House of Lords Journal Volume 28: January 1756

January 1756

DIE Lunæ, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir Alexander Ross against Lockhart.

The Answer of Lieutenant Colonel James Ross, formerly Lockhart, to the Appeal of Sir Alexander Gilmour Baronet (who assumes the Name of Ross) and his Curators and Guardians, was brought in.

Bp. of Lincoln to preach on the Fast Day.

Ordered, That the Lord Bishop of Lincoln be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Friday the 6th Day of February next, being the Day appointed by His Majesty's Royal Proclamation to be observed as a General Fast.

Esternod, Leave for a Nat. Bill:

Upon reading the Petition of Jost David Esternod; praying Leave to bring in a Bill for his Naturalization:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act for naturalizing Jost David Esternod."

And the same was read the First Time.

Walker et al. Petition referred to Judges.

Upon reading the Petition of Thomas Walker Clerk, only Son and Heir of Thomas Walker late of Didcott in the County of Berks Clerk, deceased, in Behalf of himself, and Mary Walker and Jane Walker his Infant Children, and of Thomas Walker Grandson of the said Thomas Walker, deceased, and Benjamin Walker, Frances Walker, and Susanna Walker, Younger Children of the said Thomas Walker the Son; praying Leave to bring in a Bill, for vesting the Estates devised by the Will of the said Thomas Walker, deceased, in Trustees, for raising the Sum of Eight Hundred Pounds apiece for his Five Grandchildren, in Lieu of, and as an Equivalent for, the Rents and Profits of the said Estates, devised in Trust for them for their Lives by the said Will:

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 Bathurst; 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.

Hanmer et al. Petition referred to Judges.

Upon reading the Petition of Elizabeth Hanmer, Widow and Relict of William Hanmer late of Iscoyd in the County of Flint Esquire, deceased, and of Esther Hanmer Spinster, an Infant of the Age of Seventeen Years, (fn. 1) but under the Age of Twenty-one Years, only Daughter and Heir of the said William Hanmer by the said Elizabeth Hanmer; and also of Asheton Curzon Esquire, Second Son of Sir Nathaniel Curzon Baronet by Dame Mary Curzon his Wife; praying Leave to bring in a Bill, to enable the said Hester Hanmer to join in the Settlement of her Estate, pursuant to Articles therein mentioned, notwithstanding her Minority:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Birch and Mr. Justice Wilmot; 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.

Lady Bulkeley & al. Petition referred to Judges.

Upon reading the Petition of Emma Lady Viscountess Dowager Bulkeley of the Kingdom of Ireland, Widow and Relict of James late Lord Viscount Bulkeley deceased, for and on the Behalf of Thomas James now Lord Viscount Bulkeley her only Son, an Infant; and also the Petition of several other Persons whose Names are thereunto subscribed, being Purchasers of the Estates of the said James late Lord Viscount Bulkeley, in the Counties of Lancaster and Chester; praying Leave to bring in a Bill, for carrying into Execution certain Contracts therein mentioned, for Sale of certain Estates in the County of Chester, by such Ways and Means as shall be thought proper:

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 Clive; 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.

Broadhead's Guardians, Petition referred to Judges.

Upon reading the Petition of Henry Bingley and Ann Brinckman, as Guardians or Trustees for and on the Behalf of Theodore Henry Broadhead, an Infant; praying Leave to bring in a Bill, for empowering the said Infant, with the Consent of the Petitioners, to make such Leases of his Estates, during his Minority, as are therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Foster 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.

Page et al. Petition referred to Judges.

Upon reading the Petition of Francis Page of Middle Aston in the County of Oxford Esquire, Richard Bourne Fellow of All Souls College in Oxford, and the Reverend John Eaton Clerk, Rector of Steeple Aston in the said County of Oxford; praying Leave to bring in a Bill, for confirming and establishing an Exchange of Lands between the Petitioners; and for other 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 (fn. 2) the 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.

Blaquier and Lichigaray, Petition to be added to Nat. Bill:

Upon reading the Petition of John Peter Blaquiere Junior and Mathew Lichigaray; praying, "That their Names may be inserted in the Bill now depending before their Lordships, for naturalizing Anthony Henry Stemann and others:"

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a 2d Time.

Bielfield's Petition to be added to the same Bill.

Upon reading the Petition of Henry Bielfeld; praying also, "That his Name may be inserted in the said Bill:"

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a 2d Time.

Sir Alexander Ross against Lockhart.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir Alexander Ross Baronet and others are Appellants, and Lieutenant Colonel James Lockhart 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.

Respondents peremptorily to answer Woodley's Appeal.

The House was informed, "That John Cue, Roger Bernard, Arthur Bernard, Lawrence M'Carthy, John Dixon, Elizabeth Woodley, and William Johnson, Respondents to the Appeal of Francis Woodley Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of John Lindsay of the City of Dublin Gentleman, of the due Service of the said Order, being read:

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

Countess of Kildare against Burton et al. and Lucas against Byine et al. Papers delivered.

