House of Lords Journal Volume 37
April 1785 1-10

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History of Parliament Trust

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1767-1830

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221-229

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'House of Lords Journal Volume 37: April 1785 1-10', Journal of the House of Lords volume 37: 1783-1787 (1767-1830), pp. 221-229. URL: http://www.british-history.ac.uk/report.aspx?compid=116767 Date accessed: 21 September 2014.


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April 1785 1-10

DIE Lunæ, 4o Aprilis 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Exon.
Epus. Bangor.
Epus. Landaven.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Comes Denbigh.
Comes Westmorland.
Comes Morton.
Comes Cassillis.
Comes Abercorn.
Comes Ferrers.
Comes Dartmouth.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Scarsdale.
Ds. Hawke.
Ds. Sommers.

PRAYERS.

Robb et al. against Thompson et al.

The Answer of William Thompson and others, to the Appeal of Robert Robb and others, was this Day brought in.

Anderson et al. against Afflect et al.

As was also, the Answer of David Afflect and others, to the Appeal of John Anderson and others.

Tod et al. against Young et al.

Also, the Answer of Margaret and Janet Young and others, to the Appeal of William Tod and others.

Johnston et al. against Tenant and Gray.

And also, the joint Answer of Alexander Tenant and William Gray Junior, to the Appeal of Andrew Johnston and others.

Sir James Nasmyth against Samson and Aitken:

After hearing Counsel as well on Wednesday the 23d and Thursday the 24th Days of March last as this Day, upon the Petition and Appeal of Sir James Nasmyth of Posso Baronet, (which Appeal upon the Death of David Samson the Respondent was by order of this House of the 16th of February last revived against John Samson, his Brother and Heir at Law,) complaining of Four Interlocutors of the Lords of Session in Scotland, of the 28th of November 1783, and 10th of March, 26th of June, and 8th of July 1784; and praying, "That the same might be reversed, varied, or amended, or that the Appellant might have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, should seem meet;" as also upon the Answer of John Samson Shipmaster in Leith, Heir at Law of David Samson, late Factor to the Earl of Hopetoun deceased, and George Aitken Gentleman, who is now in Right of the Adjudication of the Lands of Glenkirk, and others, led by the said deceased David Samson by Disposition from him, put in to the said Appeal ; and due Consideration had of what was offered on either Side in this Cause :

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be and is hereby dismissed this House; and that the said Interlocutors therein complained of be and the same are hereby affirmed.

Bp. Hereford, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable and Right Reverend James Lord Bishop of Hereford, 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 confirming an Exchange agreed upon between the Lord Bishop of Hereford and the Right Honourable Charles Lord Sommers, of certain Estates in the County of Hereford."

Robb et al. against Thompson et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Robert Robb and others are Appellants, and William Thompson and others are Respondents :"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Anderson et al. against Afflect et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein John Anderson and others are Appellants, and David Afflect and others are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Tod et al. against Young et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein William Tod and others are Appellants, and Margaret and Janet Young and others are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Johnston et al. against Tenant and Gray.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Andrew Johnston and others are Appellants, and Alexander Tenant and William Gray Junior are Respondents:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Dunn against Young:

Upon reading the Petition and Appeal of James Dunn, Keeper of the Hotel in Saint Andrew Square Edinburgh; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 9th and 11th of March 1785; and praying, "That the same may be reversed, varied, or altered, or 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 John Young, Wright and Architect in Edinburgh, may be required to Answer the said Appeal:"

It is Ordered, That the said John Young may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 2d Day of May next; and Service of this order upon the said Respondent, or upon any of his Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Anderson to enter into Recognizance on said Appeal.

The House being moved, "That Andrew Anderson of the Middle Temple London, Gentleman, may be permitted to enter into a Recognizance for James Dunn, on Account of his Appeal depending in this House, he residing in Scotland:"

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

L. King Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable Peter Lord King, in Behalf of himself and his infant Sons; 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 in Trust for Peter Lord King and his Heirs, the Inheritance in Fee-Simple of a Messuage or Dwelling House in Dover Street in the County of Middlesex, devised and limited by the Will of Thomas Lord King deceased ; and for settling a Farm, Lands, and Hereditaments, in the County of Surrey, in Lieu thereof, to the Uses limited by the same Will."

