House of Lords Journal Volume 29: May 1759, 1-10

Journal of the House of Lords Volume 29, 1756-1760. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 29: May 1759, 1-10', in Journal of the House of Lords Volume 29, 1756-1760, (London, 1767-1830) pp. 496-509. British History Online https://www.british-history.ac.uk/lords-jrnl/vol29/pp496-509 [accessed 12 April 2024]

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In this section

May 1759, 1-10

DIE Martis, 1o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Bedford.
Dux Bridgewater.
Comes Shaftesbury.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Oxford.
Comes Northumberland.
Comes Darlington.
Viscount Say & Sele.
Viscount Leinster.
Ds. Delamer.
Ds. Hay.
Ds. Sandys.

PRAYERS.

River Wear, Navigation, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for making and completing the Navigation of the River Wear, from and including South Biddick or Biddick Ford in the County of Durham, to the City of Durham; and for repealing so much of an Act made in the Twentieth Year of His present Majesty's Reign, intituled, "An Act for the better Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County of Durham," as relates to making the said River navigable between the said Two Places called South Biddick or Biddick Ford and New Bridge in the County of Durham," 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."

Sunderland Haven, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing, amending, and rendering more effectual, so much of an Act made in the Twentieth Year of His present Majesty's Reign, intituled, "An Act for the better Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County of Durham," as relates to the Port and Haven of Sunderland and the River Wear between South Biddick and Biddick Ford, and the said Port and Haven," 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."

Reddall's Bill.

The Duke of Bridgewater reported from the Lords Committee to whom the Bill, intituled, "An Act for confirming and establishing an Exchange, agreed to be made between the most Noble John Duke of Bedford, and Ambrose Reddall Gentleman, Judy his Wife, and Elizabeth their only Child," 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.

Sir Edward Blackett's Bill.

The Earl of Northumberland reported from the Lords Committees to whom the Bill, intituled, "An Act for carrying into Execution the Articles made on the Marriage of Sir Edward Blackett Baronet with Dame Ann his Wife, by a Settlement to be made with and under certain Variations and Provisions more beneficial for the Issue of the said Marriage," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the Bill, with the Amendments, be engrossed.

Coleby Commons, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields and Commonable Lands, within the Manor and Parish of Coleby, in the County of Lincoln."

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

D. Bedford.
D. Bridgewater.
E. Shaftesbury.
E. Lauderdale.
E. Findlater.
E. Marchmont.
E. Oxford.
E. Northumberland.
E. Darlington.
V. Say & Sele.
V. Leinster.
L. Bp. Durham.
L. Bp. Lincoln.
L. Delamer.
L. Hay.
L. Sandys.

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

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, secundum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 2o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Duresm.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Exon.
Epus. Roffen.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Cicestrien.
Ds. Custos Magni Sigilli.
Dux Argyll.
Dux Newcastle.
Comes Lincoln.
Comes Northampton.
Comes Shaftesbury.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Oxford.
Comes Northumberland.
Comes Cornwallis.
Comes Hardwicke.
Comes Ilchester.
Viscount Folkestone.
Ds. Delamer.
Ds. Hay.
Ds. Foley.
Ds. Ducie.
Ds. Sandys.
Ds. Ponsonby.

PRAYERS.

Wemyss against Mackay.

The Answer of Hugh Mackay of Bighouse, to the Appeal of the Honourable James Wemyss and others, was brought in.

E. of Northampton takes his Seat.

This Day Charles Earl of Northampton sat first in Parliament, after the Death of his Uncle George Earl of Northampton; his Lordship having first, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Messages from H. C. to return the Bill for Graham & al. to enfranchise Customary Lands, have belonging to Widdrington;

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

To return the Bill, intituled, "An Act to empower certain Persons to enfranchise several Customary Lands and Hereditaments, Parcel of the several Manors of Nicol Forest, Solport, and Bewcastle, in the County of Cumberland, late the Estates of the Honourable Catherine Widdrington Widow, deceased, directed to be settled to certain Uses by the Will and Codicil of the said Catherine Widdrington; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Dobyns to take the Name of Yate, Bill.

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

To return the Bill, intituled, "An Act to enable Robert Dobyns Esquire, now called Robert Yate, and his First and other Sons and their Heirs Male, to take and use the Surname of Yate, in Pursuance of the Will of Walter Yate Esquire, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Plymouth Work-house, Bill.

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

With a Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Ann, intituled, "An Act for erecting a Work-house in the Town and Borough of Plimouth, in the County of Devon; and for setting the Poor on Work, and maintaining them there; and for obliging the Mayor and Commonalty of Plimouth to contribute towards the County Rates of Devon; and for applying for the Relief of the Poor in the said Work-house certain Surplus Monies, which have formerly arisen by the Assessments for raising the Land Tax in the said Town;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Burstall Common, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing certain Open, Common, and Arable Fields, Meadows, Pastures, and Waste Grounds, within the Manor of Burstall, in the Parish of Belgrave, in the County of Leicester," 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."

Oadby Common, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open Common Fields of Oadby, in the County of Leicester, and all the Lands and Grounds within the same Fields," 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."

Desford Common, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields of Desford, in the County of Leicester, and the Lands and Grounds therein; and also such Lands in the Lordship of Peckleton, in the said County, as lie open to the said Fields," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made Two Amendments thereto."

