House of Lords Journal Volume 38
April 1790 11-20

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History of Parliament Trust

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1767-1830

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588-599

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'House of Lords Journal Volume 38: April 1790 11-20', Journal of the House of Lords volume 38: 1787-1790 (1767-1830), pp. 588-599. URL: http://british-history.ac.uk/report.aspx?compid=116877 Date accessed: 17 April 2014. Add to my bookshelf


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April 1790 11-20

DIE Lunæ, 12o Aprilis 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bangor.
Epus. Meneven.
Epus. Glocestr.
Ds. Thurlow, Cancellarius.
Dux Beaufort.
Comes Stamford.
Comes Doncaster.
Comes Galloway.
Comes Lonsdale.
Comes Mount Edgcumbe.
Viscount Stormont.
Viscount Falmouth.
Ds. Cathcart.
Ds. Kinnaird.
Ds. Bagot.

PRAYERS.

Dalrymple against Macclery.

The Answer of Thomas Macclery, in Balnab, to the Appeal of John Dalrymple, of Dunragget, Esquire, was this Day brought in.

Graham against Russell et al.

As was also, the Answer of John Russell Junior, Clerk to the Signet, Trustee for Samuel Stevenson, Surgeon in Edinburgh, and his Creditors, to the Appeal of Mrs. Jean Graham, Spouse of Thomas Hay, Surgeon in Edinburgh, and others.

Stewart and Hepburn against Bells:

After hearing Counsel this Day upon the Petition and Appeal of George Stewart the Younger, of Grandtully, Esquire, and Henry Hepburn, Tenant of the Slate Quarries, in the Hill of Obney; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 4th of August 1786, and of Three Interlocutors of the Lords of Session there, of the 9th of March 1786, and 22d of July, and 22d of November 1788; and praying, "That the same might be reversed, varied, or amended, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem proper; as also upon the Answer of John Bell, Slater in Muirend, and James Bell, Slater in Scone, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause."

Interlocutors 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 several Interlocutors therein complained of be, and the same are hereby affirmed: And it is further Ordered, that the Appellants do pay or cause to be paid to the said Respondents, the Sum of Forty Pounds for their Costs, in respect of the said Appeal.

Deverill Enclosure Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and allotting the Open and Commonable Lands, within the Manor of Deverill Longbridge, Hussey Deverill, and Monkton Deverill, in the County of Wilts," 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."

Manby's Bill rejected.

The Lord Cathcart also reported from the Lords Committees, to whom the Bill, intituled, "An Act for enabling John Manby Esquire, to charge his Freehold Estate in the County of Lincoln, and in the County of the City of Lincoln, and in the Suburbs of the same City, with a competent Sum of Money, for the Purpose as well of improving the same, as also of an Estate held by him by virtue of a Lease from the Warden or Keeper of the Hospital of Saint John Baptist, of Meere, in the said County of the said City 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 made some Amendments thereto."

Which Amendments were read by the Clerk:

Then the first Seven Amendments being again read by the Clerk, were, severally, agreed to by the House.

The rest of the Amendments being again read by the Clerk, were, severally, (upon the Question) disagreed to by the House.

Ordered, That the said Bill be rejected.

Estcourt's Petition referred to Judges.

Upon reading the Petition of Thomas Estcourt, of Estcourt, in the Parish of Shipton, Moyne and Dovel, in the County of Gloucester, Esquire, for and on Behalf of himself, and Thomas Grimston Estcourt, and Edmund William Estcourt, his Infant Sons, also of Edmund Estcourt, of Lincoln's Inn, in the County of Middlesex, Esquire, and the Reverend Edward Estcourt, of Newnton, in the County of Wilts, Clerk, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

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

Polebrook Enclosure Bill.

A Message was brought from the House of Commons, by Sir James Langham and others:

With a Bill, intituled, "An Act for dividing and en closing the Common and Open Fields, Meadows, Commonable Lands, and Waste Grounds, in the Parish of Polebrook, in the County of Northampton;" to which they desire the Concurrence of this House.

Tamer Ferry Bill.

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

With a Bill, intituled, "An Act for authorizing and enabling the Right Honourable George Earl of Mount Edgcumbe, and Reginald Pole Carew Esquire, to establish and maintain a common Ferry over and across the River Tamer, between a certain Place North of Plymouth Dock, in the Parish of Stoke Damarel, in the County of Devon, and Torpoint, in the Parish of Antony Saint Jacob, otherwise Antony in the East, in the County of Cornwall;" to which they desire the Concurrence of this House.

Mickleover Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Fields, Common Meadows, and Pastures, Common, and Waste Lands, in the Liberty or Lordship of Mickleover, in the County of Derby;" to which they desire the Concurrence of this House.

Truro Paving, &c. Bill.

A Message was brought from the House of Commons, by Colonel Boscawen and others:

With a Bill, intituled, "An Act for paving, cleansing, lighting, and widening the Streets, Lanes, and Passages, for removing and preventing Encroachments, Nuisances, and Annoyances; and for regulating the Porters and Drivers of Carts within the Borough of Truro, and Part of the adjoining Parishes, in the County of Cornwall;" to which they desire the Concurrence of this House.

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

Massey and Cooke, Petition referred to Judges.

Upon reading the Petition of James Massey, S. Clowes Junior, and James Cooke, Trustees for the Time being, of certain Lands lying and being in Salford, within the Parish of Manchester, and County Palatine of Lancaster, given by Humphrey Booth, heretofore of Salford aforesaid, Gentleman, deceased, for the Repairs of the Chapel, and the Overplus to the Poor of Salford aforesaid, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

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

Trustees of Mayes's Charity Petition referred to Judges.

Upon reading the Petition of John Carill Worsley and John Markland, Trustees of certain Lands, situate, lying, and being in Manchester, in the County Palatine of Lancaster, called Mayes's Charity Lands, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Buller and Mr. Baron Thomson, who are forthwith to summon all Parties concerned in the said 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.