Adjourn.

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

DIE Martis, 5o Aprilis 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Bangor.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Comes Abercorn.
Comes Oxford & Mortimer.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. King.
Ds. Scarsdale.
Ds. Amherst.

PRAYERS.

Dunn against Young.

The Answer of John Young, Architect in Edinburgh, to the Appeal of James Dunn, Keeper of the Hotel in Saint Andrew's Square Edinburgh, was this Day brought in.

Bp. Hereford's Exchange Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming an Exchange agreed upon between the Lord Bishop of Hereford, and the Right Honourable Charles Lord Sommers, of certain Estates in the County of Hereford."

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

E. Abercorn.
E. Oxford & Mortimer.
L. Abp. Canterbury.
L. Bp. Bangor.
L. Bp. Bristol.
L. Sydney.
L. King.
L. Scarsdale.
L. Amherst.

Their Lordships, or any Five of them, to meet on Wednesday the 20th Day of this instant April, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

L. King's Estate Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting in Trust for Peter Lord King and his Heirs the Inheritance in Fee-Simple of a Messuage or Dwelling House in Dover Street in the County of Middlesex, devised and limited by the Will of Thomas Lord King deceased, and for settling a Farm, Lands, and Hereditaments, in the County of Surrey, in Lieu thereof, to the Uses limited by the same 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 Thursday the 21st Day of this instant April, at the usual Time and Place; and to adjourn as they please.

Dunn against Young.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein James Dunn is Appellant, and John Young is Respondent:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes after those already appointed."

The House was adjourned during Pleasure.

The House was resumed.

Whitby Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act, passed in the Fourth Year of the Reign of His present Majesty, for repairing and widening the Road from the West End of Baxter Gate in the Town of Whitby, to the South End of Lockton Lane in the Parish of Middleton, in the County of York;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Colerne Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the several Open and Common Arable Fields, and the Down or Common called Colerne Down, within the Parish of Colerne in the County of Wilts ;" to which they desire the Concurrence of this House.

American Trade Bill read Three Times and passed:

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

With a Bill, intituled, "An Act for further continuing, for a limited Time, an Act made in the Twenty-third Year of the Reign of His present Majesty, intituled, "An Act for preventing certain Instruments from being required from Ships belonging to the United States of America, and to give to His Majesty, for a limited Time, certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the said United States;" and for continuing, for a limited Time, an Act made in the Twenty-fourth Year of the Reign of His present Majesty, intituled, "An Act to extend the Powers of an Act, made in the Twenty-third Year of His present Majesty, for giving His Majesty certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the United States of America, to the Trade and Commerce of this Kingdom with the British Colonies and Plantations in America, with respect to certain Articles therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hodie 2a & 3a vice lecta est Billa, intituled, "An Act for further continuing, for a limited Time, an Act made in the Twenty-third Year of the Reign of His present Majesty, intituled, "An Act for preventing certain Instruments from being required from Ships belonging to the United States of America, and to give to His Majesty, for a limited Time, certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the said United States ;" and for continuing, for a limited Time, an Act made in the Twenty-fourth Year of the Reign of His present Majesty, intituled, "An Act to extend the Powers of an Act, made in the Twenty-third Year of His present Majesty, for giving His Majesty certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the United States of America, to the Trade and Commerce of this Kingdom with the British Colonies and Plantations in America, with respect to certain Articles therein mentioned."

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. Montagu :

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

Adjourn.

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

DIE Mercurii, 6o Aprilis 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Exon.
Epus. Bangor.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Comes Gower C. P. S.
Dux Portland.
Dux Manchester.
Comes Westmorland.
Comes Morton.
Comes Moray.
Comes Abercorn.
Comes Dunmore.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Strafford.
Comes Bathurst.
Viscount Stormont.
Viscount Mount Edgcumbe & Valletort.
Viscount Sackville.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Howard de Walden.
Ds. Middleton.
Ds. Scarsdale.
Ds. Amherst.
Ds. Loughborough.
Ds. Sommers.