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

"Pr. 28. L. 37. After ["Majesty"], insert ["His Heirs and Successors"]."

"L. 39. After ["his"], insert ["or their"]."

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

Reddall's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and establishing an Exchange agreed to be made, between the most Noble John Duke of Bedford and Ambrose Reddall Gentleman, Judy his Wife, and Elizabeth their only Child."

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

It was Resolved in the Affirmative.

Sir Edward Blackett's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for carrying into Execution the Articles made on the Marriage of Sir Edward Blackett Baronet with Dame Ann his Wife, by a Settlement to be made with and under certain Variations and Provisions more beneficial for the Issue of the said Marriage."

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. Elde and Mr. Harris:

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

River Wear, Navigation, Bill;

Hodie 3a vice lecta est Billa, intituled, "An Act for making and completing the Navigation of the River Wear, from and including South Biddick or Biddick Ford in the County of Durham, to the City of Durham; and for repealing so much of an Act made in the Twentieth Year of His present Majesty's Reign, intituled, "An Act for the better Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County of Durham, as relates to making the said River navigable between South Biddick or Biddick Ford and New Bridge in the County of Durham."

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

It was Resolved in the Affirmative.

Sunderland Haven, Bill;

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing, amending, and rendering more effectual, so much of an Act made in the Twentieth Year of His present Majesty's Reign, intituled, "An Act for the better Preservation and Improvement of the River Wear, and Port and Haven of Sunderland, in the County of Durham, as relates to the Port and Haven of Sunderland and the River Wear, between South Biddick and Biddick Ford, and the said Port and Haven."

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 the same Messengers:

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

Barton Common, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open and Common Fields, Common Meadows, Common Pastures, and Common Grounds, in the Manor or Lordship of Barton, otherwise Barton in Fabis, in the several Parishes of Barton and Clifton, in the County of Nottingham."

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

D. Argyll.
D. Newcastle.
E. Lincoln.
E. Northampton.
E. Shaftesbury.
E. Lauderdale.
E. Findlater.
E. Marchmont.
E. Oxford.
E. Northumberland.
E. Cornwallis.
E. Hardwicke.
E. Ilchester.
V. Folkestone.
L. Bp. Durham.
L. Bp. Lincoln.
L. Bp. Litch. & Cov.
L. Delamer.
L. Hay.
L. Ducie.
L. Sandys.

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

Manchester Mills, Bill.

A Message was brought from the House of Commons, by Sir Roger Newdigate and others:

With a Bill, intituled, "An Act for discharging the Inhabitants of the Town of Manchester, in the County Palatine of Lancaster, from the Custom of grinding their Corn and Grain, except Malt, at certain Water Corn Mills in the said Town, called The School Mills, and for making a proper Recompense to the Feoffees of such Mills;" to which they desire the Concurrence of this House.

Message from H. C. to return the D. of Kingston's Bill.

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

To return the Bill, intituled, "An Act for vesting divers Manors, Lands, and Hereditaments, in the Counties of Bucks, Northampton, Salop, and Stafford, devised by the Will of Evelyn late Duke of Kingston, in the present Duke of Kingston, in Fee Simple; and for settling other Manors, Lands, and Hereditaments, in the County of Nottingham, of greater Value, in Lieu thereof, to the like Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Wemyss against Mackay.

Upon reading the Petition of the Honourable James Wemyss Esquire and others, Appellants in a Cause depending in this House, wherein Hugh Mackay Esquire is Respondent; setting forth, "That both Parties have, for some Time, been possessed of the Decree and necessary Exhibits in this Cause, which consists only of one Point relative to the Appellants Titles to be enrolled as Freeholders of the County of Sutherland;" and praying, "In regard the Petitioners will suffer great Prejudice by any Delay, in respect they now stand excluded from the most valuable Privileges of their Freeholds; that their Lordships will be pleased to appoint this Cause to be heard on Thursday the 17th Instant, or on any other Bye-day their Lordships in their great Wisdom shall think proper:"

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."

Militia Pay and Cloathing, Bill.

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

With a Bill, intituled, "An Act for applying the Money granted in this Session of Parliament, towards defraying the Charge of Pay and Cloathing for the Militia, from the Thirty-first Day of December One Thousand Seven Hundred and Fifty-eight, to the Twenty-fifth Day of March, One Thousand Seven Hundred and Sixty;" to which they desire the Concurrence of this House.

To enforce the Militia Laws, Bill.

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

With a Bill, intituled, "An Act for enforcing the Execution of the Laws relating to the Militia; and for removing certain Difficulties, and preventing Inconveniencies, attending, or which may attend, the same;" to which they desire the Concurrence of this House.

McAlester against McDonald:

After hearing Counsel, upon the Petition and Appeal of Angus McAlester 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 last; and praying, "That the same might be reversed; and 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 Jean Mac Donald put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutor affirmed, with Costs.

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: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of One Hundred Pounds, for her Costs in respect of the said Appeal.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 3o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Arch. Ebor.
Epus. Eliens.
Epus. Sarum.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Ancaster, Magnus Camerarius.
Dux Newcastle.
Dux Dorset.
Comes Shaftesbury.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Aylesford.
Comes Effingham.
Comes Bath.
Comes Guilford.
Comes Cornwallis.
Comes Ilchester.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Clifton.
Ds. Ward.
Ds. Delamer.
Ds. Bathurst.
Ds. Ravensworth.
Ds. Feversham.
Ds. Walpole.

