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ockten Ex

fure Bill

Lincoln Judges Lodgings Bill.

Stafford and

"Society of Port Glasgow, is by fuch her Poverty un-
"able to anfwer to the faid Appeal, unless she is by their
"Lordfhips ordered to be admitted fo to do in forma
"Pauperis; and therefore praying, their Lordfhips will
"be pleafed to order her to be admitted to answer the
"faid Appeal in forma Pauperis, and to affign her for
"her Counfel the Lord Advocate for Scotland, and
"Francis Lewis Clafon Efquire, and James Dobie and
"John Thomas for her Solicitors :"

It is ORDERED, That the Petitioner be admitted to
defend the faid Appeal in formá Pauperis, and that the
Lord Advocate of Scotland, and Francis Lewis Clafon
Efquire, be affigned her Counfel, and James Dobie and
John Thomas her Solicitors, as defired.

Jerningham Baronet to His Majefty, claiming the Two
Baronies of Stafford, with His Majefty's Reference thereof
to this Houfe, and the Report of His Majefty's Attorney
General thereunto annexed, which stands appointed for
To-morrow, be put off to Thursday next; and that
Notice thereof be given to His Majefty's Attorney
General.

Dominus Cancellarius declaravit præfens Parliamen- Adjourn. tum continuandum effe ufque ad et in diem Martis, Aurora, Dominis fic decernentibus. decimum fextum diem inftantis Maii, horâ undecimâ

D

IE Martis, 16° Maii 1809.

Archiep. Cantuar.

fuerunt.
Ds. Eldon, Cancella-
rius.

The Lord Walfingham reported from the Lords Com-
mittees, to whom the Bill, intituled, "An Act to enable
"the Juftices of the Peace for the several Parts of Lind-
"fey, Kefteven, and Holland, conftituting the Three Domini tam Spirituales quam Temporales præfentes
"Divifions of the County of Lincoln, to provide a con-
"venient Houfe, with fuitable Accommodations, for
"His Majefty's Judges at the Aflizes for the faid
County,' was committed: "That they had con-
"fidered the faid 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 fame to the Houfe, without any
"Amendment."

The Lord Walfingham made the like Report from the
Chefter Roads Lords Committees, to whom the Bill, intituled, " An
(3d District)
"Act for continuing the Term, and enlarging the
Bill.
"Powers of Two Acts of His prefent Majefty, for

Wye Towing
Path Bill.

Portbury Enclofure Bill.

Mordiford
Enclosure

Bill.

Clyde Navigation Bill.

Stafford

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amending the Road from the End of the County of "Stafford to the City of Chester, and from Northwich to. "Tarvin, in the County of Chefer, and other Roads "in the faid Acts mentioned, fo far as refpects the Third "District of the faid Roads," was committed.

The Lord Walfingham made the like Report from the Lords Committees, to whom the Bill, intituled, "An "Act for amending feveral Acts for making navigable "the Rivers Wye and Lugg, in the County of Hereford, "and for making a Horse Towing Path on certain Parts "of the Banks of the faid River Wye," was committed.

The Lord Walfingham reported from the Lords Committees, to whom the Bill, intituled, " An Act to explain ❝and amend an Act, paffed in the Thirty-eighth Year "of His Majefty, for enclofing Lands in the Manor and "Parish of Portbury, in the County of Somerfet," was committed: "That they had confidered the faid 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 Com"mittee; and that the Committee had gone through "the Bill, and directed him to report the fame to the House, without any Amendment.'

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The Lord Walfingham made the like Report from the
Lords Committees, to whom the Bill, intituled,
"A&t for enclofing Lands in and adjoining or near to
"the Parish of Mordiford, in the County of Hereford,"

was committed.

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Epus. Bangor.
Epus. Roffen.

PRAYERS.

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Ds. De Clifford.
Ds. Walfingham.
Ds. Bulkeley.
Ds. Upper Offory.
Ds. Hood of Cather-
ington.