Carmichael et al. against E. Hyndford:

Upon reading the Petition of John Carmichael Esquire and others, Appellants in a Cause depending in this House, to which Thomas Earl of Hyndford is Respondent, which stands appointed for hearing; setting forth, That the Parties in this Cause having come to an Agreement;" the Petitioners humbly pray, "That their Lordships will be pleased to allow the Appeal to be withdrawn without Costs, the Agent for the Respondent having signed the said Petition as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal without Costs, as desired.

Graham et al. against Russel et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Mrs. Jean Graham and others are Appellants, and John Russell Junior, Clerk to the Signet, and others, are Respondents:"

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

Dalrymple against Macclery.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein John Dalrymple Esquire is Appellant, and Thomas Macclery 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.

Bromsgrove Road Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Terms and Powers of Three several Acts made in the Thirteenth Year of the Reign of King George the First, the Twenty-first Year of the Reign of King George the Second, and the Eleventh Year of the Reign of His present Majesty, for repairing the Road leading from the Town of Bromsgrove, in the County of Worcester, to the Town of Birmingham, in the County of Warwick," 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."

Adjourn.

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

DIE Mercurii, 14o Aprilis 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Petriburg.
Epus. Bangor.
Epus. Oxon.
Epus. Glocestr.
Ds. Thurlow, Cancellarius.
March. Stafford, C.P.S.
Dux Norfolk, Marescallus.
Dux Beaufort.
Comes Sandwich.
Comes Doncaster.
Comes Galloway.
Comes Selkirk.
Comes Lonsdale.
Comes Mount Edgcumbe.
Viscount Falmouth.
Viscount Sydney.
Ds. Cathcart.
Ds. Kinnaird.
Ds. Bulkeley.
Ds. Sommers.
Ds. Delaval.

PRAYERS.

Bruces and Hamilton against Bruce.

After hearing Counsel in Part in the Cause, wherein Elizabeth Bruce, and Margaret Bruce, and James Hamilton Esquire, are Appellants, and James Bruce Esquire is Respondent:

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

Biggleswade Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue the Term, and alter and enlarge the Powers of an Act of the Tenth Year of His present Majesty, for repairing the Road from Biggleswade, in the County of Bedford, through Bugden and Alconbury, to the Top of Alconbury Hill, and from Bugden to Huntingdon, and from Cross Hall to Great Stoughton Common, in the County of Huntingdon, and also the Road leading out of the aforesaid Road, at or near the Ferry House, in the Parish of Tempsford, to and through Little Barford, Eynesbury, and Saint Neot's, to the Turnpike Road at the End of Cross Hall Lane."

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

Ld. Privy Seal.
D. Norfolk.
D. Beaufort.
E. Sandwich.
E. Doncaster.
E. Galloway.
E. Selkirk.
E. Lonsdale.
E. Mount Edgcumbe.
V. Falmouth.
V. Sydney.
L. Abp. Canterbury.
L. Bp. Peterborough.
L. Bp. Bangor.
L. Bp. Oxford.
L. Bp. Gloucester.
L. Cathcart.
L. Kinnaird.
L. Bulkeley.
L. Sommers.
L. Delaval.

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

Bp. Bristol et al. Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of the Right Reverend Christopher Lord Bishop of Bristol and others, praying Leave to bring in a private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estates of Richard Wilson Esquire, deceased, in the County of York, and for settling other Estates in the County of the City of York in lieu thereof."

Harby Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Pastures, and other Commonable Lands and Grounds, within the Parish of Harby, in the County of Leicester."

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

Mickleover Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Common Meadows, and Pastures, Common, and Waste Lands, in the Liberty or Lordship of Mickleover, in the County of Derby."

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

Their Lordships, or any Five of them, to meet on Tuesday next, at the usual Time and Place; and to adjourn as they please.

Dormstone Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, and other Commonable Lands, within the Parish of Dormstone, in the County of Worcester."

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

Dudley Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for making, amending, widening, and keeping in Repair, a Road from Eve Hill, near Dudley, to the New Inn, in the Parish of Pattingham, and from the Turnpike Road at or near Street End, in the Parish of Kingswinford, to the Turnpike Road leading from Dudley to Wolverhampton, in the Counties of Worcester, Salop, and Stafford."

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

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

Dudley Canal Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for effectually carrying into Execution Two Acts of the Sixteenth and Twenty-fifth Years of His present Majesty, for making and maintaining a Navigable Canal from the Stourbridge Navigation, to the Birmingham, and Birmingham and Fazeley Canal Navigations, in the Counties of Worcester and Stafford."

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

Truro Paving, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for paving, cleansing, lighting, and widening the Streets, Lanes and Passages; for removing and preventing Encroachments, Nuisances and Annoyances; and for regulating the Porters and Drivers of Carts within the Borough of Truro, and Part of the adjoining Parishes, in the County of Cornwall."

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

Their Lordships, or any Five of them, to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.

Streatham Poor Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for providing a Workhouse for and for the better Relief and Employment of the Poor of the Parish of Streatham, in the County of Surrey; and for appointing an additional Overseer for the better Government of the Poor of the said Parish."

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 Monday the 26th Day of this Instant April, at the usual Time and Place; and to adjourn as they please.

Bleatarn Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common and Waste Grounds within the Manor of Bleatarn, in the Parish of Warcop, in the County of Westmorland."

Ordered, That the said Bill be committed to 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.

Terrington Embankment, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for embanking the Common Salt Marsh within the Parishes of Terrington Saint Clement's and Terrington Saint John's, in the County of Norfolk; and for dividing and enclosing the same and other Commons within the said Parishes."

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

It was resolved in the Affirmative.

Deverill Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and allotting the Open and Commonable Lands within the Manor of Deverill, Longbridge, Hussey Deverill, and Monckton Deverill, in the County of Wilts."

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

It was resolved in the Affirmative.

Bromsgrove Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enlarge the Terms and Powers of Three several Acts made in the Thirteenth Year of the Reign of King George the First, the Twenty-first Year of the Reign of King George the Second, and the Eleventh Year of the Reign of His present Majesty, for repairing the Road leading from the Town of Bromsgrove, in the County of Worcester, to the Town of Birmingham, in the County of Warwick."

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 Three preceding Bills.

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

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

Exchequer Loans Bill.

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

With a Bill, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills for the Service of the Year One thousand seven hundred and ninety;" to which they desire the Concurrence of this House.

