
Viscount Say & Sele.
Viscount Weymouth.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Hay.
Ds. Bathurst.
Ds. Ducie.
Ds. Sandys.
Ds. Bruce.
Ds. Anson.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Hyde.
Ds. Lyttelton.

PRAYERS.

M'Alester against M'Donald.

The Answer of Jane M'Donald, to the Appeal of Angus M'Alester Esquire, was brought in.

Samuel Lord Sandys 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.

Pecholier & al. Nat. Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Thomas Pecholier, Peter Harisson; and Samuel Bernard Graff," 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.

Preston upon Stour Enclosure, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open, Arable, Meadow, Pasture, and Waste Grounds, in the Parish of Preston upon Stower, in the County of Gloucester."

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

It was Resolved in the Affirmative.

Peckham to take the Name of Fowle, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Thomas Peckham Esquire and his Issue to take and use the Surname of Fowle."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Elde and Mr. Burroughs:

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

Warburton, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Warburton Esquire; 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 1a vice lecta est Billa, intituled, "An Act to empower William Warburton Esquire to make Leases of Part of his settled Estate in Malvern Chace, for Ninety-nine Years, in order for the cultivating and improving of the same."

Great Glen Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open and Common Fields in Great Glen, in the County of Leicester, called The Nether or South End Fields, and all the Lands and Grounds within the same Fields."

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

Ld. Chamberlain.
D. Manchester.
D. Bridgewater.
E. Stamford.
E. Winchilsea.
E. Shaftesbury.
E. Findlater.
E. Aberdeen.
E. Marchmont.
E. Bath.
E. Cornwallis.
V. Say & Sele.
V. Weymouth.
L. Abp. Canterbury.
L. B. Durham.
L. B. Lincoln.
L. B. Litch. & Cov.
L. B. Bristol.
L. Willoughby Par.
L. Delamer.
L. Ducie.
L. Sandys.
L. Bruce.
L. Hyde.

Their Lordships, or any Five of them; to meet on Tuesday the 13th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Buckley Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Buckley Esquire; 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 1a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estates of Thomas Buckley Esquire, in the County of Lancaster, for discharging an Encumbrance affecting the same prior to his Marriage Settlement."

Ld. C. Cavendish against Sir J. Lowther.

After hearing Counsel in Part, in the Cause wherein Lord Charles Cavendish is Appellant, and Sir James Lowther Baronet Respondent:

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 6o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Duresm.
Epus. Eliens.
Epus. Carliol.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Glocestr.
Epus. Bangor.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Somerset.
Dux Bridgewater.
Comes Huntingdon.
Comes Stamford.
Comes Winchilsea.
Comes Litchfield.
Comes Morton.
Comes Findlater.
Comes Strafford.
Comes Aylesford.
Comes Macclesfield.
Comes Northumberland.
Comes Cornwallis.
Comes Hardwicke.
Comes Darlington.
Comes Ilchester.
Viscount Say & Sele.
Viscount Weymouth.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Cathcart.
Ds. Hay.
Ds. Ducie.
Ds. Sandys.
Ds. Ravensworth.
Ds. Feversham.
Ds. Ponsonby.
Ds. Hyde.
Ds. Mansfield.

PRAYERS.

Grant against Forbes.

The Answer of Thomas Forbes Merchant, to the Appeal of John Grant the Elder and John Grant the Younger of Rothmaise, was brought in.

Mansfield Road, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the High Road leading from the Town of Mansfield in the County of Nottingham, through the Towns of Pleasley, Glapwell, Heath, and Normenton, and the Liberty of Hasland, to the Turnpike Road leading from the Town of Derby to the Town of Chesterfield 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; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

D. of Bridgewater's Bill: King's Consent signified.

The Lord Hay, as Chancellor of the Dutchy of Lancaster, acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act to enable the most Noble Francis Duke of Bridgewater to make a Navigable Cut, or Canal, from a certain Place in the Township of Salford, to or near to Worsley Mill and Middlewood in the Manor of Worsley, and to or near a Place called Hollin Ferry, in the County Palatine of Lancaster," was pleased to consent (as far as the Interest of the Crown is concerned) that their Lordships may proceed therein as they shall think fit."