· Ds. Harewood.
Ds. Carrington.
Ds. Bolton.

Ds. Lilford.
Ds. St. Helens.
Ds. Keith.

Ds. Redefdale.
Ds. Ellenborough.
Ds. Arden.

Ds. Ailfa.

The Answer of William Elliott, to the Appeal of James Hamilton Maxwell Hamilton, of the City of Dublin, Gentleman, was it. againft Elliott. this Day brought in.

The Order of the Day being read for hearing Counsel to argue the Errors affigned upon the Writ of Error, wherein John Harriott Hart and Henry White are Plaintiffs, and the King is Defendant; and for the Judges to attend:

Counsel were accordingly called in:

And the Counfel for the Plaintiffs having been heard, as alfo one Counsel for the Defendant';

The Counsel were directed to withdraw.
ORDERED, That the further Hearing of the faid
Caufe, be put off to Thurfday next, and that Counsel be
called in at Two o'Clock; and that the Judges do then,
attend.

The Earl of Aboyne reported from the Lords Com-
mittees, to whom the Bill, intituled, "An Act for
"explaining and amending Two Acts, for improving
"the Navigation of the River Clyde to the City of
Glafgow," was committed: "That they had con-
"fidered the faid 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 fame to the House, without any
"Amendment."
ORDERED, That the faid Bill be read the Third Time Ann his Wife, late Ann Hill Widow, were Plaintiffs; and
on Thursday next.

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ORDERED, That the Sitting of the Committee for Peerage de Privileges, to whom is referred the Petition of Sir William

ferred.

Hart and
White against
the King, in
Error.

Ux.:

This Day being appointed for hearing the Caufe upon Baseley
the Appeal of Thomas Bafeley and Sarah his Wife, and et al. against
Charles Henry Bafeley, Sophia Ann Sufan Bafeley and Huguenin et
Walter James Bafeiey, Infants, by the faid Thomas Bafeley
their Father and next Friend; complaining of a Decree of
the Court of Chancery, of the 23d Day of November 1807,
made in a certain Caufe, wherein Henry Huguenin and

Thomas Bafeley and Sarah his Wife, and Charles Henry
Bafeley, Sophia Ann Sufan Bafeley, and Walter James Bafeley,
Infants, by the faid Thomas Bafeley their Father and next
Friend; James Buck, George Buck, and William Taylor,

were

Decree

affirmed with Cofts.

Horftman's Naturaliza tion Bill:

Weftin's Naturalization Bill:

Meffages to H. C. with the Two preceding Bills.

Lincoln
Judges

Lodgings
Bill:

Mordiford Enclosure Bill:

Portbury Enclosure Bill:

Stafford and

Bill:

were Defendants; and praying, "That the fame might be "reverfed, and the Complainants Bill difmiffed, or fuch "other Order made in the Premifes, as to this House, in "their Lordships great Wisdom, fhould feem meet :" To which Appeal Henry Huguenin and Ann his Wife, late Ann Hill Widow, are Refpondents:

Counsel appeared for the faid Refpondents, but none appearing for the Appellants; and the Refpondents Counsel having prayed an Affirmance of the faid Decree complained of, with Costs;

The Counsel was directed to withdraw. ORDERED and ADJUDGED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Petition and Appeal be, and is hereby difmiffed this House; and that the faid Decrce therein complained of be, and the fame is hereby affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid to the said Refpondents, the Sum of Fifty Pounds for their Cofts, in respect of the said Appeal.

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And Meffages were, feverally, fent to the Houfe of Meffages to Commons, by the former Messengers:

H. C. that the Lords

To acquaint them, That the Lords have agreed to the have agreed

Hodie 3' vice lecta eft Billa, intituled, "An Act for faid Bills, without any Amendment. naturalizing John Horftman."

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"Whether this Bill fhall

It was refolved in the Affirmative.