Exchequer further Loans Bill.

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

With a Bill, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety;" to which they desire the Concurrence of this House.

Expiring Laws Bill.

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

With a Bill, intituled, "An Act to continue the several Laws therein mentioned relating to the Encouraging the Manufacture of Leather by lowering the Duty payable upon the Importation of Oak Bark when the Price of such Bark shall exceed a certain Rate; to the prohibiting the Exportation of Tools and Utensils made use of in the Iron and Steel Manufactures of this Kingdom; and to prevent the seducing of Artificers and Workmen employed in those Manufactures to go into Parts beyond the Seas; and to the ascertaining the Strength of Spirits by Clarke's Hydrometer;" to which they desire the Concurrence of this House.

Longitude Bill.

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

With a Bill, intituled, "An Act for continuing the Encouragement and Reward of Persons making certain Discoveries for finding out the Longitude at Sea, or making other useful Discoveries and Improvements in Navigation, and for making Experiments relating thereto; and for adding a Commissioner to execute the several Acts for the Discovery of the Longitude at Sea;" to which they desire the Concurrence of this House.

Road Enclosure Bill.

A Message was brought from the House of Commons, by Sir James Pennyman and others:

With a Bill, intituled, "An Act for dividing and enclosing Part of a certain Common or Waste Land called Road Common, within the Manor of Road and Langham, in the Parishes of Road and North Bradley, in the Counties of Somerset and Wilts;" to which they desire the Concurrence of this House.

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

Edington Enclosure Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for draining, dividing, and enclosing certain Moors, Commons, or Waste Lands, called Edington, otherwise Burtle Moor, East Heath, West Heath, and Clyde Batch, within the Hamlet of Edington and Parish of Moorlinch, in the County of Somerset," stands committed, be revived, and meet To-morrow.

Adjourn.

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

DIE Jovis, 15o Aprilis 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bangor.
Epus. Glocestr.
Ds. Thurlow, Cancellarius.
Dux Norfolk, Marescallus.
Dux Beaufort.
Comes Exeter.
Comes Sandwich.
Comes Coventry.
Comes Poulet.
Comes Galloway.
Comes Selkirk.
Comes Uxbridge.
Comes Lonsdale.
Comes Mount Edgcumbe.
L. Cathcart.
L. Kinnaird.
L. Bulkeley.

PRAYERS.

Bruce and Hamilton against Bruce:

After hearing Counsel as well Yesterday as this Day, upon the Petition and Appeal of Elizabeth Bruce and Margaret Bruce, Daughters of the deceased David Bruce of Kinnaird Esquire, and of James Hamilton of Bangour Esquire, Husband of the said Margaret, for his Interest; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 7th of December 1787, and 26th of February and 8th of March 1788; and also of an Interlocutor of the Lords of Session there, of the 1st of July 1788; and praying, "That the same might be reversed, varied, or amended, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships great Wisdom, should seem proper;" as also, upon the Answer of James Bruce of Kinnaird Esquire, 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.

Bp. Bristol or Wilson's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estates of Richard Wilson Esquire, deceased, in the County of York, and for settling other Estates in the County of the City of York, in lieu thereof."

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

D. Norfolk.
D. Beaufort.
E. Exeter.
E. Sandwich.
E. Coventry.
E. Poulet.
E. Galloway.
E. Selkirk.
E. Uxbridge.
E. Lonsdale.
E. Mount Edgcumbe.
L. Bp. Bangor.
L. Bp. Gloucester.
L. Cathcart.
L. Kinnaird.
L. Bulkeley.

Their Lordships, or any Five of them, to meet on Friday the 30th Day of this Instant April, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Gibson and Johnson against Minet and Fector, in Error.

Ordered, That the Judges do attend this House on Friday the 23d Day of this Instant April, upon hearing the Errors argued, assigned upon the Writ of Error, wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Hughes Minet and James Peter Fector are Defendants.

Adjourn.

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

DIE Veneris, 16o Aprilis 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Bangor.
Epus. Glocestr.
Ds. Thurlow, Cancellarius.
March. Stafford, C.P.S.
Dux Leeds.
Comes Doncaster.
Comes Morton.
Comes Galloway.
Comes Selkirk.
Comes Breadalbane.
Comes Radnor.
Comes Lonsdale.
Comes Strange.
Comes Mount Edgcumbe.
Viscount Stormont.
Ds. Cathcart.
Ds. Kinnaird.
Ds. Hay.
Ds. Middleton.
Ds. Scarsdale.

PRAYERS.

Sir W. Forbes et al. against Sir J. McPherson.

After hearing Counsel further in the Cause, wherein Sir William Forbes, of Craigyvar, Baronet, and others, are Appellants, and Sir John McPherson Baronet is Respondent:

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

Estcourt et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Thomas Estcourt, of Estcourt, in the County of Gloucester Esquire, for and on Behalf of himself and his Infant Sons, and others; praying Leave to bring in a private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting certain Parts of the settled Estates of Thomas Estcourt Esquire, in the Counties of Gloucester and Wilts, in Trustees to be sold and exchanged; and for laying out Part of the Money arising by Sale in other Estates, to be settled to the same Uses; and for applying the Residue in Discharge of Incumbrances."

White's Petition referred to Judges.

Upon reading the Petition of the Reverend Doctor Stephen White on Behalf of himself, and William Archibald Armstrong White, Francis Sellon White, Elizabeth Anne White, Mary White, Sarah White, Priscilla White, and Anna White, his Children, Infants under the Age of Twenty-one Years, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

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

Lewes Navigation Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for improving, continuing, and extending the Navigation of the River Ouse, from Lewes Bridge, at the Town of Lewes, to Hammer Bridge, in the Parish of Cuckfield, and to the Extent of the said Parish of Cuckfield; and also of a Branch of the said River to Shortbridge, in the Parish of Fletching, in the County of Sussex," 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 One Amendment thereto."

Which Amendment was read by the Clerk as follows; (videlicet)

Pr. 18. L. 25. After the Word ("deducted") insert Clause (A.)"