The House being informed, "That William Costello attended, in order to deliver in Copies of Papers and Proceedings, relating to Two Causes depending in this House; in one of which, the Countess of Kildare and others are Appellants, and Robert Burton Esquire and others are Respondents; and in the other, Alice Lucas and Elizabeth Lucas are Appellants, and Henry Byrne Esquire and others are Respondents:"

He was called in, and delivered the same at the Bar; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Bor against Bor et al.

After hearing Counsel in Part, upon the Petition and Appeal of Gerard Bor, a Minor, by William Cooper Esquire his Guardian; complaining of a Decree of the Court of Chancery in Ireland, of the 8th of June 1753, to which Appeal Jacob Bor Esquire and others are Respondents:

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

Adjourn.

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

DIE Martis, 20^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Roper's Petition referred to Judges.

Upon reading the Petition of Gerirude Roper, Widow and Relict of the Honourable Charles Roper Esquire, deceased, for and on Behalf of her Two Infant Sons; praying Leave to bring in a Bill, for Sale of the Fee Simple and Inheritance of an Estate therein mentioned, in the County of Kent; and for applying the Money arising by such Sale, in such Manner, and for such Purposes, as by the Court of Chancery shall in that Behalf be directed or appointed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Birch and Mr. Baron Smythe; 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.

Baugh et al. Petition referred to Judges.

Upon reading the Petition of Thomas Folliot Baugh of Stonehouse in the County of Salop Esquire and Ann his Wife (on Behalf of themselves, and of Folliot Baugh, Job Baugh, and Ann Baugh, their Infant Children); and also of Rowland Baugh Clerk, and John Baugh the Younger, Brothers of the Petitioner Thomas Folliot Baugh; praying Leave to bring in a Bill, for Sale of a settled Estate in the County of Hereford; and, out of the Monies arising by such Sale, to discharge a Principal Sum and Interest due on the Estate of Stonehouse; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Justice Bathurst; 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.

Ld. Cathcart to amend his Appeal.

A Petition of Charles Lord Cathcart, Appellant in a Cause depending in this House, wherein John Stewart Schaw of Greenock, an Infant, by Sir Michael Stewart Baronet, his Father and next Friend, is Respondent, et è contra, was presented, and read; praying Leave to amend his Appeal, by including therein an Interlocutor of the Lord Ordinary, of the 13th of February 1755, pronounced Two Days after presenting his said Appeal; and by making the Trustees of the late Lord Cathcart Co-appellants with the Petitioner; and by altering the Date of One of the Interlocutors appealed against, from the 11th to the 10th of August.

Shaw toamend his Cross Appeal, and the new Respondents to answer.

Also a Petition of the said John Stewart Schaw of Greenock, Appellant in the Cross Appeal, to which the said Charles Lord Cathcart is Respondent, was presented, and read; praying Leave to amend his said Appeal, by making the Trustees of the late Lord Cathcart Respondents thereto; and that they may be required to put in their Answer.

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

And being withdrawn:

Ordered, That the Petitioner the Lord Cathcart, Appellant in the Original Appeal, be at Liberty to amend his said Appeal, by including the said Interlocutor of the 13th of February 1755, and by making the Trustees of the late Lord Cathcart Co-appellants, and by rectifying the Date of the Interlocutor therein mentioned, from the 11th to the 10th of August, as desired.

Ordered, That the Petitioner, the said John Stewart Schaw, Appellant in the Cross Appeal, be at Liberty to amend his said Appeal, by making the Trustees of the late Lord Cathcart Respondents thereto; and that the said Respondents do put in their Answer to the said amended Cross Appeal, in a Month.

Heneage et Ux. Petition referred to Judges.

Upon reading the Petition of George Fieschi Heneage of Hainton in the County of Lincoln Esquire and Catherine Heneage his Wife; praying Leave to bring in a Bill, for establishing and confirming the Jointure of the said Catherine, and the Provision for the Younger Sons of the Petitioners, according to the Tenor and true Meaning of their Marriage Settlement:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer; 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.

His Majesty's Advocate against the D. of Gordon:

A Petition of His Majesty's Advocate for Scotland, Appellant in a Cause wherein the Duke of Gordon and others are Respondents, which is appointed to be heard To-morrow, was presented, and read; praying, "That the said Hearing may be put off, in regard the Matter is under an Accommondation between the Parties."

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

And being withdrawn:

Ordered, That the said Hearing be put off till Monday the 15th Day of March next.

Palmers to amend their Appeal.

Upon reading the Petition of Roger Palmer the Elder and Roger Palmer the Younger; praying Leave to amend their Appeal, by striking out the Words ["to the Amount of One Thousand Pounds"], and also the Words ["being the Amount of the Principal and Interest then due on the said Mortgage"]; the same being a Mistake in the Computation:

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, as desired.