PRAYERS.

E. Strafford takes the Oaths.

This Day William Earl of Strafford took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Stewart & Co. against Dunlop.

After hearing Counsel in Part in the Cause, wherein John Stewart and Company, Merchants in Greenock, are Appellants, and John Dunlop and others, Merchants in Glasgow, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Friday next; and that the Cause which stands for Friday next be put off to Monday next; and that the rest of the Causes on Cause Days be removed in Course.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Archbishop of Canterbury on his Right Hand, and the Lord Sydney on his Left, commanded the Yeoman Usher of the Black Road to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

My Lords, and Gentlemen of the House of Commons,

His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded Us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose; which Commission you will now hear read."

Then the said Commission was read by the Clerk, as follows: (videlicet)

GEORGE R.

George the Third by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth : To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting : Whereas We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorssed by you, as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say) "An Act for further continuing, for a limited Time, an Act made in the Twenty-third Year of the Reign of His present Majesty, intituled, An Act for preventing certain Instruments from being required from Ships belonging to the United States of America, and to give to His Majesty, for a limited Time, certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the said United States;" and for continuing for a limited Time an Act made in the Twenty-fourth Year of the Reign of His present Majesty, intituled, "An Act to extend the Powers of an Act made in the Twenty-third Year of His present Majesty, for giving His Majesty certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the United States of America, to the Trade and Commerce of this Kingdom with the British Colonies and Plantations in America, with respect to certain Articles therein mentioned." "An Act for enlarging the Term and Powers of an Act, passed in the Fourth Year of the Reign of His present Majesty, for repairing and widening the Road from Beverley to Kexby Bridge, in the County of York." "An Act for repairing the Highways, Bridges, and Ferries in the County of Perth." And albeit the said Acts by you Our said Subjects the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts ; and forasmuch as for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same; and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts ; Willing that the said Acts, and every Article, Clause, Sentence, and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern : Commanding also, by these Presents, Our right trusty and well-beloved Counsellor Edward Lord Thurlow, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; And also, commanding Our most dear Son and Our faithful Counsellor George Prince of Wales; the most Reverend Father in God Our right trusty and well-beloved Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain ; Our right trusty and well-beloved Counsellor Charles Lord Camden, President of Our Council; Our right trusty and well-beloved Cousin and Counsellor Granville Earl Gower, Keeper of Our Privy Seal ; Our right trusty and right entirely beloved Cousins and Counsellors James Duke of Chandos, Steward of Our Household; Charles Duke of Richmond, George Duke of Montagu, Master of Our Horse ; Our right trusty and right well-beloved Cousins and Counsellors James Earl of Salisbury, Chamberlain of Our Household ; William Earl of Mansfield, Our Chief Justice assigned to hold Pleas before Us ; Our right trusty and well-beloved Cousins and Counsellors Thomas Viscount Weymouth, Groom of Our Stole; Richard Viscount Howe, First Commissioner of Our Admiralty ; and Our right trusty and well-beloved Counsellors Francis Lord Osborne, One of Our principal Secretaries of State, and Thomas Lord Sydney, One other of Our Principal Secretaries of State, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose, and the Clerk of Our Parliaments to endorse the said Acts, with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same; and also to enroll these Our Letters Patent, and the said Acts in the Parliament Roll, and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things to the contrary thereof notwithstanding: In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself at Westminster, the Sixth Day of April, in the Twenty-fifth Year of Our Reign.

By the King Himself, signed with His own Hand.

"Yorke."