Clause (A.) "And be it further enacted, That all Sums of Money which are to be paid to any Bodies Politic, Corporate or Collegiate, Corporations Aggregate or Sole, Feoffees in Trust, Executors, Administrators, Husbands, Guardians, Committees, or other Trustees whatsoever, for or on Behalf of any Infants, Lunatics, Ideots, Femes Covert, or other Cestuique Trusts, to any Person or Persons whose Lands or Grounds are limited in strict Settlement, for the Purchase of any Lands, Tenements, or Hereditaments, as aforesaid, shall, in case the same exceed the Sum of Twenty Pounds, by such Bodies Politic, Corporate or Collegiate, Corporations Aggregate or Sole, Feoffees in Trust, Executors, Administrators, Husbands, Guardians, Committees, or other Trustees, Person or Persons seised of Lands, Tenements, or Hereditaments, so limited in strict Settlement, be laid out as soon as conveniently may be, in the Purchase of Lands, Tenements, or Hereditaments, in Fee Simple, and conveyed to or to the Use of such Person or Persons, and for such Estates, and subject to such Uses, Trusts, Limitations, Remainders, and Contingencies, as the Messuages, Weirs, Lands, Tenements, or Hereditaments, for or in respect whereof such Purchase Money shall be so paid as aforesaid, were limited, settled, and assured at the Time such Money was so agreed for, ascertained, or assessed respectively as aforesaid, or so many of such Uses as shall be then existing, and capable of taking Effect, such Conveyances and Settlements, (other than those which concern any Purchase or Exchange between any of the respective Land-owners) to be made at the Expence of the said Company of Proprietors, and in the mean Time, and until such Purchase and Purchases shall be made, the said Money shall be placed out by such Bodies Politic, Corporate or Collegiate, Corporations Aggregate or Sole, Feoffees in Trust, Executors, Administrators, Husbands, Guardians, Committees, or other Trustees, Person or Persons, in some of the Public Funds, or on Government or real Securities, in the Names of Two Persons, the one to be nominated by the Party or Parties interested therein, and the other by the said Company of Proprietors, any Five or more of them, and the Interest arising, or to be produced from such Funds or Securities, shall be paid to such Person or Persons respectively, as would for the Time being be entitled to the Rents and Profits of such Lands, Tenements, or Hereditaments, so to be purchased, in case the same were purchased and settled, pursuant to the Tenor and true Meaning of this Act."

And the said Amendment being read a Second Time, was agreed to by the House.

Malldraeth Embankment Bill.

The Lord Cathcart also reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually embanking the Marsh, called Malldraeth and Corsddaugau, in the County of Anglesey, and draining and preserving the same, and the enclosed Low Lands contiguous thereto," 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."

Dudley Road Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for making, amending, widening, and keeping in Repair, a Road from Eve Hill near Dudley, to the New Inn, in the Parish of Pattingham, and from the Turnpike Road at or near Street End, in the Parish of Kingswinford, to the Turnpike Road leading from Dudley to Wolverhampton, in the Counties of Worcester, Salop, and Stafford," was committed.

Williams et al. against Wright:

Upon reading the Petition of Richard Williams and others, Appellants in a Cause depending in this House, to which Robert Wright Esquire is Respondent, which stands appointed for hearing; setting forth, "That the Parties in this Cause having come to an Agreement; the Petitioners humbly pray, that their Lordships will be pleased to allow them to withdraw their Appeal, the Agent for the Respondent having signed the said Petition as consenting thereto:"

Appeal withdrawn.

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

Falzieff and Sir W. Forbes against Elphinstone.

The House being informed, "That the Honourable Captain William Elphinstone Respondent to the Appeal of Michael Falzieff, of Saint Petersburg, Merchant, and Sir William Forbes Baronet, his Attorney, had not put in his Answer to the said Appeal, though duly served with the Order of this House, for that Purpose."

And thereupon, an Affidavit of Thomas Burns, Clerk to Walter Scott, Writer to His Majesty's Signet, of the due Service of the said Order being read;

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Sir J. Riddell et al Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of Sir John Riddell Baronet and others, praying Leave to bring in a private Bill, for the Purposes therein mentioned.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Sir John Riddell Baronet, to use the Surname and Arms of Buchanan, pursuant to the Will of Archibald Buchanan Esquire, deceased, and for vesting certain Estates in the Counties of Bedford and Bucks, devised by the said Will, to the Uses therein mentioned, in Trustees to sell the same, for discharging Incumbrances thereon, and to lay out the Residue of the Money arising by such Sale in the Purchase of Lands, to be settled to the same Uses, and for other Purposes."

Linlithgow Roads Bill.

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

With a Bill, intituled, "An Act to continue the Term, and alter the Powers of so much of Two Acts made in the Twenty-fifth and Thirty-first Years of the Reign of His late Majesty, for repairing several Roads in the Counties of Linlithgow and Stirling, as relates to the Roads lying within the County of Linlithgow;" to which they desire the Concurrence of this House.

Clayworth Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, enclosing, and regulating certain Open Fields, Meadows, Pastures, Carrs, Commons, and Waste Grounds, within the Township and Liberty of Clayworth, in the Parish of Clayworth, in the County of Nottingham;" to which they desire the Concurrence of this House.

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

Land Revenue, Report of Commissioners, delivered.

The House being informed, "That Mr. Harrison, from the Commissioners appointed to enquire into the State and Condition of the Land Revenues of the Crown, attended:"

He was called in, and delivered at the Bar, pursuant to the Order of the 1st Day of this Instant April,

"Report of the Commissioners appointed to enquire into the State and Condition of the Woods, Forests, and Land Revenues of the Crown, and to sell or alienate Fee Farm, and other unimproveable Rents."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Ordered, That the said Report be printed.

Annuities, Monies paid in part of Interest on, Account delivered.

The House being informed, "That Mr. Jennings, from the Exchequer, attended:"

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

"An Account of Monies paid into the Exchequer in Part of Interest on the Sum of One hundred eighty-seven thousand Pounds, raised by Annuities by an Act 29o Georgii Terti Regis for the Year ended 5th Day of April 1790."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Tamer Ferry Bill, King's Consent signified.

