House of Lords Journal Volume 29
December 1757, 11-20

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History of Parliament Trust

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Year published

1767-1830

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207-212

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'House of Lords Journal Volume 29: December 1757, 11-20', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 207-212. URL: http://british-history.ac.uk/report.aspx?compid=114439 Date accessed: 01 October 2014.


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December 1757, 11-20

DIE Martis, 13o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Oxon.
Epus. Roffen.
Epus. Meneven.
Epus. Glocestr.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
March. Tweeddale.
Comes Shaftesbury.
Comes Breadalbane.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Sandys.
Ds. Feversham.
Ds. Lyttelton.

PRAYERS.

Delany against Tenison & al.

The Answer of Thomas Tenison Esquire, William Tenison Esquire, and Samuel Head Gentleman, to the Appeal of Doctor Patrick Delany Dean of Downe, was brought in.

E. of Sandwich & al. to qualify as Vice Treasurer of Ireland, Bill.

The Lord Berkeley of Stratton reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Earl of Sandwich, Wellbore Ellis Esquire, and Thomas Potter 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," 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.

His Majesty's Advocaté against Hay and Cuthbert.

Upon reading the Petition and Appeal of Robert Dundas of Arniston Esquire His Majesty's Advocate, for His Majesty's Interest; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 9th of March 1756, and of Two Interlocutors of the said Lords, of the 13th of July 1756, and 27th of July 1757; and praying, "That the same may be reversed or varied; and such other Relief given the Appellant as to this House shall seem just; and that Jean Hay and Alexander Cuthbert may be required to answer the said Appeal:"

It is Ordered, That the said Jean Hay and Alexander Cuthbert may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 10th Day of January next; and Service of this Order upon any of their Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

His Majesty's Advocate against D. of Montrose & al. Heretors of Drymen.

Upon reading the Petition and Appeal of Robert Dundas of Arniston Esquire His Majesty's Advocate for Scotland, on Behalf of His Majesty, and of Neil Campbell Principal, William Letsham Professor of Divinity, Thomas Craigie and Robert Dick Professors of Philosophy, James Moor Professor of Greek, William Rowat Professor of Oriental Languages, George Ross Professor of Humanity, Hercules Lindsay Professor of Law, John Johnston Professor of Medicine, Robert Simpson Professor of Mathematics, William Anderson Professor of Church History, and Robert Hamilton Professor of Anatomy and Botany, all of the College of Glasgow, and Duncan Mackfarlane Minister of the Gospel at Drymen; complaining of an Interlocutor of the Lords of Session in Scotland, of the 2d of February 1757; and praying, That the same may be reversed or varied; and such other Relief given the Appellants as to this House shall seem just; and that William Duke of Montrose, James Stewart of Finnick, Archibald Buchannan of Drummichill, William Govanes Elder and Younger of Drumquhassill, John Gow, John Graham, and James M'Gowan, Portioners of Drumquhassil, Dougal Buchannan of Craigievern, George Leny Writer in Garchill Factor appointed by the Court of Session on the Estate of Cremannan, in Name and for the Behoof of James Buchannan of Cremannan and the Creditors on said Estate, Archibald Buchannan of Balfrenning, Patrick Neilson Heretor within the Parish of Drymen, William Cunningham of Brandalloch, Thomas Graham of Duchry, John Macklaghlan of Greenhall, Nicol Grahame of Gartmore, William Craig of Dalnair, Alexander Buchannan of Gartharran, James Buchannan of Gartinstary, John Buchannan of Glens, Elizabeth Buchannan Relict of Walter Lechie of Mie, Archibald Buchannan Portioner of Cameron Logan, Patrick Graham of Badievow, Thomas Buchannan of Gartwhannan, William Gardner of Wester Balfunning, John Cunningham of Conochra, William Buchannan of Duchlage, Thomas, Stephen, and James M'Ilquham, Portioners of Wester Finnick Tennant, John Stirling of Herbertshire, Alex ander M'Alister, Alex'r Din, and Alexander M'Alister, Portioners of Kepdouries, all Heretors of the Parish of Drymen, and Proprietors of Lands lying within the said Parish of Drymen, may be required to answer the said Appeal:"