Then the Lord Chancellor said,

"In Obedience to His Majesty's Commands, and by Virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

1. "An Act for further continuing, for a limited Time, an Act made in the Twenty-third Year of the Reign of His present Majesty, intituled, "An Act for preventing certain Instruments from being required from Ships belonging to the United States of America, and to give to His Majesty, for a limited Time, certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the said United States; and for continuing, for a limited Time, an Act made in the Twenty-fourth Year of the Reign of His present Majesty, intituled, "An Act to extend the Powers of an Act made in the Twenty-third Year of His present Majesty, for giving His Majesty certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the United States of America, to the Trade and Commerce of this Kingdom with the British Colonies and Plantations in America with respect to certain Articles therein mentioned."

2. "An Act for enlarging the Term and Powers of an Act passed in the Fourth Year of the Reign of His present Majesty for repairing and widening the Road from Beverley to Kexby Bridge in the County of York."

3. "An Act for repairing the Highways, Bridges, and Ferries in the County of Perth."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)

"Le Roy le veult."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Liverpool Docks Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers of several Acts relating to the Harbour of Liverpool; and for making Two additional Docks and Piers in or near the Port of Liverpool;" to which they desire the Concurrence of this House.

Uxbridge Paving, &c. Bill.

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

With a Bill, intituled, "An Act for taking down the present Market House, and certain other Buildings in the Town of Uxbridge, for the Purpose of widening the High Street, and for paving the Footways, and lighting and cleansing the Streets and other Places within the said Town, and removing and preventing Nuisances and Annoyances therein; and for changing the Course of the Road between Mercer's Bridge and High Bridge, and for rebuilding the said Market House;" to which they desire the Concurrence of this House.

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

Public Offices Bill.

Ordered, That all the Lords be summoned to attend the House To-morrow, upon the Order of the Day for the House to be put into a Committee upon the Bill, intituled, "An Act for appointing Commissioners to enquire into the Fees, Gratuities, Perquisites, and Emoluments which are or have been lately received in the several Public Offices therein mentioned ; to examine into any Abuses which may exist in the same; and to report such Observations as shall occur to them for the better conducting and managing the Business transacted in the said Offices."

Robb et al. against Thompson et al.

Upon reading the Petition of William Thompson and others, Respondents in a Cause depending in this House, to which Robert Robb and others are Appellants, which stands appointed for hearing, setting forth, "That on the 24th of March last the Appellants presented their Appeal to their Lordships from an Interlocutor of the Lords of Session in Scotland; and also from an Interlocutor of the Lord Ordinary there: That a Petition having been presented to the House of Commons, complaining of the Election made by the Petitioners and others of John Anstruther Esquire, as Member to represent the District of Burghs of which the Burgh of Anstruther Wester is one, the same stands to be heard on the 5th Day of May next: That the Petitioners are advised that the Question in the present Appeal materially affects the Merits of the said Petition, and in respect this Cause cannot, as it at present stands for Hearing, come on to be heard in its Course before the said 5th Day of May ;" the Petitioners therefore pray their Lordships, "To order this Cause to be heard on Thursday the 21st Day of this instant April, or on such other Bye-Day as to their Lordships shall seem meet:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar on Thursday the 21st Day of this instant April, as desired.

Anderson et al. against Affect et al.

Upon reading the Petition of David Afflect and others, Respondents in a Cause depending in this House, to which John Anderson and others are Appellants, which stands appointed for Hearing, setting forth, "That on the 24th of March last the Appellants presented their Appeal to their Lordships from an Interlocutor of the Lords of Session in Scotland: That the Appellants and others did at the Beginning of this present Session of Parliament present a Petition to the House of Commons, complaining of the Election of John Anstruther Esquire, as Member for the District of Burghs of which the Burgh of Kilrenny is one, and the same is appointed to be heard on the 5th Day of May next: That the Question in the present Appeal does, as the Petitioners are advised, materially affect the Merits of the Petition so presented against the Election of the said John Anstruther as aforesaid; but as this Cause cannot, as it at present stands for Hearing, come on to be heard in its Course so early as the said 5th Day of May;" the Petitioners therefore humbly pray their Lordships, "To appoint this Cause to be heard on Tuesday the 26th Day of this instant April, or on such other Bye-Day, as to their Lordships shall seem meet:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar on Tuesday the 26th Day of this instant April, as desired.