Hodie 3 vice lecta eft Billa, intituled, " An Act for "naturalizing Gustavus Weftin."

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

It was refolved in the Affirmative.

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Hodie 3 vice lecta eft Billa, intituled, " An Act for Chester Roads continuing the Term and enlarging the Powers of (d District) "Two Acts of His present Majefty, for amending the "Road from the End of the County of Stafford o the City of Chester, and from Northwich to Tarvin, in the "County of Chefter, and other Roads in the faid Acts "mentioned, fo far as refpects the Third District of "the faid Roads."

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to the Six preceding Bills.

Hodie 3a vice lecta eft Billa, intituled, " An Act for Kinfale "regulating the Police of the Town and Liberties of Police Bill: Kinfale, and for the Regulation and Improvement of "the Port and Harbour of the faid Town, and of the "Fisheries thereof, and for other Purposes therein men"tioned."

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The Question was put, "Whether this Bill, with "the Amendments, fhall pafs ?"

It was refolved in the Affirmative.

Hodie 3a vice lecta eft Billa, intituled, "An Act for Long Witallotting Lands in the Manor and Parish of Long Wit- tenham En"tenham, in the County of Berks."

"Whether this Bill, with
The Queftion was put,
"the Amendments, fhall pafs ?"

It was refolved in the Affirmative.

clofure Bill:

Hodie 3 vice lecta eft Billa, intituled, " An Act for Marfworth 3vice "enclofing Lands in the Parish of Marfworth, in the Enclosure County of Buckingham."

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

It was refolved in the Affirmative.

Bill:

Bill:

Hodie 3a vice lecta eft Billa, intituled, " An Act for Kent and "continuing, explaining, and amending an A&t paffed Surrey Roads "in the Forty-fecond Year of His prefent Majesty, "for repairing and improving the Roads leading from "the Stones End, in Kent Street, in the Parish of Saint George Southwark, to Dartford, and other Roads "therein mentioned, in the Counties of Kent and Surrey."

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The Question was put, "Whether this Bill, with "the Amendments, fhall pafs ?"

It was refolved in the Affirmative.

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And Meffages were, feverally, fent to the House of Mellages to Commons, by the former Meffengers:

H. C. with Amendments

To return the faid Bills, and acquaint them, That to the Six the Lords have agreed to the fame, with fome Amend- preceding ments, to which their Lordships defire their Concur. Bills. rence.

7

Hodie

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Dublin Water

Bill.

Friskney Drainage Bill.

Whittlesford Enclosure Bill.

Longthorpe Enclosure Bill.

Myers takes the Oaths

in order to

his Naturali-
zation:
Bill read.

Registrars, &c. of the Court of Chancery Bill.

Hodie 2 vice lecta eft Billa, intituled, " An A&t for
"the better fupplying the City of Dublin with Water."
ORDERED, That the faid Bill be committed to the
Confideration of the Lords following:

D. Norfolk.

D. Bedford,

E. Berkeley.
E. Aboyne.
E. Macclesfield.
E. Graham.
E. Buckingham-
fhire.

E. Fitzwilliam.
E. Radnor.

E. Grofvenor.
E. Mount Edg

cumbe.

E. Liverpool. E. Clancarty. E. Lonfdale. V. Sydney.

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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.

Hodie 2a vice lecta eft Billa, intituled, "An Act for "embanking, enclofing, and draining Lands within "the Parish of Frifkney, in the County of Lincoln." ORDERED, That the faid Bill be committed to the Confideration of the Lords Committees afore-named: Their Lordships, or any Five of them, to meet on the fame Day, at the fame Place; and to adjourn as they pleafe.

Hodie 2 vice lecta eft Billa, intituled, "An Act for 2a "enclofing Lands in the Parish of Whittlesford, in the County of Cambridge."

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"in the Report Office of the faid Court; and for making "other Payments and Regulations in refpect of the faid "Offices."

ORDERED, That the faid Bill be committed to a Committee of the whole House.