Lucas against Byrne et al.

A Petition of Francis Lucas, Charles Lucas, Richard Mulligan, and Henry Byrne, Respondents to the Appeal of Alice Lucas Widow and Elizabeth her Daughter, which is appointed to be heard on Monday the 2d Day of February next, was presented, and read; praying, "In regard the Petitioners cannot be prepared to lay their Case fully before their Lordships by that Day, their Papers being very lately arrived from Ireland, that the said Hearing may be put off to such further Time as to their Lordships shall seem meet."

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off till Monday the 16th Day of February next.

Bethnal Green Road, Bill.

A Message was brought from the House of Commons, by Sir William Beauchamp Proctor and others:

With a Bill, intituled, "An Act for making and widening a Road from the East Side of the Parish of Saint Mathew Bethnal Green in the County of Middlesex, to the East End of Church Street in the said Parish, and to open a Way or Road into Shoreditch, and keeping the same in Repair;" to which they desire the Concurrence of this House.

Persons sworn in order to Naturalization.

Jost David Esternod, Henry Bielfeld, John Peter Blaquiere Junior, and Mathew Lichigaray, took the Oaths appointed, in order to their Naturalization.

Bor against Bor et al.

After hearing Counsel, fully in the Cause wherein Gerard Bor, a Minor, by William Cooper Esquire, his Guardian is Appellant, and Jacob Bor Esquire and others are Respondents:

It is Ordered, That the further Consideration of the said Cause be adjourned till Thursday next.

Adjourn.

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

DIE Jovis, 22^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gillies et al. against Wauch et al.

The Answer of Allan Wauch, late and present Provost of Linlithgow, and others, to the Appeal of Henry Gillies and others, was brought in.

E. Sandwich et al. to qualify for Vice Treasurer, &c. of Ireland, Leave for a Bill.

Upon reading the Petition of John Earl of Sandwich, George Earl of Cholmondeley, and Wellbore Ellis Esquire; praying Leave to bring in a Bill, to enable them to take, in Great Britain, the Oath of Office of Vice Treasurer, Receiver General, and Paymaster General, of all His Majesty's Revenues, Profits, and Casualties, within the Kingdom of Ireland, and to be Treasurer at War within the said Kingdom; and to qualify themselves for the Enjoyment of the said Offices:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bethnal Green Road, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making and widening the Road from the East Side of the Parish of Saint Mathew Bethnal Green in the County of Middlesex, to the East End of Church Street in the said Parish; and to open a Way or Road into Shoreditch, and keeping the same in Repair."

Accompt of Orphans Fund delivered.

The House being informed, "That the Chamberlain of the City of London attended:"

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

"An Accompt of the Surplus of the Fund for the Relief of the Orphans and other Creditors of the City of London, on the 5th Day of July 1755."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

His Majesty's Advocate against Sir Lewis Mackenzie.

A Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein Sir Lewis Mackenzie Baronet is Respondent, which is appointed to be heard on Wednesday next, was presented, and read; praying, "In regard the Subject-matter of the Appeal is under an Accommodation between the Parties, that the said Hearing may be put off."

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off till Wednesday the 17th Day of March next.

Bor against Bor et al; Judgement reversed with Directions.

The House (according to Order) resumed the adjourned Consideration of the Cause, which was heard on Monday and Tuesday last, wherein Gerard Bor, a Minor, by William Cooper Esquire, his Guardian, is Appellant, and Jacob Bor Esquire and others are Respondents.

And, Consideration having been had thereof accordingly, the following Order and Judgement was made; (videlicet,)

"After hearing Counsel, as well on Monday as Tuesday last, upon the amended Petition and Appeal of Gerard Bor, a Minor, by William Cooper Esquire, his Guardian; complaining of a Decree of the Court of Chancery in Ireland, of the 8th of June 1753;" and praying, "That the same might be reversed or varied; and that this House would give the Appellant such further and other Relief in the Premises as to their Lordships in their great Wisdom should seem meet: As also upon the Answer of Jacob Bor Esquire, the Answer of Helena Maria Bor Widow, William Longfield, Bridges Baldwin, Boleyn Whitney, and William Williams, Esquires; and the Answer of Mary Bor, Widow and Administratrix of Gerard Bor, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause, it is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Testator Christian Bor, having, by an express Proviso in his Will, directed what new Provision should be made for his Younger Sons Jacob and William, in case he had not Power to devise the Lands of Pelletstown, and the Houses in Michael's Lane, School-house Lane, and Bor Court, and consequently that Devise should be defeated, no implied Condition arises upon the said Will to oblige the Appellant to make his Election, whether he will abide by the said Devise, or convey to the Respondent Jacob so much of the Lands of Ballinunry and Kilcoole as should be equal in Value to the Moiety of the said Lands and Houses first mentioned; but that the Appellant's Father Gerard Bor, having enjoyed the Lands of Ballynunry and Kilcoole during his Life, did thereby elect to abide by the Devise of the said Lands of Ballynunry and Kilcoole; and therefore ought to have permitted the Respondent Jacob Bor to have the Benefit of One Moiety of the said Gerard's Third of the Two Thousand Pounds mentioned in the said Proviso, and the Interest thereof, according to the true Meaning of the said Proviso, unless the said Respondent Jacob has received, or shall receive, a Compensation for the Moiety of Pelletstown and the Houses before mentioned, according to the Limitations in the said Christian Bor's Will, out of the Assets Personal or Real of John Bor, by virtue of the said John Bor's Covenant, in the Deed of the 27th of March 1740, for confirming his Father's Will, as to the Devise of Pelletstown and the Houses before mentioned: And it is therefore Ordered and Adjudged, That the said Decree complained of in the said Appeal be, and the same is hereby, reversed, and that the Respondent Jacob Bor's Bill be dismissed, without Costs; but without Prejudice to his applying to the said Court of Chancery in Ireland, to re-hear the former Cause, wherein the Decree of the 4th of August 1747, was made, or to review the said Decree, according to the Course of that Court, and also without Prejudice to his bringing any new Bill for Relief in the Premises, consistent with this Judgement as he shall be advised."