Whitby Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Fourth Year of the Reign of His present Majesty for repairing and widening the Road from the West End of Baxter Gate, in the Town of Whitby, to the South End of Lockton Lane, in the Parish of Middleton, in the County of York."

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

Ld. Privy Seal.
D. Portland.
D. Manchester.
E. Westmorland.
E. Morton.
E. Moray.
E. Abercorn.
E. Dunmore.
E. Oxford & Mortimer.
E. Ferrers.
E. Strafford.
E. Bathurst.
V. Stormont.
V. Mount Edgcumbe & Valletort.
V. Sackville.
L. Abp. Canterbury.
L. Bp. Exeter.
L. Bp. Bangor.
L. Bp. Bristol.
L. Sydney.
L. Howard de Walden.
L. Middleton.
L. Scarsdale.
L. Amherst.
L. Loughborough.
L. Sommers.

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.

Adjourn.

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

DIE Jovis, 7o Aprilis 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Asaphen.
Epus. Eliens.
Epus. Cestrien.
Epus. Exon.
Epus. Lincoln.
Epus. Bangor.
Epus. Meneven.
Epus. Bristol.
Ds. Thurlow, Cancellarius.
Ds. Camden, Præses.
Comes Gower, C. P. S.
Dux Richmond.
Dux Queensberry.
Dux Portland.
Dux Manchester.
Dux Montagu.
Comes Huntingdon.
Comes Denbigh.
Comes Westmorland.
Comes Carlisle.
Comes Shaftesbury.
Comes Abingdon.
Comes Coventry.
Comes Morton.
Comes Moray.
Comes Abercorn.
Comes Galloway.
Comes Balcarras.
Comes Oxford & Mortimer.
Comes Fauconberg.
Comes Northington.
Comes Bathurst.
Comes Ailesbury.
Comes Clarendon.
Comes Uxbridge.
Comes Norwich.
Viscount Stormont.
Viscount Wentworth.
Viscount Dudley & Ward.
Viscount Mount Edgcumbe & Valletort.
Viscount Sackville.
Viscount Howe.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Howard de Walden.
Ds. Elphinstone.
Ds. Middleton.
Ds. Ponsonby.
Ds. Walpole.
Ds. Grantham.
Ds. Scarsdale.
Ds. Boston.
Ds. Digby.
Ds. Amherst.
Ds. Harrowby.
Ds. Loughborough.
Ds. Brudenell.
Ds. Walsingham.
Ds. Rodney.
Ds. Camelford.
Ds. Bulkeley.
Ds. Sommers.

PRAYERS.

Newnham's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for confirming a Mortgage made by John Newnham Esquire, of Part of his settled Estates in Sussex, pursuant to a Decree of the High Court of Chancery, and for enabling him to make a further Mortgage of his settled Estates, according to such Decree, and for discharging both Incumbrances, with the Produce of his Estates vested in Trustees to be sold," was committed: That they had considered the said Bill, and examined the Allegations thereof which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Whitby Road Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act, passed in the Fourth Year of the Reign of His present Majesty, for repairing and widening the Road, from the West End of Baxter Gate in the Town of Whitby, to the South End of Lockton Lane, in the Parish of Middleton in the County of York," 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."

Liverpool Docks Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of several Acts, relating to the Harbour of Liverpool, and for making Two additional Docks and Piers, in or near the Port of Liverpool."