The Duke of Leeds acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for authorizing and enabling the Right Honourable George Earl of Mount Edgcumbe and Reginald Pole Carew Esquire, to establish and maintain a common Ferry over and across the River Tamer, between a certain Place North of Plymouth Dock, in the Parish of Stoke Damarel, in the County of Devon, and Torpoint, in the Parish of Antony Saint Jacob, otherwise Antony in the East, in the County of Cornwall," was pleased to consent (as far as His Majesty's Interest is concerned), that their Lordships may proceed therein as they shall think fit."

Ld. Castle Stewart's Petition claiming the Barony of Ochiltree.

The Duke of Leeds (by His Majesty's Command) presented to the House, a Petition of the Right Honourable Andrew Thomas Lord Castle Stewart, of the Kingdom of Ireland, claiming the Honour, Title, and Dignity of Lord Ochiltree, of the Kingdom of Scotland, with His Majesty's Reference thereof to this House; which Petition and Reference were read by the Clerk, and are as follow; (videlicet)

"To the King's most Excellent Majesty,

"The humble Petition of the Right Honourable Andrew Thomas Lord Castle-Stewart, of the Kingdom of Ireland,

"Sheweth,

"That Andrew the Third Lord Evandale, of the Kingdom of Scotland, having in or about the Year 1534 resigned that Honour, Title, and Dignity, into the Hands of His Majesty, was soon afterwards created Lord Stewart of Ochiltree; he died in 1548 or 1549.

"That he was succeeded by his Son Andrew, the Second Lord Ochiltree, and he was succeeded by his Son, Andrew the Third Lord Ochiltree.

"This Andrew the Third Lord Ochiltree had Two Sons, videlicet, Andrew and James.

Andrew, called Master of Ochiltree, died in the Lifetime of his Father, leaving several Children.

James, afterwards Sir James Stewart of Bothwell Muir and Earl of Arran.

"The said Andrew, Third Lord Ochiltree, died about the Year 1592, and was succeeded by his Grandson Andrew, Son of the aforesaid Master of Ochiltree, who thereupon became Fourth Lord Ochiltree.

"That this Andrew, the Fourth Lord Ochiltree, did in the Year 1615, resign his Title of Honour of Lord Ochiltree, and whole Estates in Scotland, into the Hands of His Majesty King James the Sixth, who immediately conferred both the Honour and Estate upon Sir James Stewart of Killeth, and his Heirs Male, which Sir James Stewart of Killeth was first Cousin of the aforesaid Andrew, Fourth Lord Ochiltree, and Son of the aforesaid Sir James Stewart of Bothwell Muir, who thereupon became Lord Ochiltree.

"That King James the Sixth, afterwards, videlicet, in 1619, by Letters Patent, created the aforesaid Andrew (who had been the Fourth Lord Ochiltree, and had resigned the same in Manner above-mentioned,) Lord Castle Stewart of the Kingdom of Ireland, and having likewise obtained the Grant of very considerable Estates in that Country, he fixed his Residence there, where his Family have ever since remained; and your Petitioner is the Lineal Male Descendant of the said Andrew, who was the Fourth Lord Ochiltree, and the First Lord Castle Stewart, and he now enjoys the last of these mentioned Honours and Dignities.

"That the aforesaid Sir James Stewart of Killeth, who was First Cousin to the aforesaid Andrew Fourth Lord Ochiltree and First Lord Castle Sewart, and who in 1615 was created Lord Ochiltree with Descent to his Heirs Male, enjoyed the said Honour, Title, and Dignity, till his Death, which happened in or about the Year 1659, when he was succeeded by his Grandson William Lord Ochiltree, who died under the Age of Twenty-one Years, and unmarried, in or about the Year 1675, since which Time the Title and Honour of Lord Ochiltree has been dormant.

"That your Petitioner (as the lineal Male Descendant of Andrew the First Lord Castle Stewart, who was First Cousin to Sir James Stewart of Killeth, created Lord Ochiltree in 1615, with Descent to his Heirs Male, is the nearest Heir Male to the aforesaid Sir James Stewart Lord Ochiltree, and as such is entitled to possess and enjoy the said Honour, Title, and Dignity.

"Your Petitioner therefore most humbly prays, that Your Majesty will be graciously pleased to declare that the said Honour, Title, and Dignity of Lord Ochiltree of the Kingdom of Scotland, belongs of Right to Your Petitioner:

"And Your Petitioner shall ever pray.

"Whitehall,
13th April 1790."

"Castle Stewart."

"His Majesty being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"W. W. Grenville."

Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges, to consider thereof, and report their Opinion thereupon to the House.

Exchequer Loans Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety."

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 Monday next.

Exchequer further Loans Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety."

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 Monday next.

Expiring Laws Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue the several Laws therein mentioned relating to encouraging the Manufacture of Leather by lowering the Duty payable upon the Importation of Oak Bark, when the Price of such Bark shall exceed a certain Rate; to the prohibiting the Exportation of Tools and Utensils made use of in the Iron and Steel Manufactures of this Kingdom, and to prevent the seducing of Artificers and Workmen employed in those. Manufactures to go into Parts beyond the Seas; and to the ascertaining the Strength of Spirits by Clarke's Hydrometer."

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 Monday next.

Papists Deeds and Wills Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers."

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 Monday next.

Longitude Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Encouragement and Reward of Persons making certain Discoveries for finding the Longitude at Sea, or making other useful Discoveries and Improvements in Navigation, and for making Experiments relating thereto; and for adding a Commissioner to execute the several Acts for the Discovery of the Longitude at Sea."

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 Monday next.

Land Tax Commissioners Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for appointing Commissioners to put in Execution an Act of this Session of Parliament, 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 ninety;" together with those named in Two former Acts for appointing Commissioners of the Land Tax."

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. Holford and Mr. Montagu:

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

Road Enclosure Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing Part of a certain Common or Waste Land called Road Common, within the Manor of Road and Langham, in the Parishes of Road and North Bradley, in the Counties of Somerset and Wilts."