PRAYERS.

Wine License Act to explain, Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act passed in the Thirtieth Year of His present Majesty's Reign, for granting to His Majesty several Rates and Duties upon Indentures, Leases, Bonds, and other Deeds, and upon News Papers, Advertisements, and Almanacks, and upon Licenses for retailing Wine, and other Purposes in the said Act mentioned, so far as the same relates to some Provisions with regard to Licenses for Retailing Wines, and to preserve the Privileges of the Two Universities in that Part of Great Britain called England with respect to Licenses for retailing Wines;" to which they desire the Concurrence of this House.

Summoning Persons offending against Excise Laws, Bill.

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

With a Bill, intituled, "An Act for obviating a Doubt, with respect to the summoning of Persons for Offences committed against, or Forfeitures incurred by, the Laws of Excise;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Message from H. C. to return Caryll's Bill.

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

To return the Bill, intituled, "An Act for Sale of the Inheritance of Part of the settled Estate of John Caryll Esquire, in the County of Sussex, to discharge Encumbrances affecting the same;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Militia Pay and Cloathing, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for applying the Money granted in this Session of Parliament, towards defraying the Charge of Pay and Cloathing for the Militia, from the Thirty-first Day of December One Thousand Seven Hundred and Fiftyeight, to the Twenty-fifth Day of March One Thousand Seven Hundred and Sixty."

To enforce the Militia Laws, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for enforcing the Execution of the Laws relating to the Militia; and for removing certain Difficulties, and preventing Inconveniencies, attending, or which may attend, the same."

Oadby Common, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields of Oadby, in the County of Leicester, and all the Lands and Grounds within the same Fields."

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

It was Resolved in the Affirmative.

Burstall Common, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open Common Fields, Meadows, Pastures, and Waste Grounds, within the Manor of Burstall, in the Parish of Belgrave, in the County of Leicester."

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. Burroughs and Mr. Edwards:

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

Nether Bridge Road, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing, amending, and widening, the Roads from the South West End of Nether Bridge in the County of Westmorland by Sizerghfelside, to Leven's Bridge, and from thence, through the Town of Millthrop, to Dixes, and from the Town of Millthrop aforesaid to Hangbridge, and from thence to join the Heron Syke Turnpike Road at the Guide Post near Clawthrop Hall in the County aforesaid."

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

D. Ancaster.
D. Newcastle.
D. Dorset.
E. Shaftesbury.
E. Lauderdale.
E. Findlater.
E. Marchmont.
E. Aylesford.
E. Effingham.
E. Bath.
E. Guilford.
E. Cornwallis.
E. Ilchester.
L. B. Ely.
L. B. St. Asaph.
L. B. Litch. & Cov.
L. Willoughby Par.
L. Ward.
L. Delamer.
L. Sandys.

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.

Message from H. C. to return the Dutchess of Beaufort's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the Estates entailed by the Will of the most Noble Charles Noel Duke of Beaufort, deceased, in Trustees, to be sold; and for purchasing other Estates, to be settled to the like Uses; and for empowering the Guardian and Trustees named in the said Will to make Leases of the said Duke's Estates, in the Counties of Gloucester, Wilts, Hants, Devon, Dorset, Glamorgan, and Brecon, during the Minority of his Children;" and to acquaint this House, that they have agreed to the same, with some Amendments, to which they desire their Lordships Concurrence.

The House proceeded to take the said Amendments into Consideration.

And the same, being read Three Times by the Clerk, were agreed to.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Causes removed.

Ordered, That the Cause which stands appointed for To-morrow be put off till Monday next; and that the other Causes be removed in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 4o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Exon.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Argyll.
Dux Manchester.
Comes Shaftesbury.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Cowper.
Comes Gower.
Comes Guilford.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Ward.
Ds. Delamer.
Ds. Ducie.
Ds. Sandys.
Ds. Ravensworth.
Ds. Feversham.
Ds. Ponsonby.
Ds. Walpole.
Ds. Lyttelton.

PRAYERS.

Bishop's Waltham Common, Bill.

The Earl of Guilford reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing certain Open Arable Fields and a Down, in the Manor of Bishop's Waltham, in the County of Southampton," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and had heard Counsel for the Petitioners against Part of the said Bill, upon their Petitions, which were referred to the Committee; as also Counsel for the Bill; and that the Committee had gone through the Bill, and made several Amendments thereto."

Which Amendments were read, by the Clerk, as follow:

"Pr. 1. L. 3 and 4. Leave out ["and a Down"]; and at the End of the Fourth Line, after ["Field"], insert ["and"].

"L. 5. Leave out ["and Stephen's Castle Down"].

"L. 6. Leave out ["Four"], and instead thereof insert ["Two"].

"L. 7. Leave out ["Seventy"], and instead thereof insert ["Five"].

"L. 19. After ["Fields,"] leave out ["and Down"].

"L. 23. Leave out ["and Down"].

"L. 27. Leave out ["and Down"].

"Pr. 2. L. 12. After ["Fields"], leave out ["and Down"].

"L. 18. Leave out ["and Down"].

"Pr. 3. L. 3. Leave out ["and Down"].

