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Q. "Did you ever mention these Facts to any Body "Linen fo marked, that I had no doubt that an impro"elfe but Mr. Curry's Clerk ?"

A. “ No, never.'

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per Intercourfe had taken place with Lord Sackville, or "fome other Perfon, during her Abfence."

The Witnefs was directed to withdraw.

The Counsel were directed to withdraw.
ORDERED, That the further Confideration and Se-

Q. "Did you never mention it to your own Huf- cond Reading of the faid Bill be put of to Thursday

"band ?"

A. "No, never.'

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Q. "Were you married at the Time you were with "Mrs. Powlett?"

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A. "Yes."

next.

ORDERED, That Mr. Thomas Gillingham and Richard Witneffes to Crewe Efquire, do attend this House on Thursday next, attend on it. in order to their being examined as Witneffes upon the further Confideration and Second Reading of the Bill,

Q." And you are quite fure you never mentioned it intituled, " An Act to diffolve the Marriage of Thomas to any body but Mr. Curry's Clerk ?”

A. "No."

Q. "Do you know a Gentleman of the Name of "Crewe?"

A. "I remember him when he used to vifit Colonel "Powlett in Southampton."

Q. "Had you ever any Talk with him about this ?" A. "No, I have never feen him fince we left South"ampton."

Q. "How did it happen that you never mentioned "this to anybody?"

A. "I never was asked, to that particular Time when "Mrs. Powlett returned from Winchester."

Q. "Were you ever defired by anybody to keep it "a Secret?"

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Q." Were you ever afked, before the Affizes at Winchefter, whether you were able to give any Evidence "about the Conduct of your Miftrefs any where with "Lord Sackville?"

A. "Yes, I was; but it was not about the Time "that she was at Winchester, but when Lord Sackville was at our Houfe."

Q." Did or did you not, when you were fo asked, "inform the Perfon putting that Question to you, that 66 you could give no Teftimony about the Conduct of your Miftrefs with Lord Sackville ?"

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A. "Yes, but I was not asked as to the Time of her "returning from Winchester, and I was unwilling to be66 tray her."

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Hodie 3 vice lecta eft Billa, intituled, " An Act for Dublin "the better supplying the City of Dublin with Water." Water Bill: The Question was put, "Whether this Bill fhall "pafs ?"

It was refolved in the Affirmative.

Hodie 3 vice lecta eft Billa, intituled, " An Act to Edenfield
3a
" continue the Term and enlarge the Powers of an A&t Road Bill:
"of the Thirty-feventh Year of His prefent Majefty, for
"amending the Road from or near Edenfield Chapel to
"the Township of Little Bolton, and for making and
"maintaining a Road from the faid Road at or near
"Booth Pits to or near Bury Bridge, in the County Pa-
❝latine of Lancaster."

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

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It was refolved in the Affirmative.

Hodie 3 vice lecta eft Billa, intituled, "An Act to Reading
"continue the Term and enlarge the Powers of Two Road Bill.
"Acts of His present Majesty, for repairing the Road
"leading from Reading, in the County of Berks, through
"Henley, in the County of Oxford, and Great Marlow
"to Hatfield, in the County of Hertford; and also the
"Road leading out of the faid Road at Marlow over
"Great Marlow Bridge, through Byfham to, or near
"the Thirty Mile Stone in the Road leading from
"Maidenhead to Reading aforefaid."

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

It was refolved in the Affirmative.

ment Bill:

Hodie 3 vice lecta eft Billa, intituled, " An Act to Temple Bar, "revive and continue the Term and Powers of certain &c. Improve"Acts, for widening and improving the Entrance into "the City of London near Temple Bar; for making a "more commodious Street at Snow Hill; and for raifing on the Credit of the Orphans Fund certain Sums "of Money for those Purposes."

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And Meffages were, feverally, fent to the Houfe of Meffages to Commons, by Mr. Stanley and Mr. Steele :

H.C. that the Lords have agreed To acquaint them, That the Lords have agreed to the to the Four preceding faid Bills, without any Amendment. Bills.

Hodie

Enclosure

Bill:

North Duffield Enclofure Bill:

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

Customs Penalties Bill.

Land Tax Commiffioners Bill.

Bermondsey Poor Bill.

Wallingford Bridge Bill.

Hodie 3 vice lecta eft Billa, intituled, " An A&t for " enclosing, and reducing to a Stint, feveral Commons "and Waste Grounds within the Township and Manor "of Austwick, in the Parish of Clapham, in the West Riding of the County of York."

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

It was refolved in the Affirmative.