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the most Noble Francis Duke of Bridgewater to make a Navigable Cut, or Canal, from a certain Place in the Township of Salford, to or near to Worsley Mill and Middlewood in the Manor of Worsley, and to or near a Place called Hollin Ferry, in the County Palatine of Lancaster."

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

Ld. Chamberlain.
D. Somerset.
D. Bridgewater.
E. Huntingdon.
E. Stamford.
E. Winchilsea.
E. Litchfield.
E. Findlater.
E. Aylesford.
E. Macclesfield.
E. Northumberland.
E. Cornwallis.
E. Hardwicke.
E. Darlington.
V. Say & Sele.
V. Falmouth.
L. Bp. Durham.
L. B. Carlisle.
L. B. Litch. & Cov.
L. Willoughby Par.
L. Delamer.
L. Cathcart.
L. Ducie.
L. Sandys.
L. Mansfield.

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.

Pecholier & al. Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Thomas Pecholier, Peter Harisson, and Samuel Bernard Graff."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Elde and Mr. Burroughs:

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

Warburton's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to empower William Warburton Esquire to make Leases of Part of his settled Estate, in Malvern Chase, for Ninety-nine Years, in order for the cultivating and improving of the same."

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 21st Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

Buckley's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estates of Thomas Buckley Esquire, in the County of Lancaster, for discharging an Encumbrance affecting the same prior to his Marriage."

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.

The King's Answer to Address for State of the National Debt.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with the Address of this House, for a State of the National Debt; and that His Majesty was pleased to say, He would give Directions that the same be laid before the House accordingly."

L. V. Arbuthnot against Tulloch.

Upon reading the Petition and Appeal of John Viscount of Arbuthnott; complaining of an Interlocutor of the Lords of Session in Scotland, of the 26th of January 1759; and of another Interlocutor of the said Lords, of the 17th of February last, adhering thereto; and praying, "That the same may be reversed, varied, or altered; and that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice shall seem meet; and that Thomas Tulloch may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Tulloch may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 4th Day of April next; and Service of this Order upon any of his Procurators or Agents before the Court of Session in Scotland shall be deemed good Service.

E. Rothes against Philp.

The House being moved, "That Friday the 23d Instant may be appointed, for hearing the Cause wherein John Earl of Rothes is Appellant, and John Philp Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 23d Instant, as desired.

Grant against Forbes.

The House being moved, "That Monday the 26th Instant may be appointed, for hearing the Cause wherein John Grant the Elder and John Grant the Younger are Appellants, and Thomas Forbes is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 26th Instant, as desired.

Ld. C. Cavendish against Sir J. Lowther:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the Right Honourable Charles Cavendish Esquire, commonly called Lord Charles Cavendish; complaining of a Decree of the Court of Chancery, of the 27th of May 1758; and praying, "That the same might be reversed; and that this House would make such Order in the Premises as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of Sir James Lowther Baronet put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree 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 Decree therein complained of be, and the same is hereby, affirmed.

Mackenzie to enter into a Recognizance on M'Allester's Appeal.

The House being moved, "That Mr. Kenneth Mackenzie of the Parish of Saint Martin in the Fields may be permitted to enter into a Recognizance for Angus M'Alester Esquire, on account of his Appeal depending in this House; he living in Scotland:"

It is Ordered, That the said Kenneth Mackenzie may enter into a Recognizance for the said Appellant, as desired.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 7o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Bangor.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Argyll.
Dux Bridgewater.
Comes Denbigh.
Comes Winchilsea.
Comes Sandwich.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Gower.
Comes Guildford.
Comes Cornwallis.
Comes Hardwicke.
Viscount Weymouth.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Ducie.
Ds. Sandys.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Mansfield.

PRAYERS.

Willoughby Common Bill.

A Message was brought from the House of Commons, by Sir Charles Mordaunt and others:

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, and Common Grounds, within the Manor and Parish of Willoughby, in the County of Warwick;" to which (fn. 1) they desire the Concurrence of this House.

Coant to take the Name of Wakelin, Bill.