"L. 7. Leave out ["and Down"].

"Pr. 4. L. 29. Leave out ["and Down"].

"L. 36 and 37. Leave out ["and Down"].

"Pr. 6. L. 3. Leave out ["and Down"].

"L. 9. Leave out ["and Down"].

"L. 12. Leave out ["and Down"].

"Pr. 7. L. 24. Leave out ["and Down"].

"Pr. 10. L. 28. Leave out ["and Down"].

"Pr. 12. L. 9. Leave out ["and Down"].

"In the Title of the Bill, leave out ["and a Down."].

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

Coleby Enclosure, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing several Open Fields and Commonable Lands, within the Manor and Parish of Coleby, in the County of Lincoln," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; 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."

Derby to Newcastle under Lyne, Road, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from the Town of Derby to the Town of Newcastle under Lyne, in the County of Stafford," 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."

Desford Common, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields of Desford, in the County of Leicester, and the Lands and Grounds therein; and also such Lands in the Lordship of Peckleton, in the said County, as lie open to the said Fields."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Montague and Mr. Lane:

To carry down the said Bill, and acquaint them, that the Lords have agreed to the same, with Two Amendments, to which their Lordships desire their Concurrence.

Manchester Mills, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for discharging the Inhabitants of the Town of Manchester, in the County Palatine of Lancaster, from the Custom of grinding their Corn and Grain, except Malt, at certain Water Corn Mills, in the said Town, called The School Mills; and for making a proper Recompense to the Feoffees of such Mills.

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

D. Argyll.
D. Manchester.
E. Shaftesbury.
E. Lauderdale.
E. Findlater.
E. Marchmont.
E. Cowper.
E. Gower.
E. Guilford.
E. Hardwicke.
L. B. Exeter.
L. B. Litch. & Cov.
L. B. Bristol.
L. Willoughby Par.
L. Delamer.
L. Ducie.
L. Sandys.

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.

Militia Pay and Cloathing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for applying the Money granted in this Session of Parliament towards defraying the Charge of Pay and Cloathing for the Militia, from the Thirty-first Day of December One Thousand Seven Hundred and Fifty-eight, to the Twenty-fifth Day of March One Thousand Seven Hundred and Sixty."

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

Ordered, That the House be put into a Committee on the said Bill, on Monday next.

To enforce the Militia Laws, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enforcing the Execution of the Laws relating to the Militia; and for removing certain Difficulties, and preventing Inconveniencies attending, or which may attend, the same."

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

Ordered, That the House be put into a Committee on the said Bill, on Monday next.

Summoning Persons offending against Excise Laws, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for obviating a Doubt with respect to the summoning of Persons for Offences committed against, or Forfeitures incurred by, the Laws of Excise."

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

Ordered, That the House be put into a Committee upon the said Bill, on Tuesday next.

Wine Licenses Act to explain, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend an Act, passed in the Thirtieth Year of His present Majesty's Reign, for granting to His Majesty several Rates and Duties upon Indentures, Leases, Bonds, and other Deeds, and upon News Papers, Advertisements, and Almanacks, and upon Licenses for retailing Wine, and other Purposes in the said Act mentioned, so far as the same relates to some Provisions with regard to Licenses for retailing Wines, and to preserve the Privileges of the Two Universities in that Part of Great Britain called England, with respect to Licenses for retailing Wines."

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

Ordered, That the House be put into a Committee upon the said Bill, on Tuesday next.

Plymouth Workhouse, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Sixth Year of the Reign of her late Majesty Queen Ann, intituled, An Act for erecting a Workhouse in the Town and Borough of Plymouth, in the County of Devon; and for setting the Poor on Work, and maintaining them there; and for obliging the Mayor and Commonalty of Plymouth to contribute towards the County Rates of Devon; and for applying for the Relief of the Poor in the said Workhouse certain Surplus Monies which have formerly arisen by the Assessments for raising the Land Tax in the said Town."

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.

Cricklay Hill, &c. Roads, Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging and altering several Powers granted by an Act passed in the Twenty-fourth Year of the Reign of His present Majesty, intituled, An Act for repairing the Roads from the Top of Crickley Hill in the County of Gloucester to Frog Mill, through the Towns of Northleach, Burford, and Witney, and Parishes of Hanborough and Bladen, to Campsfield in the Parish of Kidlington in the County of Oxford, and also the Road from Witney, through Ensham, Cumner, and Botley, to the City of Oxford," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made Two Amendments thereunto."

Which Amendments were read by the Clerk, as follow:

"Pr. 7. L. 34. Leave out from ["Notwithstanding"] to ["and"], in the 8th Line of the 8th Press, being the following Clause:

"["And be it further Enacted, That, from and after the passing of this Act, any Five or more of the Trustees appointed by virtue of the said former Act, or this Act, shall be, and are hereby, vested with full Powers for executing all and every the Powers, Authorities, Matters, and Things, by the said former Act vested in, and directed to be done or performed by, any Justice of the Peace, with respect to the recovering and levying of Forfeitures by the said former Act imposed or incurred, any Thing in the said former Act contained to the contrary notwithstanding."]

"Pr. 8. L. 33. After ["Down"], insert ["Provided nevertheless, That no Gate or Turnpike shall be erected or set up on the said Road, instead of the said Botley Gate, within One Mile on either Side of Ensham Ferry, any Thing in this or the said former Act contained to the contrary notwithstanding."]