ORDERED, That the House be put into a Committee upon the faid Bill To-morrow.

ORDERED, That Mr. Richard Squire and Mr. George Hemelhemp Wheeler do attend this Houfe To-morrow, to be fworn fted Charity at the Bar, in order to give Evidence before the Judges, ,Bill. to whom the Bill, intituled, "An Act for velting in "Trustees a certain Tract of Open Pafture Land called "Box Moor, in the Parish of Hemelhempfted, in the "County of Hertford, upon certain Trufts, applying the "Produce thereof; and for better fecuring the Rights "of the refpective Parties entitled to the faid Moor," ftands referred.

ORDERED, That James Johnston, Robert Fortescue, and Dublin James Small, do attend To-morrow, in order to their Bakers Bill, being examined as Witneffes before the Committee, to whom the Bill, intituled, " An Act for altering and "amending an A&t paffed in the Forty-fifth Year of His "prefent Majefty, to repeal feveral Acts paffed in the "Parliament of Ireland, for regulating the Baking Trade "in the City and County of Dublin, and Liberties "thereof; and for better regulating the faid Trade, and preventing Frauds in the buying and felling of Corn," ftands committed.

port from

The Lord Walfingham reported from the Lords Com- Borthwick mittees for Privileges, to whom was referred the Petition Peerage, Res of Archibald Borthwick, claiming the Title and Dignity Committee, of Lord Borthwick, together with His Majefty's Refe rence thereof to this House, rence thereof to this Houfe, "That the Committee had

met, and had heard Counsel on Behalf of the Claimant, "to open the Allegations of his Petition; and it being "stated by the Counsel for the faid Claimant, that the "State of Health of Lady Dowager Borthwick, Relict "of Henry the Tenth Lord Borthwick, and alledged to "be a material Witnels on Behalf of the Claimant, "and now refident in Scotland, was fuch as to make it "dangerous for her Ladyfhip to attend this House, in "order to her being examined as a Witness on the faid "Claim, the Committee had examined Witneffes touching "the fame, and had annexed their Examination to this Report, for the Confideration and Direction of the "Houfe."

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Q. State what Condition of Health fhe was in; "whether he was in a Condition to be able to be "moved, fo as to be examined as a Witnefs at the Bar of "this Houfe?

A. I can merely speak as to my own Opinion; fhe " is very old, the appeared to me very infirm, and I "fhould think would run confiderable Rifk in coming "to London.

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2. Have you fent any other Physician lately?

"A. I wrote to another to defire him to ftate the "State of her Health.

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Local Militia

Bill.

"Q. How long did you fay it was fince you faw her "laft?

ORDERED, That the faid Motion be taken into Confideration To-morrow; and that the Lords be fum

"A. Three Months; and what I have said relates to moned. "when I faw her laft."

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Q. Was you with any other Medical Perfon?

The House was moved, "That the Standing Order, Holland Fen "No. 101. refpecting the perfonal Appearance of Chapel Bill. "Trustees, appointed by any Private Bill, before the

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Committee, may be fo far difpenfed with, as that the "Committee, to whom the Bill, intituled," "An Act "for changing the Scite of Holland Fen Chapel, and for authorizing the Erection and Establishment thereof in "the Parish of Fofdyke, in the County of Lincoln, instead "of in the Parish of Algarkirke in the faid County," "stands committed, may proceed on the faid Bill, notwithstanding the faid Order should not be complied with." ORDERED, That the faid Motion be taken into Con

66

« A. Yes, with the Medical Perfon who usually fideration To-morrow; and that the Lords be fum

"attends her.

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"Q. Did you examine into the State of her Health? "A. I did.

"Q. In what State did you find her?

"A. She appeared to be very much debilitated at the "Time I faw her. She was fitting up in Bed, fupported 66 by Pillows.