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

To return the faid Bills, and acquaint them, That the Lords have agreed to the fame, with fome Amendments, to which their Lordships defire their Concurrence.

A Meffage was brought from the House of Commons, by Mr. Wharton and others :

With a Bill, intituled, " An Act for giving Jurifdic "tion to Juftices of the Peace to hear and determine "Profecutions for Penalties incurred by any Of "fence against the Laws relating to the Revenue of "Customs; and alfo requiring all Goods Customable " and not Excifeable feized by any Police or Peace Of "ficer, to be brought to the Custom House Warehouse "in London, within a certain Period;" to which they defire the Concurrence of this House.

The faid Bill was read the First Time.
ORDERED, That the faid Bill be printed.

A Meffage was brought from the Houfe of Commons, by Mr. Wharton and others:

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With a Bill, intituled, " An Act for rectifying Mif. "takes in the Names of the Commiffioners appointed by an Act of the laft Seffion of Parliament, for appointing Commiffioners for carrying into Execution an Act of this Seffion of Parliament, for granting to "His Majesty a Duty on Penfions and Offices in Eng"land, and an Act made in the Thirty-eighth Year of "His prefent Majefty, for granting an Aid to His "Majefty, by a Land Tax to be raised in Great "Britain, for the Service of the Year One thou"fand seven hundred and ninety-eight, and for appoint"ing other Commiffioners, together with thofe named "in the first mentioned Act, to put in Execution an A&t "of this Seffion of Parliament, for continuing to His

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Majesty certain Duties on Malt, Sugar, Tobacco, and "Snuff, in Great Britain, and on Penfions, Offices, and "Personal Estates in England, for the Service of the "Year One thousand eight hundred and nine; also the "faid Act made in the Thirty-eighth Year of His pre"fent Majefty; and for indemnifying fuch Perfons as "have acted as Commiffioners for executing the faid "Acts;" to which they defire the Concurrence of this House.

A Meffage was brought from the House of Commons, by Mr. Holme Sumner and others:

With a Bill, intituled, "An Act for rendering more "effectual Two Acts paffed for the better regulating "the Poor in the Parish of Saint Mary Magdalen Ber"mondfey, in the County of Surrey; for enclofing the "Church Yard thereof, and for other Purposes therein " mentioned, relating thereto;" to which they defire the Concurrence of this House.

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A Meffage was brought from the Houfe of Commons, Goring En by Mr. Symonds and others:

With a Bill, intituled, "An A&t for enclofing Goring "Common or Goring Heath, and certain Waste Lands in the Parish of Goring, in the County of Oxford;" to which they defire the Concurrence of this House.

clofure Bill.

A Meffage was brought from the House of Commons, Dumfries by Sir James Graham and others:

With a Bill, intituled, "An Act to continue and "amend several Acts for repairing Roads in the County "of Dumfries, and converting the Statute Labour with"in the faid County into Money;" to which they defire the Concurrence of this House.

The faid Five Bills were, feverally, read the First

Time.

Roads Bill

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A Meffage was brought from the Houfe of Commons, E. Graham. by Mr. Benyon and others:

With a Bill, intituled, " An Act for taking down "and rebuilding the whole or Part of a certain Bridge

4

E. Hardwicke.
E. Liverpool.

E. Fitzwilliam.

L. Bp. Rochester.

L. Walfingham.

L. Upper Offory. L. Redefdale.

L. Arden. L. Sheffield. L. Erskine.

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49 GEO. III.

Flitton, &c. Enclosure Bill.

Gateshead Church Bill.

Gateshead Enclosure Bill,

Weft Kington Enclo

fure Bill.

Leeds Im. provement Bill.

Ld. Thur

low's Eftate Bill.

E. Rosslyn. E. Limerick. E. Nelfon. E. Grey.

V. Sidmouth.

Journals of the House of Lords.

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Hodie 2 vice lecta eft Billa, intituled, "An Act to "amend and enlarge the Powers of an Act, paffed in "the Thirtieth Year of His prefent Majefty, for better fupplying the Town and Neighbourhood of Leeds, in "the County of York, with Water; and for more "effectually lighting and cleansing the Streets and other "Places within the faid Town and Neighbourhood; and "for removing and preventing Nuifances and Annoy"ances therein; and for erecting a Court House and "Prison for the Borough of Leeds; and for widening "and improving the Streets and Paffages in the faid "Town."

ORDERED, That the faid Bill be committed to the Confideration of the Lords Committees aforenamed:

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ORDERED, That the faid Bill be committed to the Confideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on
Saturday the 3d Day of June next, at the ufual
Time and Place; and to adjourn as they please.