Stemann et al. Nat. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Anthony Henry Stemann, Peter Otte, Godfrey Molling, and Christian Meyer."

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

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

Ordered, That the Petition of Henry Bielfeld, and also the Petition of John Peter Blaquiere and Mathew Lichigaray; praying, That their Names may be inserted in the said Bill, be referred to the said Committee.

Esternod's Nat. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Jost David Esternod."

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.

Erskine et al. against Scott.

The House being moved, "That Monday the 23d Day of February next may be appointed, for hearing the Cause wherein Francis Erskine and others are Appellants, and Colonel John Scott is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 23d Day of February next, as desired.

Fleetwood's Petition referred to Judges.

Upon reading the Petition of Gerard Dutton Fleetwood Esquire; praying Leave to bring in a Bill, for Sale of the Manor and Capital Messuage of Tadworth, in the County of Surry, late the Estate of John Fleetwood Esquire, deceased; and for purchasing another Estate, to be settled as the said Manor and Premises are now limited by the Will of the said John Fleetwood:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Clive; 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.

Grocers Company, Petition referred to Judges.

Upon reading the Petition of the Wardens and Commonalty of the Mystery of Grocers of the City of London; praying Leave to bring in a Bill, to empower the Petitioners, Trustees under the Will of Dame Margaret Slany and the Deed of Trust in the Petition mentioned, to lay out the Trust Money remaining in their Hands, and the Interest due, and which shall grow due thereon, in the purchasing of Advowsons, instead of Impropriations, of such Value, and in such Manner, as 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 Legge; 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.

Ball's Petition referred to Judges.

Upon reading the Petition of Robert Ball Esquire and Mary Ball his Wife, on Behalf of themselves and their Two Sons Ingram Ball and George Robert Ball, who are Infants; praying Leave to bring in a Bill, for Sale of the Manor of Stonehouse, and other Lands and Hereditaments, in the County of Gloucester; and for purchasing other Lands, to be settled in Lieu thereof:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Baron Smythe; 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.

Skrine's Petition referred to Judges.

Upon reading the Petition of Richard Dickson Skrine of Cobham in the County of Surry Esquire and Elizabeth his Wife (formerly Elizabeth Tryon) on the Behalf of themselves and Henry Skrine their Son, an Infant; praying Leave to bring in a Bill, for vesting a settled Estate of the Petitioners, in the Parishes of Headley and Asted, and Walton upon the Hill, in the County of Surry, in Trustees, to convey the same pursuant to Articles; and for purchasing another Estate, to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denison and Mr. Justice Clive; 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.

Respondents peremptorily to answer Palmer's Appeal.

The House was informed, "That George Jackson and others, Respondents to the Appeal of Roger Palmer the Elder and Roger Palmer the Younger Esquires, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon Two Affidavits, one of Andrew Cabill, and the other of James Burke, both of the City of Dublin, of the due Service of the said Order, being read:

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

Waunh et al. against Gillies et al.

