Journals of the House of Lords. Hodie 2 vice lecta eft Billa, intituled, " An A& for &c.Enclofure" enclofing Lands in the feveral Parishes of Llanfadwrn, "Llandilovawr, and Cayo, in the County of Car "marthen. Bill. Queensferry Cheltenham Road Bill. Marquis of Eftate Bill. ORDERED, That the faid Bill be committed to the Their Lordships, or any Five of them, to meet on Hodie 2a vice lecta eft Billa, intituled, "An A&t for more ORDERED, That the faid Bill be committed to the ૮ 66 Their Lordships, or any Five of them, to meet on Hodie 2 vice lecta eft Billa, intituled, " An Act for ORDERED, That the faid Bill be committed to the Their Lordships, or any Five of them, to meet on Hodie 2 vice lecta eft Billa, intituled, " An Act for Tweeddale's "felling the Lands and Estates of Appine, fituated in the "County of Argyle, and a Salmon Fishing, fituated in "the County of Inverness, which were comprized in a *Deed of Entail made by George late Marquis of "Tweeddale, and the Trustees appointed by George, "fome time Marquis of Tweeddale, deceased; and for "investing the Money arifing by fuch Sale in the Pur"chase of other Lands, to be fettled and fecured to the "fame Series of Heirs, and under the fame Conditions " and Limitations as are contained in the aforesaid Deed " of Entail:" Hodie 2 vice lecta eft Billa, intituled, "An Act for ORDERED, That the faid Bill be committed to the Their Lordships, or any Five of them, to meet on Upon reading the Petition of Farrer Grove Spurgeon Farrer of Cold Brayfield, in the County of Buckingham, Judges Re. Efquire, and John Grove Spurgeon of Lowestoff, in the County of Suffolk, Clerk, and Ann his Wife; fetting forth, "That the Petitioners prefented a Petition to "this House on the Twenty-eighth Day of February last, praying Leave to bring in a Bill for the Purposes VOL. XLVII. "therein mentioned, which Petition their Lordships port thereon: That on the 15th Day of March last, "the Judges Reports: That the faid Lord Chief Juf- 149 Bill: port of the Judges, to whom was referred the Petition of Leave for a therein mentioned: Bill, pursuant to the faid Petition and Report. Hodie 1 vice lecta eft Billa, intituled, "An A& for receive Judges Re port : Upon reading the Petition of the Company of Ar- Brafiers Co mourers and Brafiers in the City of London ; fetting forth, Petition, to "That on the 17th Day of February now last past, a "Petition was prefented to their Lordships by the Peti"tioners, humbly praying their Lordships, that the Pe"titioners might have Leave to bring in a Bill for en"abling them to carry a Contract entered into by the "Petitioners with the Governor and Company of the "Bank of England, and recited in their faid Petition, "into Execution: That on the faid 17th Day of February "laft, it was ordered by their Lordships, that the Con"fideration of the faid Petition fhould be referred to the "Lord Chief Baron of the Exchequer, and Mr. Baron "Wood: That the Petitioners ufed all due Diligence in Brafiers Co. Leave for a Bill: Bill read. Wharton's et al. Petition to receive Judges Report: Wharton et a Bill: It is ORDERED, That the faid Report be now received. Accordingly, After reading and confidering the Report of the Judges, to whom was referred the Petition of the Company of Armourers and Brafiers in the City of Londen, 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 faid Petition and Report. Hodie Ivice lecta eft Billa, intituled, "An Act to "enable the Company of Armourers and Brafiers in "the City of London, to fell and convey to the Gover"nor and Company of the Bank of England, feveral "Lands and Tenements in the Parish of Saint Olave Jewry, London, formerly of Dame Elizabeth Morrys, "difcharged from the Trufts for charitable Purposes "affecting the fame, by virtue of the Will of the faid "Dame Elizabeth Morrys, and to fubject other Lands " and Tenements of the faid Company of Armorers and "Brafiers, to the like Trufts." 