It is Ordered, That the said William Duke of Montrose and the several other Persons 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 Tuesday the 10th Day of January next; and Service of this Order upon any of their Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

L. Irwin against Simpson & al.

Upon reading the Petition and Appeal of Henry Lord Viscount Irwin in that Part of Great Britain called Scotland; complaining of certain Parts of a Decree of the Court of Exchequer, of the 17th of December 1755; and praying, "That the same may be reversed or varied; and that the Appellant may have such Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that William Simpson, Thomas Morris, Thomas Hill, Edward Forster, Richard Middlebrook, William Middlebrook, Thomas Middlebrook, Samuel Meggott, and Joseph Howard, may be required to answer the said Appeal:"

It is Ordered, That the said William Simpson, Thomas Morris, Thomas Hill, Edward Forster, Richard Middlebrook, William Middlebrook, Thomas Middlebrook, Samuel Meggott, and Joseph Howard may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 27th Day of this Instant December.

Adjourn.

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

DIE Mercurii, 14o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.
Epus. Meneven.
Epus. Bristol.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Breadalbane.
Comes Macclesfield.
Comes Waldegrave.
Comes Buckingham.
Comes Northumberland.
Comes Hardwicke.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. Bathurst.
Ds. Sandys.
Ds. Hyde.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

E. of Sandwich & al. to qualify as Vice Treasurer of Ireland, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable John Earl of Sandwich, Wellbore Ellis Esquire, and Thomas Potter 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 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. Edwards and Mr. Montague:

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

Time limited for Petitions for Private Bills.

Ordered, That this House will not receive any Petition for a Private Bill, after Tuesday the 21st Day of February next, during this Session of Parliament.

Orphans Fund and London

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

Bridge Accompts, delivered.

He was called in; and delivered, at the Bar, pursuant to the Directions of Two Acts 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 1757."

And also, "An Accompt of Money received and paid in Pursuance of the Act to improve, widen, and enlarge, the Passage over and through London Bridge, from the 14th Day of December 1756 (exclusive), to the 5th Day of December 1757 (inclusive)."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Delany against Tenison & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Patrick Delany Doctor in Divinity is Appellant, and William Tenison Esquire and others are Respondents:"

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

Hamersley to enter into a Recognizance for E. of Blefinton.

The House being moved, "That Hugh Hamersley may be permitted to enter into a Recognizance for William Earl of Blesinton in the Kingdom of Ireland, on account of his Appeal depending in this House; his Lordship residing in Ireland:"

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

Cumming & al. against Boyle & al.

After hearing Counsel in Part, in the Cause wherein John Cumming Esquire and others are Appellants, and James Boyle of Montgomeryston and others Respondents:

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

Adjourn.

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

DIE Jovis, 15o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Litch. & Cov.
Epus. Cicestrien.
Epus. Bristol.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Argyll.
Dux Bridgewater.
March. Tweeddale.
Comes Warwick.
Comes Coventry.
Comes Breadalbane.
Comes Sussex.
Comes Waldegrave.
Comes Buckinghamsh.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Sandys.
Ds. Mansfield.

PRAYERS.

His Majesty's Advocate against Hay.