Upon reading the Petition and Cross Appeal of Allan Waugh Merchant and Provost of the Borough of Linlithgow, George Napier, Robert Clarke, and Stephen Mitchell, Merchants, and William Anderson Surgeon in and Baillies of the said Borough, John Black Tanner in and Dean of Guild of the said Borough, Walter Adam Merchant in and Treasurer of the said Borough, James Carlow and Henry Bell Maltsters in the said Borough, Thomas Dundass Younger of Fingask, Lawrence Dundass of Kerse, Thomas Smeall Merchant in Linlithgow, Edmond Anderson Gardener there, William Inglis Tanner there, all Seven Merchant Counsellors of the said Borough, John Davie Smith and Deacon of the Smiths there, Andrew Mackowan Taylor and Deacon of the Taylors there, William Smith Shoe-maker and Deacon of the Shoe-makers there, William Wardrop Weaver and Deacon of the Weavers there, Alexander Nimmo Cooper and Deacon of the Coopers there, William Mac Donald Wright and Deacon of the Wrights there, and John Frame Flesher and Deacon of the Fleshers there, for themselves, as Magistrates, Office-bearers, Deacons of Crafts, and Members of Council respective aforesaid, and also as Burgesses and Inhabitants of the said Borough; complaining of Parts of certain Interlocutors of the Lords of Session in Scotland, of the 7th and 9th of August, and 9th of December, 1755; and praying, That the same may be reversed or varied; and that the Appellants may have such Relief as to this House in their Lordships great Wisdom shall seem meet; and that Henry Gillies pretended Provost, Thomas Smith, Alexander Kennoway, William Jamieson, and John Cruickshanks, pretended Baillies, Robert Cocks pretended Dean of Guild, James Jamieson pretended Treasurer, John Ferrier, Robert Cleland, James Henderson, James Hamilton, William Dumbreck, Thomas Cornwall, John Bell, and James Gibbieson, pretended Counsellors of the Borough of Linlithgow, may be required to answer the said Appeal:"

It is Ordered, That the several Parties last named may have a Copy of the said Appeal; and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Thursday the 19th Day of February next; and Service of this Order on any of their Counsel or Agents in the Court of Session shall be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 23^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Greenwich Hospital, Report of Commissioners delivered.

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

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

"The Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between the 1st of December 1754, and 30th of November 1755; and of their Proceedings in carrying on the Building."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Stemann et al. Nat. Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for natu ralizing Anthony Henry Stemann, Peter Otte, Godfrey Molling, and Christian Meyer:" was committed, "That they had considered the said Bill, as also the Petitions to them referred; and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

Esternod's Nat. Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Jost David Esternod," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

E. Lincoln's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for the Sale of several Lands in Bedford Level, the Estate of the Right Honourable Henry Earl of Lincoln Knight of the most Noble Order of the Garter and Katherine Countess of Lincoln his Wife; and for purchasing other Lands and Hereditaments, of as great or greater Value; and settling the said Lands, so to be purchased, to the same Uses as the said Lands to be sold are now settled; and for other Purposes therein mentioned," stands committed, be revived; and meet on Tuesday next.

Talbot's Petition referred to Judges.

Upon reading the Petition of John Talbot the Elder of Charleton in the County of Wilts Esquire, John Talbot the Younger of Lacock in the said County Esquire his Eldest Son, and Thomas Talbot Clerk his Youngest Son; praying Leave to bring in a Bill, for raising Money, by Sale or Mortgage of a competent Part of the Petitioner's settled Estate, in the said County of Wilts, for discharging Debts and Encumbrances:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Foster and Mr. Justice Wilmott; 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.

E. Sandwich et al. to qualify here for an Office in Ireland, Bill.

The Lord Cathcart, pursuant to the Leave given Yesterday, presented to the House a Bill, intituled, "An Act to enable John Earl of Sandwich, George Earl of Cholmondeley, and Wellbore Ellis Esquire, to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

The said Bill was read the First Time.

Forbes et al. against Ld. Forbes.

After hearing Counsel in Part, in the Cause wherein Jane Maria Forbes and others are Appellants, and James Lord Forbes is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next.

Adjourn.

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

DIE Lunæ, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of His Majesty's Commission.

Bethnal Green Road, Bill.

The Earl of Macclesfield reported from the Lords Committees to whom the Bill, intituled, "An Act for making and widening a Road, from the East Side of the Parish of Saint Mathew Bethnal Green in the County of Middlesex, to the East End of Church Street in the said Parish; and to open a Way or Road into Shoreditch, and keeping the same in Repair," 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."

Esternod's Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Jost David Esternod."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Stemann & al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Anthony Henry Stemann, Peter Otte, Godfrey Molling, and Christian Meyer."

The Question was put, "Whether this Bill, with the Amendments, 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 the same Messengers:

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

L. Cranstoun's Pet. referred to Judges.

Upon reading the Petition of James Lord Cranstoun of Crailing in that Part of Great Britain called Scotland, and Sophia Lady Cranstoun his Wife, for themselves, and on the Behalf of William Cranstoun, Browne Cranstoun, and James Cranstoun, their Three Sons, who are all Infants; praying Leave to bring in a Bill, for vesting the Petitioners settled Estate, in the Parish of Elsdon in the County of Northumberland, in Trustees, to be sold, for discharging an Encumbrance thereupon; and for applying the Remainder of the Money in the Discharge of Debts affecting the Petitioners Estate in Scotland:

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 Foster; 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 Cause, 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.