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

Ld. President.
Ld. Privy Seal.
D. Richmond.
D. Queensberry.
D. Portland.
D. Manchester.
D. Montagu.
E. Huntingdon.
E. Denbigh.
E. Westmorland.
E. Carlisle.
E. Shaftesbury.
E. Abingdon.
E. Coventry.
E. Morton.
E. Moray.
E. Abercorn.
E. Galloway.
E. Balcarras.
E. Oxford & Mortimer.
E. Fauconberg.
E. Northington.
E. Bathurst.
E. Ailesbury.
E. Clarendon.
E. Uxbridge.
E. Norwich.
V. Stormont.
V. Wentworth.
V. Dudley & Ward.
V. Mount Edgcumbe & Valletort.
V. Sackville.
V. Howe.
L. Bp. Asaph.
L. Bp. Ely.
L. Bp. Chester.
L. Bp. Exeter.
L. Bp. Lincoln.
L. Bp. Bangor.
L. Bp. St. David's.
L. Bp. Bristol.
L. Sydney.
L. Howard de Walden.
L. Elphinstone.
L. Middleton.
L. Ponsonby.
L. Walpole.
L. Grantham.
L. Scarsdale.
L. Boston.
L. Digby.
L. Amherst.
L. Harrowby.
L. Loughborough.
L. Brudenell.
L. Walsingham.
L. Rodney.
L. Camelford.
L. Bulkeley.
L. Sommers.

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.

Colerne Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Open and Common Arable Fields, and the Down or Common called Colerne Down, within the Parish of Colerne in the County of Wilts."

Brune et al. Petition referred to Judges.

Upon reading the Petition of Charles Morton Pleydell Brune Esquire, Humphrey Prideaux the Elder, and Jenny his Wife, on Behalf of themselves and Mary Prideaux, Edmund Prideaux, Neville Richard Prideaux, William Brune Prideaux, and Thomas Prideaux, their Infants and Children, and of Charles Prideaux, and Humphrey Prideaux, Sons of the said Humprey Prideaux and Jenny Prideaux, and John Gape Esquire, and Betty his Wife, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

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

V. Dudley and Ward takes the Oaths.

This Day John Viscount Dudley and Ward took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Timberland Drainage Bill.

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

With a Bill, intituled, "An Act for draining, and preserving certain Low Lands, within the Parish of Timberland in the County of Lincoln;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

The House was adjourned during Pleasure,

The House was resumed.

Public Offices Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for appointing Commissioners to enquire into the Fees, Gratuities, Perquisites, and Emoluments, which are or have been lately received, in the several Public Offices therein mentioned; to examine into any Abuses which may exist in the same, and to report such Observations as shall occur to them, for the better conducting and managing the Business transacted in the said Offices;" and for the Lords to be summoned:

The House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed:

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

Ordered, That the said Report be received Tomorrow.

Adjourn.

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

DIE Veneris, 8o Aprilis 1785.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Lincoln.
Epus. Meneven.
Ds. Thurlow, Cancellarius.
Comes Gower, C. P. S.
Dux Richmond.
Comes Rochford.
Comes Morton.
Comes Moray.
Comes Abercorn.
Comes Oxford & Mortimer.
Comes Bathurst.
Comes Clarendon.
Comes Uxbridge.
Viscount Stormont.
Viscount Sackville.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. King.
Ds. Scarsdale.
Ds. Loughborough.

PRAYERS.

Stewart and Co. against Dunlop et al:

After hearing Counsel as well on Wednesday last as this Day, upon the Petition and Appeal of John Stewart and Company, Merchants in Greenock, complaining of two Interlocutors of the Lords of Session in Scotland, of the 23d of January and 11th of February 1784; and praying, "That the same might be reversed, varied, or altered; or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, should seem meet;" as also upon the Answer of John Dunlop, Alexander McCaal, James Gordon and others, Merchants in Glasgow, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be and is hereby dismissed this House; and that the said Interlocutors therein complained of be and the same are hereby affirmed.

Bermondsey Paving Bill.

A Message was brought from the House of Commons, by Sir Joseph Mawbey and others:

With a Bill, intituled, "An Act for better paving, cleansing, lighting, and watching the Streets, Lanes, Yards, Courts, Alleys, and Passages within that Part of the Parish of Saint Mary Magdalen, Bermondsey, in the County of Surrey, called the Water Side Division, and for removing and preventing Nuisances and Annoyances therein; and for lighting and watching certain Parts of and belonging to the Turnpike Road leading from the East End of New Street, in Southwark, to Deptford, in the County of Kent, within the said Water Side Division of the said Parish therein mentioned;" to which they desire the Concurrence of this House.