Upon reading the Petition and Appeal of Robert Dundas of Arniston Esquire, His Majesty's Advocate, for His Majesty's Interest; complaining of an Interlocutor of the Lords of Session in Scotland, of the 27th of July 1757; and praying, "That the same may be reversed or varied; and that the Appellant may have such other Relief in the Premises as to this House shall seem just; and that Jean Hay may be required to answer the said Appeal:"

It is Ordered, That the said Jean Hay may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Thursday the 12th Day of January next; and Service of this Order upon any of her Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

Cumming & al. against Boyle & al.:

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of John Cumming Provost, James Allison and Francis Cunningham Baillies, William Cunningham Dean of Guild, Thomas Brow Treasurer, James Campbell late Provost, Robert Craig, John Gray, John Mcfie, John Gemmill, Arthur Grahame, James Wyllie, John Deane, Hew Galt, Robert Weir, and Robert Jack, all Counsellors of the Borough of Irvine; complaining of Two Interlocutors of the Lords of Session in Scotland, of the [ (fn. 1) 15th of February and 11th of March] 1757; and praying, "That the same might be reversed; and that the Appellants might have such Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of James Boyle of Montgomeryston late Provost of Irvine, John Glasgow, Adam Dickie, William Watson, Hew Clarke, and Alexander Edwards, all Merchants in the said Borough of Irvine, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be, and the same are hereby, reversed: And it is hereby Declared, That, by the Sett of the Borough of Irvine, the Day of leeting the Magistrates for the said Borough is the Friday preceding the First Monday after Michaelmas Yearly: And it is further Ordered, That the Appellants be assoilzied; and that the Respondents do pay, or cause to be paid, to the said Appellants, their Costs of the Suit in the Court below; and that an Accompt thereof be given in.

Dickinson to enter into a Recognizance on L. Irwin's Appeal.

The House being moved, "That Edward Dickinson of Saint Clements Danes Gentleman may be permitted to enter into a Recognizance for Henry Lord Viscount Irwin, on account of his Appeal depending in this House; his Lordship being in the Country:"

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

Chichester to revive her Appeal.

Upon reading the Petition of Anne Chichester Widow, Appellant in a Cause depending in this House, to which Arthur Earl of Donegall is Respondent, which stands appointed for Hearing; setting forth, "That the said Respondent the late Earl of Donegall departed this Life in September last, having duly made and published his last Will and Testament in Writing, and appointed the Honourable Richard Barry Esquire sole Executor thereof; and that Arthur the present Earl of Donegall is an Infant under the Age of Twenty-one, and is the Respondent's Heir at Law, against whom, the Petitioner is advised, it is necessary for her to revive the said Appeal before the same can regularly be brought to Hearing;" and therefore praying, "That the said Appeal may stand revived against the present Earl and the said Richard Barry; and that they may be required to put in their Answer thereto:"

It is Ordered, That the said Appeal do stand revived against the said Earl and the said Richard Barry; and that the said Earl by his Guardian, and the said Richard Barry, do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 19th Day of January next; and that, in the mean Time, the said Hearing be postponed.

Causes removed.

Ordered, That the Cause wherein John Stewart Esquire is Appellant, and Sir Kenneth Mackenzie Baronet is Respondent, which stands appointed for To-morrow, be put off to Monday next; and that the other Causes be removed in Course.

Adjourn.

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

DIE Lunæ, 19o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Bath. & Wells.
Epus. Sarum.
Epus. Cestrien.
Epus. Meneven.
Epus. Cicestrien.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon.
Dux Argyll.
Comes Huntingdon.
Comes Warwick.
Comes Shaftesbury.
Comes Jersey.
Comes Breadalbane.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Sandys.
Ds. Hyde.
Ds. Mansfield.

PRAYERS.

Proceedings and Accompts of the Commissioners of Westminster Bridge, delivered.

The House being informed, "That Mr. Seddon, from the Commissioners of Westminster Bridge, attended:"

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

"A State of the Proceedings of the said Commissioners, from the 30th Day of November 1756, to the 6th Day of December 1757."