D. of Marlborough's Pet referred to Judges.

Upon reading the Petition of the most Noble Charles Duke of Marlborough, for himself and on the Behalf of the Right Honourable George Spencer Esquire, commonly called Marquis of Blandford, and the Lords Charles and Robert Spencer, and the Ladies Diana and Elizabeth Spencer, Children of the said Charles Duke of Marlborough by Elizabeth Dutchess of Marlborough his Wife, all Infants under the Age of Twenty-one Years; praying Leave to bring in a Bill, for charging his Estate with the Payment of the annual Sum of 3000£. to be applied for the Benefit of the Marquis of Blandford for the Time being; and for re-building the House at Langley, in the County of Bucks; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer; 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.

Earle & al. Pet. for a Bill to sell Francke's Estate, referred to Judges.

Upon reading the Petition of William Earle of Malmsbury in the County of Wilts Esquire, and Katherine Earle his Wife, and of Thomas Francke Gentleman, and of Edward Hammers Gentleman; praying Leave to bring in a Bill, for Sale of certain Estates in the County of Lancaster, devised by the Will of Edward Francke Esquire, deceased, for discharging a Debt and Encumbrance thereupon; and applying the Remainder of the Money in the Purchase of another Estate, to be settled to the Uses of the said Will:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Justice Bathurst; 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.

Master & al. of Catherine Hall, Cambridge, Pet. referred to Judges.

Upon reading the Petition of the Master and Fellows of the College or Hall of Saint Katherine the Virgin and Martyr, in the University of Cambridge; praying Leave to bring in a Bill, to enable the Petitioners to purchase a House and Ground held by them under a Lease from Queen's College, and such other Buildings and Ground belonging to the said College or other Colleges in the said University, near or adjoining to Katherine Hall, as may be found necessary for erecting a new Building for the Reception and Maintenance of Six Fellows and Ten Scholars, in Pursuance of the Will and charitable Donation of Mary Ramsden of Norton in the County of York Widow, deceased; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Baron Legge; 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.

Parson & Ux. Pet. referred to Judges.

Upon reading the Petition as well of Thomas Parson of Launceston in the County of Cornwall Gentleman and Honour his Wife, for themselves and on the Behalf of their Infant Children, as also of Nicholas Tregeare Parson their Eldest Son, and of Honour Parson their Eldest Daughter; praying Leave to bring in a Bill, for vesting Part of the Petitioners settled Estate in Trustees, to be sold, for making a Provision for their Daughters and Younger Sons; and for other 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 Smythe; 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.

Coryton's Pet. referred to Judges.

Upon reading the Petition of Ann Coryton, Widow and Relict of Peter Coryton late of Fowey in the County of Cornwal Esquire, deceased, and Mother and natural Guardian of John Coryton, Peter Coryton, Letitia Maria Coryton, Elizabeth Coryton, Jane Margaret Coryton, and Ann Coryton, Infants under the Age of Twentyone Years, as well for herself as also for and on the Behalf of her said Infant Children; praying Leave to bring in a Bill, to enable the Guardian for the Time being of the said John Coryton during his Minority, and in case of his Decease, the Guardian of his said Brother and Sisters respectively, who shall become seised of or entitled to certain Estates therein mentioned, in the Counties of Cornwal and Devon, during their respective Minorities, to grant and fill up Leases thereof, according to the Custom of the said Counties:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Adams and Mr. Justice Wilmot; 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.

Sutton upon the Forest, Common Fields, Leave for a Bill to enclose.

Upon reading the Petition of the Freeholders and other Persons whose Names are thereunto subscribed, having Lands and Right of Common in the Open Field and Commonable Land of Sutton upon the Forest, in the County of York; praying Leave to bring in a Bill, for dividing and enclosing the said Open Fields and Commonable Land, according to each Person's Right to the same; and for assigning certain Compensations to the Impropriator of the Rectory and the Vicar of Sutton aforesaid, in Lieu of Tithes:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Warthill Common Fields, Leave for a Bill to enclose.

Upon reading the Petition of the Owners, Proprietors, and Persons interested, in the Four Great Common Fields, called Woodland Field, Sareland otherwise Sayland Field, Wyre Field, and Brock Field, within the Township of Warthill, in the North Riding of the County of York, whose Names are thereunto subscribed; praying Leave to bring in a Bill, for consirming and establishing an Agreement, for dividing and enclosing the said Common Fields, and ascertaining the Shares which the Owners are respectively to have for the future in the said Field Land; and for other Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Forbes & al. against L. Forbes.

Ordered, That the further Hearing of the Cause wherein Jane Maria Forbes and others are Appellants, and James Lord Forbes is Respondent, which is appointed for this Day, be adjourned till Wednesday next.

The House being moved, "To adjourn till Wednesday:"

Petitions for Private Bills, to be presented the next Sitting.

Notice was taken, "That, by an Order of the 24th of November last, To-morrow was the last Day for presenting Petitions for Private Bills."

Ordered, That all such Petitions for Private Bills as shall be brought may be presented to the House on Wednesday next.