Wykeham Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the several Common Pastures, Commons or Waste Grounds, within the Townships of Wykeham and Ruston, in the Manor of Wykeham, in the North Riding of the County of York;" to which they desire the Concurrence of this House.

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

King's Consent to it.

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

Pemberton to take the Name of Cludde, Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable William Pemberton Esquire, and his First and other Sons and their Issue, to take, use, and bear the Name and Arms of Cludde, pursuant to the Will of Edward Cludde Esquire, deceased," 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."

Liverpool Docks Bill.

The Lord Scarsdale made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enlarge the Term and Powers of several Acts relating to the Harbour of Liverpool; and for making Two additional Docks and Piers, in or near the Port of Liverpool," was committed.

E. Gower takes the Oaths.

This Day Granville Leveson Earl Gower 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 at the Table delivered in a Certificate of his receiving the Sacrament; to the Truth whereof Witnesses were sworn and examined.

Public Offices Bill.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act for appointing Commissioners to enquire into the Fees, Gratuities, Perquisites, and Emoluments which are or have been lately received in the several Public Offices therein mentioned; to examine into any Abuses which may exist in the same, and to report such Observations as shall occur to them for the better conducting and managing the Business transacted in the said Offices:"

The Lord Scarsdale accordingly reported the said Amendments.

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

Pr. 2. L. 13. After ("Treasury") insert ("for the Office of the Treasury, for the Office of Paymaster General of His Majesty's Forces, the Offices of Customs and Excise in England and Scotland respectively, the Offices of Taxes, Stamps, and Salt Duties, the Offices of the Postmaster General, Surveyor General, and Auditors of the Land Revenue, Surveyor General of the Woods and Forests; and also for the Offices of Hackney Coaches, and for Hawkers and Pedlars respectively; that the Commissioners for executing the Office of Lord High Admiral of Great Britain, for the Admiralty, for the Treasurer of the Navy, for the Offices of the Navy and Victualling, and for sick and hurt Seamen respectively, and the principal Secretaries of State for their several Offices, the Master General of the Ordnance for the Office of Ordnance, His Majesty's Secretary at War for his Office")

L. 22. After ("Bills") insert ("for defraying the Contingent Expences")

L. 25. After ("two") insert ("or in such preceding and subsequent Years as they shall Judge most convenient")

L. 31. After ("Act") leave out ("and if the said Commissioners shall Judge it proper the like Accounts in any preceding or subsequent Year")

L. 37. After ("Consideration") leave out ("at such Times as they shall Judge most convenient")

L. 40. After ("Bills") leave out ("and proceed thereon in such Order as to them shall appear most proper") and instead thereof insert ("and shall proceed thereupon according to such Instructions and Directions as they shall receive from the King's Most Excellent Majesty in Council")

Pr. 3. L. 6. After ("them") insert ("to the King in Council") and leave out the following Words ("to the said Commissioners of His Majesty's Treasury, or the Lord High Treasurer for the Time being")

L. 10 and 11. Leave out the Words ("separately or generally when they shall think fit")

Pr. 4. L. 11 and 12. Leave out ("of all Desscriptions belonging to") and insert ("under")

L. 13 and 14. After ("mentioned") leave out ("and all other Persons") and insert ("whom they shall think fit to summon at such Time or Times as shall be fixed on Application to be made to the Principals of the said Offices for such Purpose and all other Persons who have had any Dealings or Transactions with the said Offices or the Representatives of such Persons")

L. 25. After ("as") leave out ("they or any Two of them")

L. 26. After ("shall") leave out ("appoint") and insert ("be appointed")

Pr. 5. L. 7. After ("Places") insert ("within the Cities of London or Westminster")

L. 13. After ("Records") leave out ("as they shall Judge necessary for their Information")

L. 17. After ("mentioned") insert ("as shall be necessary for carrying into Execution the Purposes of this Act") and leave out all the remaining Words of the Clause."