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

Messages from H. C. to return Bagot and Chester's Bill:

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

To return the Bill, intituled, "An Act to repeal an Act made the last Session of Parliament, intituled, An Act to enable Charles Chester and his Sons to take the Surname of Chester; and for carrying an Agreement therein mentioned into Execution; and for explaining and altering that Agreement, and giving better Directions for carrying the same, so explained and altered, into Execution;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Wegg's Bill.

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

To return the Bill, intituled, "An Act to exchange Lands, between Samuel Wegg Esquire and the Dean and Chapter of the Cathedral Church of Saint Paul in the City of London;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

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

DIE Lunæ, 7o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Cicestrien.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Bedford.
Dux Bridgewater.
Comes Shaftesbury.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Cowper.
Comes Cornwallis.
Comes Hardwicke.
Viscount Leinster.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Sandys.
Ds. Ravensworth.
Ds. Mansfield.

PRAYERS.

Boyle against Evans.

Ordered, That the Cause wherein Bellingham Boyle Esquire is Appellant, and Eyre Evans Esquire and others are Respondents, which is appointed to be heard this Day, be put off till To-morrow.

Manchester Mills, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging the Inhabitants of the Town of Manchester, in the County Palatine of Lancaster, from the Custom of grinding their Corn and Grain, except Malt, at certain Water Corn Mills in the said Town, called The School Mills; and for making a proper Recompense to the Feoffees of such Mills," 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."

Nether Bridge Road, Bill.

The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing, amending, and widening, the Roads from the South West End of Nether Bridge in the County of Westmorland, by Sizerghfellside to Leven's Bridge, and from thence, through the Town of Millthrop to Dixes, and from the Town of Millthrop aforesaid to Hangbridge, and from thence to join the Heron Syke Turnpike Road at the Guide Post near Clawthrop Hall in the County aforesaid," 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."

Coleby Common, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields and Commonable Lands, within the Manor and Parish of Coleby, in the County of Lincoln."

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

It was Resolved in the Affirmative.

Derby and other Roads, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Town of Derby to the Town of Newcastle under Lyne in the County of Stafford."

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.

Crickley Hill, &c. Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging and altering several Powers granted by an Act passed in the Twenty-fourth Year of the Reign of His present Majesty, intituled, An Act for repairing the Road from the Top of Crickley Hill in the County of Gloucester to Frog Mill, through the Towns of Northleach, Burford, and Witney, and Parishes of Hanborough and Bladen, to Campsfield in the Parish of Kidlington in the County of Oxford, and also the Road from Witney, through Ensham, Cumner, and Botley, to the City of Oxford."

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

It was Resolved in the Affirmative.

Bishop's Waltham, Common, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open Arable Fields and a Down, in the Manor of Bishop's Waltham, in the County of Southampton."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to the Two preceding Bills.

A Message was sent to the House of Commons, by the former Messengers:

To carry down the said Bills; and acquaint them, that the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Message from thence, to return Desford Common Bill.

A Message was brought from the House of Commons, by Sir Thomas Palmer and others:

To return the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields of Desford, in the County of Leicester, and the Lands and Grounds therein, and also such Lands in the Lordship of Peckleton, in the said County, as lie open to the said Fields;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Militia Pay and Cloathing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for applying the Money granted in this Session of Parliament, towards defraying the Charge of Pay and Cloathing for the Militia, from the Thirty-first Day of December One Thousand Seven Hundred and Fifty-eight, to the Twenty-fifth Day of March One Thousand Seven Hundred and Sixty."

After some Time, the House was resumed.

And the Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and di rected him to report the same to the House, without any Amendment."

To enforce the Militia Laws, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for enforcing the Execution of the Laws relating to the Militia; and for removing certain Difficulties, and preventing Inconveniencies, attending, or which may attend, the same.

After some Time, the House was resumed.

And the Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ld. Onslow, Leave to petition for a Bill:

Upon reading the Petition of Richard Lord Onslow, only Son and Heir of the Right Honourable Thomas late Lord Onslow, deceased, by the Right Honourable Elizabeth Lady Onslow, formerly Elizabeth Knight; setting forth, "That the Petitioner, and the other Persons claiming under the Will of Thomas late Lord Onslow, deceased, have entered into an Agreement, and joined in an Application to their Lordships, by Petition under their Hands, for Leave to bring in a Bill, for carrying the said Agreement into Execution, the obtaining and passing whereof will be of great Consequence to the Petitioner, and be a Means of preventing Suits and Controversies, and of preserving Peace and Amity in the Family;" and therefore praying, "That their Lordships will give Leave that the said Petition may be received, notwithstanding the Time limited by their Lordships Order for receiving Petitions for Private Bills is expired:"

It is Ordered, That the said Petition be received, as desired.

Petition referred to Judges.