Adjourn.

Dudleius Ryder Miles, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bethnal Green Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and widening a Road from the East Side of the Parish of Saint Mathew Bethnal Green in the County of Middlesex, to the East End of Church Street in the said Parish; and to open a Way, or Road, into Shoreditch, and keeping the same in Repair."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

E. of Macclesfield & al. Pet for a Bill to sell Lane's Estates, referred to Judges.

Upon reading the Petition of George Earl of Macclesfield and of Thomas Parker commonly called Lord Parker his Heir Apparent, being his Eldest Son by Mary late Countess of Macclesfield, deceased, who was One of the Two Daughters and Coheirs of Ralph Lane late of Woodberry Hall in the County of Cambridge Esquire, deceased, by Elizabeth Lane his Wife, also deceased, George Lane Parker Esquire, Youngest Son of the said Earl by the said late Countess, and of William Cartwright Esquire, on the Behalf of himself and of Thomas Cartwright an Infant, his only Son by Byzantia Cartwright his late Wife, deceased, who was the other of the Daughters and Coheirs of the said Ralph Lane by the said Elizabeth Lane, and of Armine Cartwright only Daughter of the said William Cartwright by the said Byzantia; praying Leave to bring in a Bill, for vesting the Real Estates late of the said Ralph Lane, in the Counties of Northampton and Cambridge, in Trustees, for the Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer; 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.

Delaval's Pet. referred to Judges.

Upon reading the Petition of Francis Blake Delaval of Seaton Delaval in the County of Northumberland Esquire, Eldest Son and Heir of Francis Blake Delaval his late Father, deceased, by Rhoda Delaval his Wife, (formerly Rhoda Apreece), which said Francis Blake Delaval, deceased, was Son of Edward Delaval Esquire, deceased, by Mary his Wife Daughter of Sir Francis Blake Knight, deceased, and Nephew of the late Admiral George Delaval, and also of John Delaval, Edward Delaval, Thomas Delaval, Robert Delaval, Sons of the said Francis Blake Delaval, deceased, and of the said Rhoda Delaval, for herself and on the Behalf of Henry Delaval, Ann Hussey, and Sarah Delaval, her Son and Daughters by the said Francis Blake Delaval, deceased, who are Infants, and also of Edward Astley Esquire and Rhoda his Wife Eldest Daughter of the said Francis Blake Delaval, deceased, for themselves and on the Behalf of Edward Astley their Infant Son; praying Leave to bring in a Bill, for Sale or Mortgage of certain Estates in the said County of Northumberland, comprized in a Settlement of the 19th of January 1748, for Payment of Debts; and for other 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. Justice Clive; 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.

Sir H. Williams, Pet. referred to Judges.

Upon reading the Petition of Sir Hutchins Williams Baronet, Eldest Son and Heir of William Peer Williams late of Gray's Inn Esquire, deceased; praying Leave to bring in a Bill, for Sale of the Manor of Northaw, alias Northall, and other Lands in the County of Middlesex, pursuant to Articles; and for other 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. Justice Foster; 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.

Chafin's Pet. referred to Judges.

Upon reading the Petition of George Chafin the Elder of Chettle in the County of Dorset Esquire and Elizabeth Chafin his Wife, George Chafin the Younger their Eldest Son and Heir Apparent, and William Chafin Clerk, the only Younger Son of the said George Chafin the Elder by the said Elizabeth his Wife; praying Leave to bring in a Bill, for Sale or Mortgage of certain Estates comprized in a Settlement therein mentioned, for raising Money, to discharge Debts and Encumbrances; and for rendering a Power in the said Settlement for making Jointures more effectual:

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 Clive; 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.

Gregor & al. Petition referred to Judges.

Upon reading the Petition of Jane Gregor an Infant under the Age of One and Twenty Years, Daughter and only Child and Heir of Hugh Gregor Esquire, deceased, by Prudence his late Wife, also deceased, and also sole Executrix and Residuary Legatee named in the last Will and Testament of the said Hugh Gregor and in a Codicil to the said Will annexed, Sir John Molesworth Baronet, Arthur Arscott Esquire, and Joseph Moyle Esquire, the surviving Trustees named in One Indenture, bearing Date the Twenty-fifth Day of December One Thousand Seven Hundred and Forty-three, therein after mentioned; and also of Mary Jeffreys and Ann Morrice, the Testamentary Guardians of the said Jane Gregor; praying Leave to bring in a Bill, to empower the said surviving Trustees in the said Indenture named, to raise the several Sums therein mentioned, and pay or secure the Payment thereof to such Person as the said Jane Gregor shall marry during her Infancy, with the Consent of the said surviving Trustees and Guardians:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Baron Smythe; 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.

Montgomery's Pet. referred to Judges.