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

Ordered, That the said Bill, with the Amendments, be printed.

Ordered, That the said Bill be read the Third Time on Tuesday next.

Whitby Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Fourth Year of the Reign of His present Majesty for repairing and widening the Road from the West End of Batxer Gate in the Town of Whitby, to the South End of Lockton Lane in the Parish of Middleton in the County of York."

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. Montagu:

To acquaint them, That the Lords had agreed to the said Bill, without any Amendment.

Newnham's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming a Mortgage made by John Newnham Esquire, of Part of his settled Estates in Sussex, pursuant to a Decree of the High Court of Chancery, and for enabling him to make a further Mortgage of his settled Estates according to such Decree; and for discharging both Incumbrances with the Produce of his Estates vested in Trustees to be sold."

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 the former Messengers:

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

Colerne Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, and enclosing the several Open and Common Arable Fields, and the Down or Common called Colerne Down, within the Parish of Golerne in the County of Wilts."

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

Ld. Privy Seal.
D. Richmond.
E. Rochford.
E. Morton.
E. Moray.
E. Abercorn.
E. Oxford & Mortimer.
E. Bathurst.
E. Clarendon.
E. Uxbridge.
V. Stormont.
V. Stormont.
L. Bp. Lincoln.
L. Bp. St. David's.
L. Sydney.
L. King.
L. Scarsdale.
L. Loughborough.

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

Timberland Drainage Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for draining and preserving certain Low Lands within the Parish of Timberland in the County of Lincoln."

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

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

Wharton, Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of John Wharton, Esquire on Behalf of himself and his Infant Son, 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 Estates devised by the Will of Anthony Wharton Esquire, deceased, situate and being in the County of York, in Trustees, to be sold for Payment of the Debts and Incumbrances affecting the same, and for laying out the Surplus of the Purchase Money upon the Trusts, and for the Purposes therein expressed."

Douglas against Chalmers.

A Petition of Mrs. Elizabeth Chalmers, otherwise Scott, Respondent in a cause depending in this House, to which Mrs. Helen Douglas otherwise Baillie is Appellant, which stands appointed for Hearing, was presented and read, setting forth, "That in May 1783, the Respondent, then the Wife and now the Widow of Archibald Scott, with Consent of her Husband and with Concurrence of the Procurator Fiscal, brought an Action in the Commissary Court of Scotland, against the Appellant, stating that she had on various Occasions grossly defamed and injured the Respondent by asserting that she was a Woman of Gallantry, an impudent notorious Whore, an infamous and worthless Woman, that her Children were spurious, and by other Expressions of the same Sort, and therefore concluding for Damages and a public Recantation: That the Appellant with an evident View to delay and harass the Respondent entered her Appeal to their Lordships from certain Interlocutors of the Lord Ordinary, and Lords of Session in Scotland, before the Recess at Easter: The Respondent immediately put in her Answer, set down the Cause for Hearing, and gave Notice to the Appellant of her Intention to apply to their Lordships to order the Cause to be heard on an early Bye-day. The Petitioner humbly hopes under the Circumstances of this Case an Appeal from an interim Interlocutor which stops Judgement in the principal Matter at Issue, and from an Interlocutor granting the Appellant's own Request in Part and reserving the Consideration of the other Part, their Lordships will think the Cause entitled to Dispatch;" and therefore praying "Their Lordships will be pleased to appoint this Cause to be heard on Tuesday the 3d Day of May next, or on such other early Bye-day as may seem most proper."

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

And being withdrawn:

Ordered, That this House will hear the said Cause by Counsel at the Bar, on Tuesday the 3d Day of May next, as desired.

Militia Pay Bill.

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

With a Bill, intituled, "An Act for defraying the Charge of the Militia in that Part of Great Britain called England, for One Year beginning the Twenty-fifth Day of March One thousand Seven hundred and eighty-five;" to which they desire the Concurrence of this House.

Adjourn.

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