Upon reading the Petition of Richard Lord Onslow only Son and Heir of the Right Honourable Thomas late Lord Onslow, deceased, by the Right Honourable Elizabeth Lady Onslow formerly Eliz'th Knight, and of Arthur Onslow Esquire, and George Onslow his Son, for himself and on the Behalf of Thomas Onslow and Edward Onslow his Two Sons, both Infants, Lieutenant General Richard Onslow, for himself and on the Behalf of Richard Onslow and Arthur Onslow his Younger Sons, both Infants, and George Onslow Eldest Son of the said Lieutenant General Onslow, Denzill Onslow Esquire, and Middleton Onslow his Eldest Son, and John Williams Esquire, for himself and on the Behalf of his Two Sons John Williams and James Williams, both Infants; praying Leave to bring in a Bill, for making such Settlement and Disposition of the Estate whereof Thomas late Lord Onslow was reported the best Purchaser, as therein expressed; and for cutting down Timber on the settled Estate, for the Purposes therein 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. Baron Adams; 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.

Adjourn.

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

DIE Martis, 8o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Duresm.
Epus. Eliens.
Epus. Litch. & Cov.
Epus. Asaphen.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Argyll.
Comes Shaftesbury.
Comes Morton.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Hyndford.
Comes Aylesford.
Comes Cornwallis.
Comes Hardwicke.
Viscount Say & Sele.
Ds. Clifton.
Ds. Hay.
Ds. Bathurst.
Ds. Ducie.
Ds. Sandys.
Ds. Fortescue.
Ds. Feversham.
Ds. Ponsonby.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

Militia Pay and Cloathing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for applying the Money granted in this Session of Parliament, towards defraying the Charge of Pay and Cloathing for the Militia, from the Thirty-first Day of December One Thousand Seven Hundred and Fifty-eight, to the Twenty-fifth Day of March One Thousand Seven Hundred and Sixty."

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

It was Resolved in the Affirmative.

To enforce the Militia Laws, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enforcing the Execution of the Laws relating to the Militia; and for removing certain Difficulties, and preventing Inconveniencies attending, or which may attend, the same."

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. Edwards and Mr. Montague:

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

Barton Common, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing several Open and Common Fields, Common Meadows, Common Pastures, and Common Grounds, in the Manor or Lordship of Barton, otherwife Barton in Fabis, in the several Parishes of Barton and Clifton, in the County of Nottingham," 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."

Plymouth Workhouse, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Ann, intituled, "An Act for erecting a Workhouse in the Town and Borough of Plymouth, in the County of Devon, and for setting the Poor on Work, and maintaining them there; and for obliging the Mayor and Commonalty of Plymouth to contribute towards the County Rates of Devon; and for applying for the Relief of the Poor in the said Workhouse certain Surplus Monies which have formerly arisen by the Assessments for raising the Land Tax," 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."

Manchester Mills, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for discharging the Inhabitants of the Town of Manchester, in the County Palatine of Lancaster, from the Custom of grinding their Corn and Grain, except Malt, at certain Water Corn Mills in the said Town, called The School Mills, and for making a proper Recompense to the Feoffees of such Mills."

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

It was Resolved in the Affirmative.

Nether Bridge Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing, amending, and widening, the Roads from the South-West End of Nether Bridge in the County of Westmorland, by Sizerghfellside, to Leven's Bridge, and from thence, through the Town of Millthrop, to Dixes, and from the Town of Millthrop aforesaid to Hangbridge, and from thence to join the Heron Syke Turnpike Road at the Guide Post near Clawthrop Hall, in the County aforesaid."

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 the former Messengers:

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

Boyle against Evans.

After hearing Counsel in Part, in the Cause wherein Bellingham Boyle Esquire is Appellant, and Eyre Evans Esquire and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Cause which stands for To-morrow be put off till Thursday next.

Wine License Act to explain, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to explain and amend an Act passed in the Thirteenth Year of His present Majesty's Reign, for granting to His Majesty several Rates and Duties upon Indentures, Leases, Bonds, and other Deeds, and upon News Papers, Advertisements, and Almanacks, and upon Licenses for retailing Wine, and other Purposes in the said Act mentioned, so far as the same relates to some Provisions with regard to Licenses for retailing Wines, and to preserve the Privileges of the Two Universities in that Part of Great Britain called England, with respect to Licenses for retailing Wines."

After some Time, the House was resumed.

And the Earl of Marchmont reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Barnsley Common, &c. Road, Bill.

A Message was brought from the House of Commons, by Sir George Saville and others:

With a Bill, intituled, "An Act for repairing and widening the Roads leading from the East Side of Barnsley Common in the County of York to the Middle of Grange Moor, and from thence to White Cross, and also the Road from the Guide Post in Barugh to a Rivulet called Barugh Brook, and from thence, for Two Hundred Yards over and beyond the said Rivulet or Brook into the Township of Cawthorne in the said County;" to which they desire the Concurrence of this House.

To prevent gaining a Settlement by Payment of the Land Tax, Bill.

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

With a Bill, intituled, "An Act to prevent Tenants or Occupiers from acquiring a Settlement in any Place by being there rated, and paying the Money by any Land Tax Assessment charged;" to which they desire the Concurrence of this House.

Bolton Common, Bill.

A Message was brought from the House of Commons, by Sir George Saville and others:

With a Bill, intituled, "An Act for dividing and enclosing certain Open and Common Fields, Meadows, Common Pastures, and Waste Grounds, in the Parish or Township of Bolton upon Dearne, in the County of York;" to which they desire the Concurrence of this House.

Summoning Persons offending against the Laws of Excise, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for obviating a Doubt with respect to the summoning of Persons for Offences committed (fn. 1) against, or Forfeitures incurred by, the Laws of Excise."