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

With a Bill, intituled, "An Act to enable John Coant Gentleman and his Issue to take and use the Surname of Wakelin;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Report of Commissioners of Greenwick Hospital.

The House being informed, "That Mr. Horne, from the Commissioners of Greenwich Hospital attended:"

He was called in; and delivered, at the Bar, pursuant to the Directions of an Act of Parliament,

"The Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between the 1st of December 1757 and 30th of November 1758; and of their Proceedings in carrying on the Building."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

D. of Bridgewater's Bill.

The Lord Viscount Weymouth reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the most Noble Francis Duke of Bridgewater to make a Navigable Cut, or Canal, from a certain Place in the Township of Salford, to or near to Worsley Mill and Middlewood, in the Manor of Worsley, and to or near a Place called Hollin Ferry, in the County Palatine of Lancaster," 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."

Mansfield Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the High Road leading from the Town of Mansfield in the County of Nottingham, through the Towns of Pleasley, Glapwell, Heath, and Normenton, and the Liberty of Hasland, to the Turnpike Road leading from the Town of Derby to the Town of Chesterfield in the County of Derby."

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. Elde and Mr. Burroughs:

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

Phipps & al. to renew a Lease, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for raising Money, out of the Personal Estate of the late Dutchess of Buckinghamshire and Normanby, deceased, to renew a Lease of certain Manors and Estates in the County of York, in the Manner, and for the Purposes, therein mentioned."

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

D. Argyll.
D. Bridgewater.
E. Denbigh.
E. Winchilsea.
E. Sandwich.
(fn. 2) E. Morton.
(fn. 2) E. Loudoun.
E. Findlater.
E. Marchmont.
E. Gower.
E. Hardwicke.
L. B. Durham.
L. B. Lincoln.
L. B. Litch. & Cov.
L. B. Bangor.
L. Willoughby Par.
L. Delamer.
L. Ducie.
L. Sandys.
L. Ravensworth.

Their Lordships, or any Five of them; to meet on Thursday the 22d Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

M. Carnarvan, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Marquis and Marchioness of (fn. 3) Carnarvan; 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 1a vice lecta est Billa, intituled, "An Act for settling the Real and Leasehold Estates of the most Honourable Margaret Brydges (commonly called Marchioness of Carnarvan, Wife of the most Honourable James Brydges Esquire, commonly called Marquis of Carnarvan, and late Margaret Nicoll Spinster, an Infant) for the Benefit of the said Marquis and Marchioness and their Issue; and for applying Part of the Personal Estate of the said Marchioness for the Purposes therein mentioned."

His Majesty's Advocate against E. of Home:

This Day being appointed for hearing Counsel, upon the Petition and Appeal of Robert Dundas of A nision Esquire His Majesty's Advocate for Scotland, on Behalf of His Majesty; complaining of an Interlocutor of the Lords of Session in Scotland, of the 28th of July 1758, made on the Behalf of William Earl of Home; and praying, "That the same might be reversed or varied; and that the Appellant, on Behalf of His Majesty, might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet; to which Appeal the said William Earl of Home hath not put in his Answer, though peremptorily ordered so to do:"

Counsel were accordingly called in.

And Counsel appearing for the Appellant (but none for the Respondent) they were heard, to state and argue the Case; on Behalf of the Appellant.

And, having prayed a Reversal of the Interlocutor complained of, they were directed to withdraw.

And due Consideration being had of what was offered:

Interlocuters reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor complained of in the said Appeal be, and the same is hereby, reversed; and that the Interlocutor of the said Lords of Session, of the 27th of June 1758, preferring the Crown to the Patronage in Question, be, and the same is hereby, affirmed.

Fillingham Common, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing several Common Fields and Grounds within the Manor and Parish of Fillingham, in the County of Lincoln;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

M Alester against M'Donald.

The House being moved, "That Wednesday the 28th Day of this Instant March may be appointed, for hearing the Cause wherein Angus M'Alester is Appellant, and Jean M'Donald is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 28th Instant, as desired.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, duodecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin. the.
2 Origin. Ld.
3 Origin. Carnavan.