And also, "Accompts of the Treasurer to the said Commissioners, from the 10th Day of October 1756, to the 10th Day of October 1757."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Ross against Ross, Pet. to put off the Hearing:

A Petition of Alexander Ross of Pitcalny Esquire, Respondent in a Cause depending in this House, wherein Colonel James Ross is Appellant, which stands for Hearing on Wednesday next, was presented, and read; setting forth, "That the Questions in this Cause are intrieate and perplexed, arising from the Nature of the particular Forms of Proceedings in the Court of Session in Suits like the present, as well as from various Points peculiar to the Law of Scotland; by reason whereof the Petitioner apprehends, and is advised, that it is necessary and of Consequence to him to have his Cause argued by his Scotch Counsel, the Lord Advocate of Scotland, who is not yet arrived in London;" and therefore praying, "That the said Hearing may be put off till after the ensuing Recess."

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

And being withdrawn:

Rejected.

Ordered, That the said Petition be rejected.

Boyle's Appeal received.

The House was informed, "That an Appeal of Bellingham Boyle Esquire was lodged at The Parliamentoffice on Thursday last (being the last Day for receiving Appeals pursuant to the Standing Order); but that the same was not brought till after the Rising of the House."

And it being moved, "That the said Appeal be now received:"

Ordered, That the said Appeal be now received.

Boyle against Evans & al.

Accordingly, upon reading the Petition and Appeal of Bellingham Boyle Esquire; complaining of Two Decrees of the Court of Chancery in Ireland, of the 9th Day of June 1753, and 23d Day of May 1757; and praying, "That the same may be reversed; and that this House will grant the Appellant such further Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that Eyre Evans Esquire, Charles Lord Archbishop of Dublin, and Mary Forster, may be required to answer the said Appeal:"

It is Ordered, That the said Eyre Evans, Charles Lord Archbishop of Dublin, and Mary Forster, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 23d Day of January next; and Service of this Order upon their respective Clerks in Court in the Cause below shall be deemed good Service.

Wentworth, Leave for a Divorce Bill.

Upon reading the Petition of Godfrey Wentworth Esquire of Hickleton in the County of York; praying Leave to bring in a Bill, to dissolve his Marriage with Dorothea Pilkington; and to enable him to marry again; 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.

Account of Ships employed from Scotland in the Whale Fishery.

The House being informed, "That Mr. Rowe, from the Commissioners of the Customs in Scotland, attended:"

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

"An Account of what Number of Ships from Scotland have been employed in the Whale Fishery to Davis's Streights and The Greenland Seas; with their respective Names and Burdens; from whence they were fitted out, and at what Port they were discharged; and also what Quantity of Oil or Whale Fins each Ship has imported, from the 10th of October 1756."

And also, "An Account of all Corn, Meal, Malt, Flour, Bread, Biscuit, and Starch, that have been exported from that Part of Great Britain called Scotland, from the Commencement of an Act of Parliament made in the 30th Year of His present Majesty, to the 1st Day of December 1757."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Stewart against Sir Kenneth Mackenzie.

After hearing Counsel in Part, in the Cause wherein John Stewart Esquire of Farnese is Appellant, and Sir Kenneth Mackenzie Baronet is Respondent:

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

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

Malt Bill.

With a Bill, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-eight;" to which they desire the Concurrence of this House.

Land Tax Bill.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-eight; and for enforcing the Payment of the Rates to be assessed upon Somerset House in The Strand;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Adjourn.

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

DIE Martis, 20o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.
Epus. Meneven.
Epus. Glocestr.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Warwick.
Comes Shaftesbury.
Comes Holdernesse.
Comes Jersey.
Comes Cholmondeley.
Comes Breadalbane.
Comes Gower.
Comes Northumberland.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Foley.
Ds. Sandys.
Ds. Feversham.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-eight; and for enforcing the Payment of the Rates to be assessed upon Somerset House in The Strand."

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, To-morrow.

Wentworth's Divorce Bill:

The Lord Willoughby of Parham (pursuant to the Order Yesterday) presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Godfrey Wentworth Esquire with Dorothea Pilkington his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Thursday the 19th Day of January next; and that Notice thereof be affixed on the Doors of this House; and the Lords to be summoned; and that the said Godfrey Wentworth may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Dorothea Pilkington may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at the same Time.