After some Time, the House was resumed.

And the Earl of Marchmont reported from the Committee, "That they had gone through the Bill, and di rected him to report the same to the House, without any Amendment."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, nonum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 9o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Asaphen.
Epus. Cicestrien.
Epus. Bangor.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Newcastle.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Bath.
Comes Cornwallis.
Comes Hardwicke.
Ds. Delamer.
Ds. Hay.
Ds. Sandys.
Ds. Ponsonby.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

Milford Harbour, Bill.

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

With a Bill, intituled, "An Act for applying a Sum of Money granted in this Session of Parliament, towards carrying on the Works, for fortifying and securing the Harbour of Milford, in the County of Pembroke; and to amend and render more effectual an Act of last Session of Parliament, for applying a Sum of Money towards fortifying the said Harbour;" to which they desire the Concurrence of this House.

Message from H. C. to return Suhrings Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing John Christian Suhring and John Henry Suhring;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Measurement of Coals, Bill.

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

With a Bill, intituled, "An Act for continuing, amending, explaining, and making more effectual, an Act made in the Nineteenth Year of His present Majesty's Reign, intituled, An Act more effectually to prevent the Frauds and Abuses committed in the Admeasurement of Coals within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster adjoining thereto, and the several Parishes of Saint Giles in the Fields, St. Mary le Bon, and such Part of the Parish of Saint Andrew Holborn as lies in the County of Middlesex;" to which they desire the Concurrence of this House.

Continuing Laws, Bill.

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

With a Bill, intituled, "An Act to continue several Laws therein mentioned, relating to the allowing a Drawback of the Duties upon the Exportation of Copper Bars imported; to the Encouragement of the Silk Manufactures; and for taking off several Duties on Merchandize exported, and reducing other Duties; to the Premium upon Masts, Yards, and Bowsprits, Tar, Pitch, and Turpentine; to the encouraging the Growth of Coffee in His Majesty's Plantations in America; to the securing the Duties upon Foreign-made Sail-cloth, and charging Foreignmade Sails with a Duty; and for enlarging the Time for Payment of the Duties omitted to be paid on the Indentures and Contracts of Clerks, Apprentices, or Servants; and also for making Affidavits of the Execution of Articles or Contracts of Clerks to Attornies or Solicitors, and filing thereof;" to which they desire the Concurrence of this House.

Message from H. C. to return Walley's Bill.

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

To return the Bill, intituled, "An Act to enable William Walley and others to sell and convey Three undivided Fourth Parts of a Messuage or Farm, and several Pieces or Parcels of Land and Hereditaments lying in or near the Parish of Hayes, in the County of Kent, unto the Right Honourable William Pitt, in Fee Simple; and for investing the Purchase-money in other Lands and Hereditaments, to be settled to the same Uses and Estates as the said Three undivided Fourth Parts are now subject to; and to enable the Trustees named in the Will of William Cleaver the Elder, deceased, to convey certain Pieces or Parcels of Land in the Parish of Hayes aforesaid, Part of the Estate devised by the Will and Codicil of the said William Cleaver unto the said William Pitt, in Fee Simple, in Exchange for Part of the said firstmentioned Lands;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Governors of Dr. Stephens's Hospital & al. against Swan & al.

Upon reading the Petition and Appeal of the Governors and Guardians of the Hospital founded by Doctor Richard Stephens within the City of Dublin, the Reverend William Grubier Clerk, the Minister, and James Cusack and Thomas Potterton Church Wardens of the Parish of Athboy in the County of Meath in the Kingdom of Ireland, John Sellen Allen Gentleman, and John Putland Esquire; complaining of a Decretal Order of the Court of Chancery in Ireland, pronounced the 14th Day of February 1759, but not signed by the Register of the said Court till the 17th Day of April last; and praying, "That the same may be reversed and set aside; and that the Appellants may have such further and other Relief in the Premises as the Nature and Circumstances of the Case may require; and that Daniel Swan, Henry Cusack, Warden Flood, Francis Hopkins the Younger, Francis Hopkins the Elder, and Philip Reid, may be required to answer the said Appeal:'

It is Ordered, That the said Daniel Swan, Henry Cusack, Warden Flood, Francis Hopkins the Younger, and Francis Hopkins the Elder, and Philip Reid, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 13th Day of June next; and Service of this Order on their Clerks in Court, or Attorney in the said Court of Chancery in Ireland, shall be deemed good Service.

Bolton Common, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open and Common Fields, Meadows, Common Pastures, and Waste Grounds, in the Parish or Township of Bolton upon Dearne, in the County of York."

Barnsley Common, &c. Road, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads leading from the East Side of Barnsley Common in the County of York to the Middle of Grange Moor, and from thence to White Cross, and also the Road from the Guide Post in Barugh to a Rivulet called Barugh Brook, and from thence, for Two Hundred Yards over and beyond the same Rivulet or Brook, into the Township of Cawthorne in the said County."

To prevent gaining a Settlement by Payment of the Land Tax, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to prevent Tenants or Occupiers from acquiring a Settlement in any Place, by being there rated, and paying the Money by any Land Tax Assessment charged."