Q. Is fhe a Perfon of great Age? "A. Upwards of Sixty.

"Q. According to the Judgment you formed, do ແ you think fhe is capable of travelling from Muthill to "London, for the Purpose of being examined as a Wit"nefs at the Bar of this House?

"A. I think she is not.

"Q. Would it endanger her Life?

"A. I think it would be a great Injury to her Health, "and might even endanger her Life.

"Q. Was the Medical Perfon who attended with you " in a State of Health to travel to London? "A. No, he was not.

(Q. by a Lord.) " Is there any Probability, from the "State of Lady Borthwick's Health, that she will be able "to travel to London at any future Period?

"A. I conceive, from her advanced Age, and very "weak State, that she will not be able to travel.

(Q. by Counfel.) That is the Judgment you have "formed from your profeffional Skill? "A. Yes."

Which Report, being read by the Clerk; ORDERED, That the faid Report be taken into Confideration To morrow.

The Houfe (according to Order) was adjourned dur(Scotland) ing Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend and render more effectual an Act paffed in the laft Seffion of Parliament, for en"abling His Majefty to establish a permanent Local "Militia Force in Scotland, under certain Restrictions, "for the Defence of the Realm."

Woolwich

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The House was moved, "That the Standing Order, Rectory Bill."No. 126. concerning Bills for felling Lands in one "Place, and buying Lands in another Place to be settled "in lieu thereof, may be so far difpenfed with as that "the Committee, to whom the Bill, intituled, An "Act to enable the Rector of the Parish and Parish "Church of Saint Mary, Woolwich, in the County of "Kent for the Time being, to grant Building Leafes of "the Glebe Lands belonging to the faid Rectory, and to fell the present Rectory House and Garden, and "to build a new Rectory Houfe," ftands committed, "may proceed on the faid Bill, notwithstanding the faid "Order thould not be complied with."

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except Jofeph Long Efquire, who is feized of One "Sixth Part of the Manor of Milton-upon-Stour, in the "faid Parish of Gillingham; but that it was proved, "that the faid Jofeph Long was an old Man, and very "infirm, and not capable of figning the Bill, and that "he authorized the Witnefs, who waited on him for "his Signature, to confent to the Bill on his Behalf; "and that it was alfo proved, that the Owners of the "other Five Sixths of the faid Manor had confented "and figned the Bill; and that the Committee had gone through the Bill, and directed him to report the "fame to their Lordships, with feveral Amendments." Which Report, being read by the Clerk, was agreed to by the House.

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Then the Amendments, made by the Committee to the faid Bill, were read by the Clerk, as follow; (videlicet)

"Pr. 1. L. 17. Leave out (" and ") and in the fame "Line, after ("Taunton ") infert ("John Matthews "and William Bell")

"L. 18. Leave out (" and others ")." And the faid Amendments, being read a Second Time, were agreed to by the House.

The Lord Walfingham reported from the Lords Marquis of Committees, appointed to confider of the Bill, intituled, Tweeddale's "An Act for felling the Lands and Eftate of Appine, Eftate Bill specially "fituated in the County of Argyle, and a Salmon Fish"ing, 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

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George fome time Marquis of Tweeddale, deceased; "and for investing the Money arifing by fuch Sale in the "Purchase 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 aforefaid Deed of "Entail:""That the Committee had met, and confidered "the faid Bill, and examined the Allegations thereof, "which were found to be true; and that all the Parties "thereto had confented thereto, in the Manner required

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reported.