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

Ld. Privy Seal.
D. Leeds.
E. Doncaster.
E. Morton.
E. Galloway.
E. Selkirk.
E. Breadalbane.
E. Radnor.
E. Lonsdale.
E. Strange.
E. Mount Edgcumbe.
V. Stormont.
L. Bp. Bath & Wells.
L. Bp. Bangor.
L. Bp. Gloucester.
L. Cathcart.
L. Kinnaird.
L. Hay.
L. Middleton.
L. Scarsdale.

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

Dunmore et al. against Sir J. Colquhoun.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Robert Dunmore Esquire Merchant in Glasgow and others are Appellants, and Sir James Colquhoun of Luss Baronet is Respondent, et e contra:"

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.

Kinloch et al. against Craig, in Error.

Ordered, That the Judges do attend this House upon hearing the Errors argued, assigned upon the Writ of Error wherein George Farquhar Kinloch and others are Plaintiffs, and James Craig is Respondent.

Sinclair et al. against Sir R. Sutton:

Upon reading the Petition of James Sinclair Esquire and others Appellants in a Cause depending in this House, to which Sir Robert Sinclair Baronet is Respondent, which stands appointed for hearing, setting forth, "That the Appellants are advised to withdraw their said Appeal;" and therefore praying, "That their Lordships will be pleased to allow the said Appeal to be withdrawn without Costs, the Agent for the Respondent having signed the said Petition as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal without Costs, as desired.

Davidson against Sir W. Dunbar et al:

Upon reading the Petition of John Davidson Appellant in a Cause depending in this House to which Sir William Dunbar Baronet and others are Respondents, which stands appointed for hearing, setting forth, "That the Appellant is advised to withdraw his said Appeal;" and therefore praying, "That their Lordships will be pleased to allow the said Appeal to be withdrawn without Costs, the Agent for the Respondents having signed the said Petition as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal without Costs, as desired.

Sir R. Sinclair against Sutherland and Macdonald:

Upon reading the Petition of Sir Robert Sinclair Baronet, Appellant in a Cause depending in this House, to which John Sutherland and John Macdonald are Respondents, which stands appointed for hearing, setting forth, "That the Appellant is advised to withdraw his said Appeal;" and therefore praying, "That their Lordships will be pleased to allow the said Appeal to be withdrawn without Costs, the Agent for the Respondents having signed the said Petition as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal without Costs, as desired.

Adjourn.

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

DIE Lunæ, 19o Aprilis 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Bath. & Wells.
Epus. Exon.
Epus. Bangor.
Epus. Carliol.
Epus. Glocestr.
Ds. Thurlow, Cancellarius.
Dux Norfolk, Marescallus.
Dux Beaufort.
Dux Leeds.
Dux Portland.
Comes Doncaster.
Comes Abingdon.
Comes Morton.
Comes Galloway.
Comes Selkirk.
Comes Breadalbane.
Comes Stanhope.
Comes Radnor.
Comes Lonsdale.
Comes Mount Edgcumbe.
Comes Fortescue.
Viscount Stormont.
Viscount Courtenay.
Viscount Sydney.
Ds. Cathcart.
Ds. Elphinstone.
Ds. Kinnaird.
Ds. Hay.
Ds. Middleton.
Ds. King.
Ds. Amherst.
Ds. Loughborough.
Ds. Walsingham.
Ds. Sommers.
Ds. Delaval.

PRAYERS.

Sir W. Forbes et al. against Sir J. McPherson:

After hearing Counsel as well on Monday the 29th and Tuesday the 30th Days of March last, as on Friday last and this Day upon the Petition and Appeal of Sir William Forbes of Craigyvar Baronet, George Skene of Skene Esquire, Lieutenant General Robert Horn Elphinstone of Logie and others, real Freeholders of the County of Aberdeen; complaining of an Interlocutor of the Lords of Session in Scotland of the 10th of March 1789; and praying, "That the same might be reversed, amended, or varied, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem just;" as also, upon the Answer of Sir John Macpherson Baronet, late Governor General of Bengal, put in to the said Appeal, and due Consideration and Debate had of what was offered on either Side in this Cause:

Interlocutor reversed.

It is Ordered and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor complained of in the said Appeal be and the same is hereby reversed: And it is hereby further Ordered, That the Respondent do confess or deny the Averments in the Appellants Pleadings.

Edington Enclosure Bill.

The Lord Bishop of Bangor reported from the Lords Committees to whom the Bill, intituled, "An Act for draining, dividing, and enclosing certain Moors, Commons, or Waste Lands, called Edington, otherwise Burtle Moor, East Heath, West Heath, and Clyde Batch, within the Hamlet of Edington, and Parish of Moorlinch, in the County of Somerset," 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."

Biggleswade Road Bill.

The Lord Bishop of Bangor also reported from the Lords Committees, to whom the Bill, intituled, "An Act to continue the Term, and alter and enlarge the Powers of an Act of the Tenth Year of His present Majesty, for repairing the Road from Biggleswade, in the County of Bedford, through Bugden and Alconbury, to the Top of Alconbury Hill, and from Bugden to Huntingdon, and from Cross Hall to Great Stoughton Common, in the County of Huntingdon, and also the Road leading out of the aforesaid Road, at or near the Ferry House, in the Parish of Tempsford, to and through Little Barford, Eynesbury, and Saint Neots, to the Turnpike Road at the End of Cross Hall Lane," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

D. Norfolk's Petition referred to Judges.

Upon reading the Petition of the most Noble Charles Howard Duke of Norfolk, Earl Marshal and Hereditary Earl Marshal of England, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Thomson, to whom the Petition of the said Duke was referred on the 22d Day of February last, 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; and that the said Judges do make their Report on both the said Petitions at the same Time.

Exchequer Loans Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of Year One thousand seven hundred and ninety."

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Exchequer further Loans Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety."

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Expiring Laws Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to continue the several Laws therein mentioned, relating to encouraging the Manufacture of Leather, by lowering the Duty payable upon the Importation of Oak Bark, when the Price of such Bark shall exceed a certain Rate; to the prohibiting the Exportation of Tools and Utensils made use of in the Iron and Steel Manufactures of this Kingdom; and to prevent the seducing of Artificers and Workmen employed in those Manufactures, to go into Parts beyond the Seas, and to the ascertaining the Strength of Spirits by Clarke's Hydrometer."