Upon reading the Petition of Lilias Montgomery of Skelmorly, Eldest Daughter of the now deceased Sir Robert Montgomery of Skelmorly Baronet, Spouse to Alexander Montgomery of Coilsfield, and the said Alexander Montgomery for his Interest, and Isabella Montgomery; a Younger Daughter of the said Sir Robert Montgomery; praying Leave to bring in a Bill, for Sale of entailed Lands in the County of Renfrew; and for purchasing other Lands in the County of Air, contiguous to the Lands of Skelmorly, to be settled in Lieu thereof:

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 Legge; 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.

Mundy's Pet. referred to Judges.

Upon reading the Petition of Wrightson Mundy of Osbaston in the County of Leicester Esquire and Ann Mundy his Wife; praying Leave to bring in a Bill, for Sale of the Manor of Osbaston, and other Lands in the County of Leicester; and for settling other Lands, in the County of Derby, in Lieu thereof; and for other 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 Legge; 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.

Wheelwright & al. Leave for a Bill.

Upon reading the Petition of John Wheelwright, John Dyson, and Jonas Thomas, Trustees acting under the Will of John Wheelwright Gentleman, deceased; and of John Ryley Son of George Ryley by Mary his Wife, only Daughter and Heir of the Petitioner John Wheelwright; praying Leave to bring in a Bill, for appointing the said John Ryley a Trustee for the Charity therein mentioned, in the Room and Stead of the said John Wheelwright; and for establishing the Surname of Wheelwright on him the said John Ryley and his Issue:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Forbes & al. against L. Forbes.

After hearing Counsel further, in the Cause wherein Jane Maria Forbes and others are Appellants, and James Lord Forbes is Respondent:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum nonum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 29^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Palmers against Jacksons.

The joint and several Answer of George Jackson and of Catherine Jackson the Administratrix of Oliver Jackson, deceased, Two of the Respondents to the Appeal of Roger Palmer the Elder and Roger Palmer the Younger Esquires, was brought in.

Basingstoke, and other Roads, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the High Roads from Basingstoke, through Popham Lane, Sutton, Scotney, and Stockbridge, in the County of Southampton, to a Place called Lodcomb Corner in the County of Wilts; and also for repairing and widening the Road from Spittlehouse, over Weyhill, to Mullen's Pond in the said County of Southampton;" to which they desire the Concurrence of the House.

Sir A. Ross against Lockhart.

A Petition of Sir Alexander Ross Baronet, by his Curators and Guardians, Appellants in a Cause depending in this House, which is appointed to be heard on Wednesday next, was presented, and read; praying, "In regard he finds it impossible to instruct his Counsel and be prepared by that Time, that the said Hearing may be put off for a Week."

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

And being withdrawn:

Ordered, That the said Hearing be put off till Wednesday the 11th Day of February next.

Glover's Divorce Bill: Witnesses to attend.

Ordered, That Rebecca Beard, Margery Glover, Thomas Jacks, Thomas Life, Benjamin Adamson, Edmund Rushworth, and William Skelton, do attend this House on Tuesday the 3d Day of February next, as Witnesses, upon the 2d Reading of the Bill, intituled, "An Act to dissolve the Marriage of Richard Glover with Hannah Nunn his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

Forbes & al. against L. Forbes.

After hearing Counsel, as well on Friday last as Yesterday and this Day, upon the Petition and Appeal of Jane Maria Forbes Eldest Daughter of the deceased William Lord Forbes, and Wife of Captain James Dundas Younger of Dundas, and of Elizabeth Forbes, also Daughter of the deceased William Lord Forbes, and Wife of Doctor John Gregory Physician in Aberdeen, and of the said Captain Dundas and Doctor Gregory, for their respective Interests; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 13th Day of February 1755, made on the Behalf of James Lord Forbes; and praying, "That the same might be reversed or varied; and that this House would give the Appellants such further Relief as to this House in their Lordships great Wisdom should seem meet:" An also upon the Answer of the said James Lord Forbes put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That, the Bond of Provision in Question having been granted in Execution of a Faculty reserved in the Contract of Marriage, the Exception of Death-bed did not lie either against the Principal Sum of Two Thousand Pounds, or the Annual Rents or Interest thereof: And it is therefore Ordered and Adjudged, That so much of the said Interlocutor as is complained of by the said Appeal be, and the same is hereby, reversed; and that the Defence of Death-bed be repelled: And it is further Ordered, That the Cause be remitted to the Court of Session in Scotland, to proceed therein accordingly.

E. of Lincoln's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for Sale of several Lands in Bedford Level, the Estate of the Right Honourable Henry Earl of Lincoln Knight of the most Noble Order of the Garter, and Katherine Countess of Lincoln his Wife; and for purchasing other Lands and Hereditaments, of as great or greater Value; and settling the said Lands so to be purchased to the same Uses as the said Lands to be sold are now settled, and for other Purposes therein mentioned," stands committed, be revived; and meet on Tuesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

In order to solemnize this Day; being, by Act of Parliament, appointed to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, tertium diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.