Witnesses ordered to attend upon it.

Ordered, That Alan Johnson, Richard Burnell, Sarah Whitehead, Richard Lambert, George Hawkridge, Alice Hawkridge, Richard Birch, George Johnston, and Sarah Kell, do attend this House, on Thursday the 19th Day of January next, in order to be examined as Witnesses upon the Second Reading of the said Bill.

Carlisle Military Roads, Accompts of Trustees delivered:

The House being informed, "That Mr. Bigge, froth the Commissioners and Trustees appointed to put in Execution an Act of the 24th Year of the Reign of His present Majesty, for making a Road for the Passage of Troops and Carriages from Carlisle to Newcastle, attended:"

He was called in; and delivered, at the Bar,

"Copies of the Proceedings and Accompts of the said Commissioners and Trustees, for the Counties of Cumberland and Northumberland."

And then he was directed to withdraw.

And the Titles thereof were read, by the Clerk, as follow:

"1757.

"Copies of all the Orders and Acts of the Commissioners and Trustees; and also the Accompt of the Receipts and Disbursements of George Blamire Gentleman, Treasurer to and for the said Commissioners and Trustees nominated and appointed for putting in Execution an Act passed in the Twenty-fourth Year of the Reign of His present Majesty, intituled, "An Act for laying out, making, and keeping in Repair, a Road proper for the Passage of Troops and Carriages, from the City of Carlisle to the Town of Newcastle upon Tyne," so far as the same relates to or concerns that Part of the said Road which lies in the County of Cumberland."

"1757.

"The Thirteenth Accompt of the Receipts and Disbursements of John Tweeddell Gentleman, Clerk and Treasurer to and for the Commissioners and Trustees nominated and appointed for putting in Execution an Act passed in the Twenty-fourth Year of the Reign of His present Majesty, intituled, "An Act for laying out, making, and keeping in Repair, a Road proper for the Passage of Troops and Carriages from the City of Carlisle to the Town of Newcastle upon Tyne," so far as the same relates to or concerns that Part of the said Road which lies in the County of Northumberland."

Ordered, That the same do lie on the Table.

E. of Egmont's Pet. referred to Judges.

Upon reading the Petition of John Earl of Egmont in the Kingdom of Ireland; praying Leave to bring in a Bill, for enabling him to raise Money, for purchasing Lands in England, for the Purposes of his Marriage Settlement, by Mortgage, instead of Sale, of Part of his Irish Estate; 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 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.

Ross against Ross.

A Petition of George Urquhart, Agent for Alexander Ross of Pitcalny Esquire, Respondent to the Appeal of Colonel James Ross, which stands appointed to be heard To-morrow, was presented, and read; setting forth, "That the Petitioner did not receive the Respondent's Case till Yesterday Evening when the last Post arrived; and though the Petitioner is now possessed of the Respondent's Case, as well as all other Materials for the Hearing, it will be impossible to print the Case and instruct Counsel against To-morrow, the Respondent's English Counsel having declined to sign his Case under so short a Time;" and therefore praying, "That the said Hearing may be put off till the First Cause Day after the ensuing Recess."

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 the First Day for Causes after the Recess at Christmas; and that all the other Causes be removed in Course.

Stewart against Sir Kenneth Mackonzie:

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of John Stewart Esquire of Farnese; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 12th of February 1755; and also of an Interlocutor of the Lords of Session, of the 25th of June 1756; and likewise of Two Interlocutors of the said Lords, of the 16th of February 1757; and also of Two other Interlocutors of the said Lords, of the 23d of February and 5th of March 1757; and praying, "That the same might be reversed, varied, or altered; and that the Appellant might have such other Relief in the Premises as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of Sir Kenneth Mackenzie Baronet put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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

Malt Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-eight."

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, To-morrow.

Adjourn.

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

Footnotes

1 Origin. 15 and 11th of March; vide Journal of 22d of February and 21 of March 1757.