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Papists Deeds and Wills Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers."

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Longitude Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for continuing the Encouragement and Reward of Persons making certain Discoveries for finding the Longitude at Sea, or making other useful Discoveries and Improvements in Navigation, and for making Experiments relating thereto, and for adding a Commissioner to execute the several Acts for the Discovery of the Longitude at Sea."

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Adjourn.

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

DIE Martis, 20o Aprilis 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Bangor.
Epus. Meneven.
Epus. Glocestr.
Ds. Thurlow, Cancellarius.
Dux Norfolk, Marescallus.
Dux Dorset, Senescallus.
Dux Beaufort.
Comes Doncaster.
Comes Shaftesbury.
Comes Radnor.
Comes Ailesbury.
Comes Lonsdale.
Comes Mount Edgcumbe.
Viscount Stormont.
Ds. Cathcart.
Ds. Amherst.
Ds. Loughborough.
Ds. Bagot.
Ds. Delaval.
Ds. Kenyon.

PRAYERS.

The King against Amery, in Error:

The Order of the Day being read for the further Consideration of the Writ of Error, wherein the King is Plaintiff, and Thomas Amery is Defendant; and for the Judges to deliver their Opinions upon the Questions of Law put to them on the 22d Day of February last; (videlicet)

1. "Whether the Matter of the Plea as the same stands admitted or found by the Verdict, be sufficient to support the Defendant's Title to the Office of Alderman in Question?"

2. "Whether the Matter of the Replications as the same stands admitted or found by the Verdict, be sufficient to avoid such Title.?"

Judges Opinion delivered:

The Lord Chief Baron of the Court of Exchequer delivered the unanimous Opinion of the Judges present, upon the said Questions, in the Affirmative; and gave his Reasons.

Whereupon, the following Order and Judgement was made:

"Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this House the 5th Day of May 1789, wherein the King is Plaintiff, and Thomas Amery Defendant, in order to reverse a Judgement given in the Court of King's Bench for the said Defendant; and Counsel having been heard as well on Friday the 5th, Tuesday the 9th, Thursday the 11th, Monday the 15th, Friday the 19th, as Monday the 22d Days of February last, to argue the Errors assigned upon the said Writ of Error, and hearing the unanimous Opinion of the Judges upon Two Questions of Law to them proposed, and due Consideration had of what was offered on either Side in this Cause:"

Judgement reversed.

It is Ordered and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement of the Court of King's Bench be and the same is hereby reversed; and that Judgement be entered for the King.

The Tenor of which Judgement to be affixed to the Transcript of the Record is as follows; (videlicet)

"Whereupon all and singular the Premises being seen, and by the Court of Our said Lord the King in His Parliament fully understood, it is considered by the said Court of our said Lord the King in his Parliament here, that the said Judgement given for the said Thomas Amery in the Court of Our said Lord the King before the King Himself, be reversed, and that the said Thomas Amery in no wife intermeddle with or in the Office, Liberties, Privileges, and Franchises aforesaid, or any of them, but that he be from henceforth wholly forejudged and excluded from exercising or using the same and every of them; and that the said Thomas Amery be taken to satisfy Our said Lord the King for the Usurpation aforesaid; and that the Record hereof be remitted to the said Court of Our said Lord the King before the King Himself, wheresoever, &c. to the End that Execution may be done thereon, &c."

Writs of Error delivered:

The Lord Kenyon, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table Two Writs of Error,

Lickbarrow and Wright against Mason et al.

In the First of which,
William Nowell Lickbarrow and Ralph Wright are Plaintiffs;
and
Edward Mason and others are Defendants:

Howell against Hodgson et al.

And in the other,
George Howell is Plaintiff;
and
John Hodgson and others are Defendants.

Judges Reports on Private Bills, Time for receiving, enlarged.

Ordered, That the Time for receiving Reports from the Judges upon Petitions referred to them for Private Bills, be enlarged to Tuesday the 4th Day of May next.

Harby Enclosure Bill.

The Lord Bishop of Bangor reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, Pastures, and other Commonable Lands and Waste Grounds, within the Parish of Harby, 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."

Dormstone Enclosure Bill.

The Lord Bishop of Bangor made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open Common Fields and other Commonable Lands, within the Parish of Dormstone, in the County of Worcester," was committed.

Moniton Paving Bill.

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

With a Bill, intituled, "An Act for paving and otherwise improving the Town of Honiton, in the County of Devon;" to which they desire the Concurrence of this House.

Bradford Water Bill.

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

With a Bill, intituled, "An Act for preserving the Works made for supplying the Town of Bradford, in the County of York, and Part of the Township of Horton, in the Parish of Bradford aforesaid, with Water; for the more easy Recovery of the Rents for the said Water, and to enable the Proprietors thereof to borrow Money for the improving such Works;" to which they desire the Concurrence of this House.

Forth and Clyde navigation Bill.

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

With a Bill, intituled, "An Act for forming a Junction between the Forth and Clyde Navigation, and the Monklahd Navigation; and for altering, enlarging, and explaining several former Acts passed for making and maintaining the said Navigations; to which they desire the Concurrence of this House.

Trustees of Mayes's Charity, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Carill Worsley and John Markland, Trustees of certain Lands in Manchester, called Mayes' Charity Lands, praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Trustees of certain Charity Lands belonging to the Poor of the Town of Manchester, in the County Palatine of Lancaster, to grant Building Leases thereof, and for other Purposes therein mentioned."

D. Newcastle, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the most Noble Henry Duke of Newcastle, praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for empowering the Trustees of the most Noble Henry Duke of Newcastle, to lay out Part of his settled Money in the Purchase of a Leasehold Manor, Messuages, Farms, Lands, Tythes, Tenements, and Hereditaments, lying intermixed or convenient to be enjoyed with his settled Estates in the Counties of Nottingham and York, upon the like Trusts and with the like Powers as his said Estates now stand settled upon, or are subject or liable to."