Bill.

281

The Lord Walfingham reported from the Lords Com- Longthorpe mittees, to whom the Bill, intituled, "An A&t for Enclosure "confirming and establishing the Divifion and Inclosure "of certain Lands in the Hamlet of Longthorpe, in the "County of Northampton," 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 Confents, 66 to the Satisfaction of the Committee; and that the "Committee had gone through the Bill, and made "feveral Amendments thereto.'

low; (videlicet)
Which Amendments were read by the Clerk, as fol-

"Pr. 49. L. 2. After ("of") infert ("the Right "Honourable Alleyne Lord Saint Helens, John Lord "Henniker, the Reverend William Burflem Clerk, and "Evan Foulkes Efquire, Devifees in Truft of all the "Real Estates of"); and in the fame Line, after " ("Henry") insert (“ late ").”

And the faid Amendments, being read a Second Time, were agreed to by the House.

66

The Lord Walfingham reported from the Lords Com- Birkin Enmittees, to whom the Bill, intituled, "An Act for clofure Bi enclofing Lands in or appertaining to the Manor and "Township of Birkin, in the West Riding of the County "of Tork," was committed: "That they had confidered "the faid Bill, and examined the Allegations thereof, "which were found to be true; that the Parties con"cerned had given their Confents, to the Satisfaction "of the Committee; and that the Committee had gone through the Bill, and made feveral Amendments "thereto."

Which Amendments were read by the Clerk, as follow; (videlicet)

"Pr. 38. L. 4. After (" Act") infert ("or the faid "recited Act")

"L. ult. After ("Act") infert (" or the faid "recited A&t")." And the faid Amendments, being read a Second Time; were agreed to by the House.

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The Lord Walfingham reported from the Lords Com- Tirel Morin's mittees, to whom the Bill, intituled, "An Act for Bill. "vefting Part of the devised Eftates of John Tirel "Morin Efquire, deceased, fituate in the Counties of "Buckingham and Middlefex, in Trustees, to be fold, "for difcharging Incumbrances affecting the fame, and "for laying out the Refidue of the Monies to arise by "fuch Sale in the Purchase of other Eftates, to be fet-"tled to the fame Ufes as the Eftates intended to be "fold," was committed: "That they had confidered "the faid Bill, and examined the Allegations thereof, "which were found to be true; that the Parties con "cerned had given their Confents, to the Satisfaction"of the Committee; and that the Committee had gone "through the Bill, and made feveral Amendmen. s "thereto."

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

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

The Lord Walfingham reported from the Lords Com Woolwich mittees, to whom the Bill, intituled, "An Act to enable the Rectory Bill. "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 belong"ing to the faid Rectory, and to fell the prefent Rectory "House and Garden, and to build a new Rectory House,' 4 B

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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 Confents, to the Satisfaction of the
"Committee; and that the Committee had gone
"through the Bill, and made feveral Amendments
"thereto."

"the Chief Baron ftruck out the Words " and the faid "John Morgan and Amelia his Wife;" and he fubmits "to their Lordships, that the Diffent of the Tenant in "Tail, immediately expectant on the Death of the "Tenant for Life, is fatal to the Bill. It was stated "by one of their Lordships, that Mr. Morgan knew, if "thefe Words were ftruck out, the whole Act would Which Amendments, being read twice by the Clerk, the Right of himself and Wife were excepted. Mr. "be nugatory; nobody would purchase the Eftate if were agreed to by the House.

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

The Lord Walfingham reported from the Lords Committées appointed to confider of the Bill, intituled, "An "Act for vefting the detached Parts of the Eftates of "William Farrer Efquire, deceafed, in Trustees, for Sale, "under the Direction of the Court of Chancery, for "paying the Incumbrances affecting the fame:" "That "the Committee had met, and confidered the faid Bill, " and had directed the Evidence and Proceedings there"on, which are thereunto annexed, to be reported to "the House; and had alfo directed him to report the "Bill to their Lordfhips, with feveral Amendments."

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"Die Luna, 8° Maii 1809.

"Lord Walfingham in the Chair.
"Order of Reference read.

"Order read, referring to this Committee the Peti-
"tion of John Morgan, of Bedford Square, in the County
of Middlefex, Gentleman, and Amelia his Wife, late
"Amelia Farrer Spinfter, praying that they may be
"heard by themfelyes or Agents against Mr. Farrer's
"Eftate", and that the fame as it now ftands may not pafs
" into a Law; with Liberty to the Committee to hear
"Counfel or Agents as well for as against the Bill.