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"Heir under the Second Subftitution of the Entail, "who is now in Poffeffion, who was proved to be "absent on His Majesty's Service; but a Copy of "the Bill was produced, figned by the Marquis, "and his Signature thereto proved: Alfo except "Lieutenant James Hay, an Heir under the Seventh "Subftitution of the Entail, who was proved to be in "the Weft Indies on His Majesty's Service: Also except "Lieutenant William Hay, an Heir under the Ninth "Substitution of the Entail, who was stated to have left "London to join his Regiment in Portugal; but his "Confent to the Bill was proved by his having figned a Copy thereof: Alfo except Dugald Macdougall, an "Heir under the Fifteenth Substitution of the Entail, "who was stated to be an Officer on board one of the Ships of the East India Company, now on her Paffage "Home: Alfo except Grant, an Infant, faid to "be an Heir under the Fifteenth Subftitution of the "Entail, and to be the Son of Lieutenant John Grant; "which faid Lieutenant John Grant was proved to be ແ at the Cape of Good Hope on His Majefty's Service; "but that Dorothy Macdougall, calling herfelf Grant, "the Mother of the faid Infant, had confented: Alfo except Sufan, Frances, Mary, Anna, Jane, and "William, the infant Children of Frank Sitwell Sitwell "Efquire, Heirs under the Eighteenth Substitution of the "Entail, whofe Mother Ann Sitwell had confented to "the Bill; but the faid Frank Sitwell Sitwell, it was "ftated, after full Enquiry made, could not be found: "And alfo except Sir Alexander Seton Baronet, an Heir "under the Twenty-third Subftitution of the Entail, "who was proved, by the last Returns received at the "Eaft India Houfe, to be in Bengal: And that the "Committee had gone through the Bill, and directed " him to report the fame to their Lordships, with several "Amendments:"

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Which Report, being read by the Clerk, was agreed to by the House.

Then the Amendments, made by the Committee to the faid Bill, being read Twice by the Clerk, were agreed to by the House.

ORDERED, That the said Bill, with the Amendments, be engroffed.

The Lord Walfingham reported from the Lords Committees, to whom the Bill, intituled, "An Act for

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"the Town of Birmingham, in the County of Warwick," was committed.

Bill.

The Lord Walfingham reported from the Lords Com- Ilfington Enclosure mittees, to whom the Bill, intituled, "An Act for en"clofing Lands in the Parish of Ilfington, in the County "of Devon," was committed: "That they had con"fidered the faid 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 fame "to the House, without any Amendment."

The Lord Walfingham made the like Report from the WarningLords Committees, to whom the Bill, intituled, "An camp Enclo "A&t for enclofing Lands in the Vill, Hamlet, or Pa- fure Bill. "rifh of Warningcamp, in the County of Suffex," was committed.

Bill.

The Lord Walfingham also made the like Report from North Creake the Lords Committees, to whom the Bill, intituled, Enclofure "An Act for enclosing Lands in the Parish of North Creake, in the County of Norfolk," was committed.

The House being informed, "That Mr. Martin at- Dillon et al. "tended, in order to deliver in Pleadings and Pro- againft O'Fallon, "ceedings in the Caufe, wherein Patrick Dillon and Pleadings "others are Appellants, and John O'Fallon is Re- proved. fpondent;"

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He was called in; and delivered the fame at the Bar, and attefted upon Oath, they were true Copies, he having examined them with the Originals in the proper Offices in Ireland.

And then he withdrew.

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enclofing Lands in the Manors of Abdon and Stoke Domini tam Spirituales quam Temporales præfentes "Saint Milborough, in the County of Salop," was com

"examined the Allegations thereof, which were found Epus. Roffen.

mitted: "That they had confidered the faid Bill, and

"to be true; that the Parties concerned had given their "Confents to the Satisfaction of the Committee; and

"that the Committee had gone through the Bill, and "made one Amendment thereto :"

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Swanfea

The Lord Walfingham reported from the Lords ComPaving Bill. mittees, to whom the Bill, intituled, " An Act for "better paving, repairing, cleanfing, lighting, and "watching the several Streets, and other public Paffages "and Places within the Town and Franchife of Swanfea, "in the County of Glamorgan, and for removing and "preventing Nuifances, Annoyances, and Obftructions "therein," was committed: "That they had considered "the faid Bill, and examined the Allegations thereof, "which were found to be true; and that the Committee

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PRAYERS.

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