66 66 "Shares and Proportions of the Charges and Expences "incident to and attending the obtaining this Act, and "carrying the fame into Execution, and of making "Boundary and Subdivifion Fences on the Lands to "be allotted to them, in lieu of their feveral Lands "and Rights held for one or more Life or Lives; be it "therefore enacted, That it fhall and may be lawful to and for all and every or any of fuch Tenants for one or more Life or Lives, from Time to Time to "borrow upon and charge the Lands and Grounds "which fhall be fet out and allotted to him, her, or "them respectively, in lieu of Lands held by them refpectively for Life or Lives, by virtue of this Act, " with fuch Sum or Sums of Money as the faid Com"miffioners fhall judge neceffary for the Purposes "aforefaid, fo that the fame fhall not exceed the Sum " of Five Pounds [for each Acre thereof; and for fe"curing the Re-payment of fuch Money, with Interest "for the fame, to mortgage, furrender, or otherwise fubject, the Lands fo to be charged to fuch Perfon or Perfons as shall advance and lend the fame refpectively, his, her, or their Heirs, Executors, Administrators, or Affigns, for any Term or Number of Years not "exceeding Five hundred Years, fo that every fuch Mortgage or Surrender be made with a Provifo to ceafe and be void, or with an exprefs Condition to "be furrendered when fuch Sum or Sums of Money "thereby to be fecured, with the Intereit thereof, shall "be fully paid and fatisfied; and so that every fuch "Mortgage or Surrender be made with a Covenant or "Condition, that fuch Tenant for Life or Lives fhall, at the End of every Year, after the making of fuch Mortgage or Surrender, pay to the Perfon or Perfons "to whom fuch Mortgage or Surrender fhall be made, "his, her, or their Executors, Administrators, or "Affigns, One-twentieth Part of the Principal Money "fo to be borrowed for the Purposes aforefaid, until "the Whole thereof fhall be paid off and difcharged; "and also pay and keep down the Intereft of the faid "Money fo to be borrowed, by quarterly Payments, "fo that no Perfon or Perfons afterwards becoming "poffeffed of fuch Leafehold Lands fhall be fubject or "liable to pay any further or larger Share of fuch Princicipal Money, than his or her Proportion thereof, "according to fuch laft-mentioned Condition; por any "further or larger Arrear of Interest, than for Three "Calendar Months next preceding the Time when the "Title to fuch Poffeffion fhall have commenced." 66 Upon reading the Petition of John Wharton Efquire, and Sufan Mary Ann his Wife, and others; fetting" forth, That the Petitioners prefented a Petition to this "House on the Twenty-eighth Day of February laft "pait, praying Leave to bring in a Private Bill, for the "Purposes therein mentioned; which Petition, their "Lordfhips were pleafed to refer to the Confideration "of the Lord Chief Baron of the Court of Exchequer, "and Mr. Justice Heath; that, on applying for an Ap"pointment to attend the faid Judges upon the faid Bill, it was found, that they were gone, or going upon their refpective Circuits, in confequence of "which, they could not receive the Petitioners until "their return to Town; and the faid Judges have now gone through the faid Bill, and have figned the fame, together with their Report thereupon; and therefore "praying their Lordships, That the faid Report may be "now received:" It is ORDERED, That the faid Report be now received. Accordingly, After reading and confidering the Real. Leave for port of the Judges, to whom was referred the Petition of John Wharton Efquire, and Sufan Mary Ann his Wife, and others, praying Leave to bring in a Private Bill, for the Purposes therein mentioned: The Lord Walfingham reported from the Lords Committees, to whom the Bill, intituled, " An Act for "enclofing Lands in the Parish of Rotherfthorpe, in the "County of Northampton," was committed: "That they "had confidered the faid Bill, and examined the Alle"gations thereof, which were found to be true; that "the Parties concerned had given their Confents, to the "Satisfaction of the Committee; and that the Com"mittee had gone through the Bill, and made one "Amendment thereto." Which Amendment was read by the Clerk, as follows; (videlicet) Pr. 31. L. ult." After (" appoint") "infert Claufe (A.) Claufe (A.)" And whereas the feveral Leffees or "Tenants for Life or Lives of and under the faid "Mafter and Co-brethren of the House and Hospital "of Saint John Baptift, in the Town of Northampton. "aforefaid, may have Occafion to borrow Money for "the Purposes of paying and defraying their refpective 66 And the said Amendment, being read a Second Time, was agreed to by the House. The Lord Walfingham reported from the Lords Com- Llandovery mittees, to whom the Bill, intituled, " An Act for enlarg- Roads Bill. ing the Term and Powers of feveral Acts of His late and prefent Majesty, for repairing the Road from Wakefield "to Halifax, in the Weft Riding of the County of York, was committed: "That they had confidered the faid "Bill, and examined the Allegations thereof, which "were found to be true; and that the Committee had gone through the Bill, and made fome Amendments "thereto." 