Plymouth Workhouse, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Ann, intituled, An Act for erecting a Workhouse in the Town and Borough of Plymouth in the County of Devon, and for setting the Poor on Work, and maintaining them there, and for obliging the Mayor and Commonalty of Plymouth to contribute towards the County Rates of Devon; and for applying for the Relief of the Poor in the said Workhouse certain Surplus Monies which have formerly arisen by the Assessments for raising the Land Tax in the said Town."

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

It was Resolved in the Affirmative.

Barton Common, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open and Common Fields, Common Meadows, Common Pastures, and Common Grounds, in the Manor or Lordship of Barton, otherwise Barton in Fabis, in the several Parishes of Barton and Clifton in the County of Nottingham."

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

It was Resolved in the Affirmative.

Wine License Act to explain, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Thirteenth Year of His present Majesty's Reign, for granting to His Majesty several Rates and Duties upon Indentures, Leases, Bonds, and other Deeds, and upon News Papers, Advertisements, and Almanacks, and upon Licenses for retailing Wine, and other Purposes in the said Act mentioned, so far as the same relates to some Provisions with regard to Licenses for retailing Wines; and to preserve the Privileges of the Two Universities in that Part of Great Britain called England, with respect to Licenses for retailing Wines."

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

It was Resolved in the Affirmative.

Summoning Persons for Offences against the Laws of Excise, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for obviating a Doubt, with respect to the summoning of Persons for Offences committed against, or Forfeitures incurred by, the Laws of Excise."

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

It was Resolved in the Affirmative.

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

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

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

Boyle against Evans & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Bellingham Boyle Esquire; complaining of Two Decrees of the Court of Chancery in Ireland, of the 9th of June 1753, and 23d of May 1757; and praying, "That the same might be reversed; and that this House would grant the Appellant such further Relief in the Premises as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of Eyre Evans Esquire and Mary Foster, and the Answer of Charles Lord Archbishop of Dublin, 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 Decrees therein complained of be, and the same are hereby, affirmed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 10o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Asaphen. Ds. Custos Magni Sigilli.
Dux Argyll.
Dux Manchester.
Comes Litchfield.
Comes Lauderdale.
Comes Findlater.
Comes Cornwallis.
Comes Hardwicke.
Ds. Ward.
Ds. Sandys.
Ds. Walpole.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

Milford Haven, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for applying a Sum of Money, granted in this Session of Parliament, towards carrying on the Works for fortifying and securing the Harbour of Milford, in the County of Pembroke; and to amend and render more effectual an Act of last Session of Parliament, for applying a Sum of Money towards fortifying the said Harbour."

Continuing Laws, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to continue several Laws therein mentioned, relating to the allowing a Drawback of the Duties upon the Exportation of Copper Bars imported; to the Encouragement of the Silk Manufactures, and for taking off several Duties on Merchandize exported, and reducing other Duties; to the Premium upon Masts, Yards, Bowsprits, Tar, Pitch, and Turpentine; to the encouraging the Growth of Coffee in His Majesty's Plantations in America; to the securing the Duties upon Foreign-made Sail Cloth, and charging Foreign-made Sails with a Duty; and for enlarging the Time for Payment of the Duties omitted to be paid on the Indentures and Contracts of Clerks, Apprentices, or Servants, and also for making Affidavits of the Execution of Articles or Contracts of Clerks to Attornies or Solicitors, and filing thereof."

Pippard against Corporation of Drogheda:

This Day being appointed, for hearing Counsel, upon the Petition and Appeal of Henry Pippard, late of the Town of Drogheda in the Kingdom of Ireland, but now of Crosbie Hall in the County of Lancaster, Esquire; complaining of a Decree of the Court of Chancery in the said Kingdom, of the 3d Day of February 1758; and praying, "That the same might be reversed and set aside; and that this House would be pleased to make such further or other Order for the Appellant's Relief in the Premises as the Nature, Justice, and Circumstances of the Case should require;" to which Appeal the Mayor, Sheriffs, Burgesses, and Commons, of the Town and County of the Town of Drogheda, Isaac Holroyde Esquire, Benjamin Woodward, and William Godley, are Respondents:

Counsel were accordingly called in; and were directed, in the First Place, to speak to this Point; videlicet,

"Whether an Information, in the Nature of a Quo Warranto, will lie in the Court of Exchequer?"

And Counsel on both Sides having been heard thereupon:

The Judgement given by the Court of Exchequer in Ireland, in the Year 1687, upon an Information in the Nature of a Quo Warranto, brought against the Corporation of Drogheda, was read.

And then the Counsel were directed to withdraw.

And being withdrawn:

It is Declared, That the said Judgement, given by the Court of Exchequer in Ireland, is a void Judgement.

And the Counsel on both Sides being called in again, and acquainted by the Lord Keeper with the said Determination; they were then heard, as to the Account directed to be taken by the said Decree.

And being withdrawn;

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.

Hamersley to enter into a Recognizance, on the Appeal of the Governors of Dr. Stephens' Hospital.

The House being moved, "That Mr. Hugh Hamersley may be permitted to enter into a Recognizance for the Governors and Guardians of Doctor Stephens's Hospital and others, on account of their Appeal depending in this House; they residing in Ireland:"

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

Causes removed.

Ordered, That the Cause wherein Edward McCulloch is Appellant, and Janet McCulloch Respondent, which stands appointed for To-morrow, be put off to Tuesday next; and that the other Causes be removed in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, undecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

  • 1. Deest in Originali.