Colhoun and King's College, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of William Colhoun of East Wrotham in the County of Norfolk Esquire, and Grace his Wife, and of the Provost and Scholars of the King's College of Blessed Mary and Saint Nicholas of Cambridge praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to effectuate and establish an Exchange between William Colhoun Esquire, and the Provost and Scholars of the King's College of Blessed Mary and Saint Nicholas of Cambridge, of the Advowson and Right of Patronage of and to the Rectory of Hepworth, in the County of Suffolk, and certain Pieces of Land and Hereditaments in Hepworth aforesaid, for the Advowson and Right of Patronage of and to the Rectory of West Wretham, in the County of Norfolk."

Colhoun and Eton College, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of William Colhoun of East Wretham, in the County of Norfolk Esquire, and Grace his Wife, and of the Provost and College of Eton, in the County of Bucks, praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to effectuate and establish an Exchange between William Colhoun Esquire with the Provost and College of Eton, of the Advowson and Right of Patronage of and to the consolidated or united Rectories of Creeting All Saints and Creeting Saint Olaves, in the County of Suffolk, for the Advowson and Right of Patronage of and to the Rectory of East Wretham, in the County of Norfolk."

Templer, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Reverend John Templer of Lindridge, in the County of Devon Clerk, praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for exchanging the settled Estate of the Reverend John Templer, in the County of Kent, for another Estate of greater Value in the County of Devon, to be settled in lieu thereof."

White, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Reverend Doctor Stephen White, on Behalf of himself and his Infant Children, praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the settled Estates of the Reverend Stephen White, Doctor of Laws, in London, Middlesex, Surrey, and Hertfordshire, in Trustees to be sold, and for laying out the Purchase Money in other Estates, to be settled to the same Uses, and for enabling the Trustees in the mean Time to grant Building and Repairing Leases."

Trustees of Booth's Charity, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of James Massey and others, Trustees for the Time being, of certain Lands in Salford, given by Humphrey Booth Gentleman, deceased, praying Leave to bring in a Private Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Trustees of certain Lands given by Humphrey Booth, formerly of Salford, in the County of Lancaster, Gentleman, for the Repairs of the Chapel of Salford aforesaid, and the Overplus to the Poor of the same Place, to grant Building Leases of such Lands, and for other the Purposes therein mentioned."

D. Bolton et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Most Noble Harry Duke of Bolton, for and on Behalf of himself and others, praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Manor of Fisherton Delamere, otherwise Fisherton Delamore, and other Hereditaments in the County of Wilts, devised by the Will of the most Noble Charles, formerly Duke of Bolton, with the Appurtenances, in Trustees, discharged of the Uses and Trusts of the said Will, for the Purpose of more effectually carrying into Execution certain Decrees or Decretal Orders of the Court of Chancery for the Sale of the said Estates."

Laurie, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Mrs. Margaret Laurie, of Redcastle, praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for settling and securing the Lands of Quintinespie Kirklands and others, and the Teinds, Parsonage, and Vicarage of the Lands of Redcastle and others, lying in the Stewartry of Kirkcudbright, to and in favour of Mrs. Margaret Laurie, of Redcastle, Widow of the deceased Andrew Laurie Esquire, of Redcastle, and the same Series of Heirs in Fee Tail, and under the same Conditions and Limitations as are mentioned and contained in Two Deeds of Entail, made in the Years One thousand seven hundred and twenty-seven and One thousand seven hundred and thirty-three, by Mr. Walter Laurie, of Redcastle, and for vesting in the aforesaid Mrs. Margaret Laurie, and her Heirs and Assigns, in Fee Simple, the Lands of Mool and Cairn and others, in the County of Wigton."

Estcourt's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting certain Parts of the settled Estates of Thomas Estcourt Esquire, in the Counties of Gloucester and Wilts, in Trustees to be sold and exchanged, and for laying out Part of the Money arising by Sale, in other Estates, to be settled to the same Uses, and for applying the Residue in Discharge of Incumbrances."

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

D. Norfolk.
Ld. Steward.
D. Beaufort.
E. Doncaster.
E. Shaftesbury.
E. Radnor.
E. Ailesbury.
E. Lonsdale.
E. Mount Edgcumbe.
V. Stormont.
L. Bp. Bangor.
L. Bp. St. David's.
L. Bp. Gloucester.
L. Cathcart.
L. Amherst.
L. Loughborough.
L. Delaval.
L. Kenyon.

Their Lordships, or any Five of them, to meet on Wednesday the 5th Day of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Sir J. Riddell's Estate Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Sir John Riddell Baronet, to use the Surname and Arms of Buchanan, pursuant to the Will of Archibald Buchanan Esquire, deceased, and for vesting certain Estates in the Counties of Bedford and Bucks, devised by the said Will, to the Uses therein mentioned, in Trustees, to sell the same, for discharging Incumbrances thereon, and to lay out the Residue of the Money arising by such Sale, in the Purchase of Lands, to be settled to the same Uses, and for other Purposes."

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

Their Lordships, or any Five of them, to meet on Thursday the 6th Day of May next, at the usual Time and Place; and to adjourn as they please.

Exchequer Loans Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety."

After some Time, the House was resumed:

And the Lord Cathcart reported from the Commit tee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Exchequer further Loans Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety."

After some Time, the House was resumed:

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

Expiring Laws Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue the several Laws therein mentioned, relating to encouraging the Manufacture of Leather by lowering the Duty payable upon the Importation of Oak Bark, when the Price of such Bark shall exceed a certain Rate; to the prohibiting the Exportation of Tools and Utensils made use of in the Iron and Steel Manufactures of this Kingdom; and to prevent the seducing of Artificers and Workmen employed in those Manufactures to go into Parts beyond the Seas; and to the ascertaining the Strength of Spirits by Clarke's Hydrometer."

After some Time, the House was resumed:

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

Papists Deeds and Wills Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers."

After some Time, the House was resumed:

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

Longitude Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Encouragement and Reward of Persons making certain Discoveries for finding the Longitude at Sea, or making other useful Discoveries and Improvements in Navigation, and for making Experiments relating thereto, and for adding a Commissioner to execute the several Acts for the Discovery of the Longitude at Sea."

After some Time, the House was resumed:

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

Adjourn.

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