66 Which Amendments were read by the Clerk, as follow; (videlicet) "In the Title of the Bill; " L. 2. & 3. "Leave out (" feveral Acts") and "infert ("an Act") " and in Line 3. leave out (late "and") "L. 4. Leave out ("from repairing") to the End of the "Title, and infert (" feveral Roads in the Counties of "Carmarthen and Cardigan, fo far as relates to the "Llandovery District, and for amending certain other "Roads communicating therewith")." And the faid Amendments, being read a Second Time, were agreed to by the House. The Lord Walfingham reported from the Lords Com. Wakefield mittees, to whom the Bill, intituled, " An A&t for en- Road Bill. "larging the Term and Powers of an Act of His present Proceedings of Commiffioners of Public Re cords as re-1 lates to Scot land, ordered. Greene againft Welton, in Error. Rafhleigh to enter into Recogni zance on Meade's Appeal. Portsmouth, &c. Ord nance Lands Bill. Further Proceedings of Commiffioners on Public Records as relates to Scotland, delivered. Majefty, for repairing feveral Roads in the Counties "of Carmarthen and Cardigan, fo far as relates to "the Llandovery Diftrict; and for amending certain "other Roads communicating therewith," was committed: "That they had confidered the faid Bill, "and examined the Allegations thereof, which were "found to be true; and that the Committee had gone through the Bill, and made fome Amendments "thereto :" 66 Which Amendments were read by the Clerk, as follow; (videlicet) "In the Title of the Bill; "L. 2. Leave out (" an A&t") and infert (" feveral "Acts"); and in the fame Line, after (" His") infert ("late and ") L. 3. Leave out from (" repairing") to the End of "the Title, and infert ("the Road from Wakefield to Halifax, in the West Riding of the County of “ York ")." And the said Amendments, being read a Second Time, ORDERED, That the proper Officer do lay before this "An Account of the Proceedings of the Commiffion. ers of Public Records, fo far as relates to Scotland, fince the Date of their laft Return thereof to this "House." The House being moved, "That a Day may be ap. It is ORDERED, That this Houfe will hear the faid The House being moved, "That Jonathan Rafhleigh It is ORDERED, That the faid Jonathan Rafhleigh may enter into a Recognizance for the faid Appellant, as defired. The House being informed, "That Mr. Caley, Secre"tary to the Commiffioners on Public Records, at"tended;" He was called in; and delivered at the Bar, pursuant to an Order of this Day, "Further Proceedings of the Commiffioners for the "Arrangement and Preservation of the Public Records "of the Kingdom, 1808-1809, fo far as relates to "Scotland." And then he withdrew. And the Title thereof, being read by the Clerk; ORDERED, That the faid Proceedings be printed. Dux Norfolk, Maref- Comes Effex. Comes Aboyne. Ds. Clifton. Ds. Napier. Ds. Walfingham. Ds. Auckland. Ds. Carysfort. Ds. Redefdale. Ds. Ellenborough. Comes Buckingham- Ds. Arden. fire. Comes Liverpool. Comes Grey. Viscount Sidmouth. Bill: Hodie 3 vice lecta eft Billa, intituled, "An Act for Portsmouth, making Compenfation to the Proprietors of fuch Lands &c. Ord"and Hereditaments as have been purchased for better nance Lands "fecuring His Majefty's Docks, Ships, and Stores at "Portsmouth, and for extending the Lines and Works at Dover, in purfuance of an Act made in the Forty"fixth Year of His prefent Majefty." The Question was put, "Whether this Bill shall It was refolved in the Affirmative. Hodie 3 vice lecta eft Billa, intituled, " An A&t for Llandovery The Question was put, "Whether this Bill, with It was refolved in the Affirmative. And Meffages were, feverally, fent to the Houfe of Meffages to Commons, by the former Meffengers: Sherringham Cudworth, With a Bill, intituled, " An Act for better regulating The faid Bill was read the First Time. A. " I did, at the fame Time." Q. Do you know Mrs. Powlett?" Q." Have you a Copy of the Register of the Marriage of Thomas Norton Powlett and Letitia Mary "Percival?" A Meffage was brought from the House of Commons," by Mr. Wharton and others: દ With a Bill, intituled, " An Act to continue the Term "and enlarge the Powers of Three Acts paffed in the "Fourth Year of His late Majefty, and the Sixth and "Twenty-fixth Years of His prefent Majefty, for repair ing the Road from Godstone, in the County of Surrey, to Highgate, in the Parish of East Grinstead, in the "County of Suffex;" to which they defire the Concurrence of this House. A Meffage was brought from the House of Commons, by Mr. Wharton and others: With a Bill, intituled, " An Act to enlarge the Term "and Powers of feveral Acts for repairing the Road leading from Galley Corner, adjoining to Enfield Chafe, "in the Parish of South Mims, in the County of Middlefex, to Lemsford Mill, in the County of Hertford;' to which they defire the Concurrence of this House. A Meffage was brought from the House of Commons, by Sir John Saunders Sebright and others : With a Bill, intituled, "An Act for enclofing Lands "in the Parish of Sherringham, in the County of Norfolk;" to which they defire the Concurrence of this House. A. "I have; I examined it with the Book of Registries The fame was produced, and read as follows: "No. 284. Thomas Norton Powlett of the Parish of Twyford, in the County of Hants, Efquire, Bachelor, "and Letitia Mary Percival Spinster, were married in "this Church, by Banns, this First Day of September, in "the Year One thousand feven hundred and ninety"eight. "By me, "Wm. Leigh, Clerk." "This Marriage was folem- 5 Thomas Norton Powlett." "nized between us "In the Presence of Q. "Are you the profeffional Gentleman of Business A. "I am not; Mr. Curry was; I am his Agent." The Witnefs was directed to withdraw. A Meffage was brought from the House of Commons, being fworn, was examined, as follows: With a Bill, intituled, "An Act for enclosing Lands The faid Four Bills were, feverally, read the First The Order of the Day being read for the Second Divorce Bill. Reading of the Bill, intituled, "An Act to diffolve the "Marriage of Thomas Norton Powlett the younger, Efquire, with Letitia Mary his now Wife, and to en"able him to marry again, and for other Purposes "therein mentioned ;" and for hearing Counsel for and against the fame; and for the Lords to be fummoned; Counsel were accordingly called in: And Mr. Serjeant Lens and Mr. Burroughs appearing as Counsel for the Petitioner, and no Counsel appearing for Mrs. Powlett, Mr. Serjeant Lens was heard to open the Allegations of the Bill: Then Mr. Thomas Lys was called in; and, being fworn, was examined as follows: Q. "Have you served the Order of this Houfe upon "Mrs. Powlett ?" A. Yes; they were paid to me by Mr. Lowton, Powlett ?" "Lord Sackville's Solicitor." Q." "What have you done with the Money?" A. "I paid it into Colonel Powlett's Banker's "Hands." Q. "Was there any Agreement to pay the Money "back again?" A. "None." Q." "Do you recollect, in any Part of that Summer, "Mr. Powlett having a House in London ?" A. "Yes; No. 38, Park Place." Q. Do you remember in what Month Mr. and "Mrs. Powlett came to refide there?" A. "To the beft of my Recollection in June." Q. How long did they continue to occupy that "House?" A. "About Three or Four Months." Q. "Did Lord Sackville come frequently to that "House?" A. "Yes." Q." Was Mrs. Powlett in her Carriage at that "Time." A. "Yes; and Lord Sackville was in his Curricle." Q." Relate what you heard Lord Sackville fay ?" A. "This was on Sunday, and Lord Sackville faid "he would call on her on the Monday. She told him "not to call on Monday, but to call on Tuesday; that "then the Colonel would be out; he would be gone "into the Country." Q. "Is that all that paffed at that Time?" Q." Does your Memory ferve you to fay, whether "in confequence of that, Lord Sackville did come on "the Tuesday?" A. "Yes; I recollect perfectly that he did come on "Tuesday." Q." Did he come on the Monday?" A. "No, he came on the Tuesday, according to Mrs. "Powlett's Wifh." Q." You faid before you had no particular Direc❝tion from Mrs. Powlett, as to other Perfons being "admitted, if they called at the Time while Lord Sack"ville was there?" A." Her Orders were, that if other Perfons called "when Lord Sackville was there, thofe Persons were "not to be admitted; Mrs. Powlett was denied." Q. "When other Perfons called, and Lord Sackville was there, did refuse those Perfons Admittance in you "confequence of thofe Orders ?" A. "Yes." Q. "Do you recollect that happening frequently ?" A." Yes; if anybody called at thofe Times." Q. "Can you recollect what Number of Months the Family remained in Town?" A. "Near Four Months, I think." (Question by the Lords.) "this Service?" 66 "How long did live in A. "Near Three Months." you A. "I never mentioned them at all, but only below "Stairs, among my Fellow Servants.” Q. How was it first found out, that you knew of "these Circumstances ?" A. "I did not know till it was mentioned to me "from certain People." Q." From whom?" A. "That Lord Sackville called there, and was ac"quainted with Mrs. Powlett." Q." Did you let thefe Things go on all the Time you was in the Service, without telling your Mafter of " it?" 66 A. "I did not know any Thing of it; I had no Idea ❝of any fuch Thing." The Witness was directed to withdraw. |