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"And Mr. Morgan ftates, That of the Eftate in "queftion this Gentleman, Mr. Farrer, is Tenant for "Life, and at his Death without Iffue, Mrs. Morgan, "if the furvives him, will become Tenant in Tail of "one undivided Third Part thereof; the felling Part "thereof may be of great Advantage to the Tenant for "Life, but it will be very difadvantageous to the Tenants "in Remainder in Tail. The Eftate may be much im"proved, and may become more beneficial, and may "tend greatly to the Advantage of the Tenants in Re"mainder in Tail. The felling any Part of it tends "only to the Advantage of the Tenant for Life. The "Incumbrances bear an Interest of £5. per Cent. Lands do not pay more than £3. 5. or £3. 10s. per Cent. "If the Money be raised on Mortgage, the Tenant in "Tail may pay it off after the Death of the Tenant for "Life, and thereby be entitled to a more beneficial Pro

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1

perty; but if Land be fold by virtue of the Bill, it
"never can be got back again.
back again. Being afked, if
"there is any Thing elfe he wishes to ftáte, fays,
"nothing further than refpecting the Tenantcy for
"Life. In Page 8 of the Bill it fays, "And that the
"Surplus or Refidue which fhall remain of the faid
"Monies, after anfwering the Purposes aforefaid, fhall,
"upon a Petition to be preferred to the faid Court

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"The Chairman informed Mr. Morgan, that was in
"Conformity to the Standing Order of the Houfe.
"Mr. Morgan further ftated, that in Page 12 the
Saving Claufe fays, "Saving always to the King's
"moft Excellent Majefty, and to His Heirs and Succef-
fors, and to all and every other Perfon and Perfons,"
"&c. "excepting the faid John Morgan and Amelia
"his Wife, and the Heirs of the Body of the faid Ame-
lia;" and that with humble Submiffion, he thinks that
“cannot be if the Party diffents; and that he believes

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60

→ Sic in Orig.

"Morgan fays, that he juft fubmits the Doubt as to "Mrs. Morgan's Right. Mr. Morgan being asked, if "he wifhes to ftate any other Circumftance, fays, he

66

thought the Rents of the Property should be stated; "he finds it is not. The Property in the Schedule is "worth to the Amount of £25,000.; and if the Debts "amount only to £12,000. as it is faid, there will be "£13,000. to lay out in Lands, but it is not stated "where fituate; he fubmits it fhould be ftated where, "and as near as can be to the other Part of the Estate. "Mr. Morgan being asked, if there is Thing else, says, "nothing.

"Mr. Domville, Agent for the Bill, fays, he has only ❝ one Observation to add to the Master's Report, which "is, that he confidered it in the Prefence of Mr. Mor

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gan, and reported, that it would be beneficial to all "Parties, including therefore Mr. Morgan, to have a "Sale rather than a Mortgage, and to fell in Fee Simple " rather than for a Term of Years. Mr. Morgan not only attended perfonally, but fubmitted feveral Things to the Master's Confideration, and the Report as it now stands was not oppofed by him before the Mafter, nor at the Hearing of the Petition to confirm it, although he attended by Counsel at the Hearing.

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"Mr. Morgan fays, he begs Mr. Domville's Pardon. "Mr. Roupell was his Counsel when this Matter of Sale "was firft propofed before the Mafter; the Mafter did

fay, it was useless for him to proceed in his Report "without Mr. and Mrs. Morgan's Confent to a Sale. "He himself should not have oppofed it, in confequence "of there having been fo much Difference in the Fa"mily; but he faid, as to Mrs. Morgan, he was fatis"fied he fhould not be able to get her Confent. Mr.

Roupell had exprefs Directions not to confent; not "only fo, but he did fay, he could not confent to any "Sale; and he told him, Mr. Morgan, that his Honour

faid, that his making an Order for Leave to apply for "an Act could not have any Effect, however the Order "was drawn up, as if his Honour had faid, "I give you "Leave to apply for an A&t for a Sale," which could "not be. He fubmits to their Lordfhips, that his "Honour could make no fuch Order.

"Mr. Domville fays, he wishes to correct one Part of "Mr. Morgan's Statement.' He never faid Mr. Morgan " did consent, but that he did not oppofe it. Mr. Rou pell certainly appeared, but did not oppofe; and that "he was prefent the whole Time himself.

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Q. Are the Tithes in Cardington alfo detached? "Q. Yes.

Q. The Two Farms at Wymington?

"A. They are also detached.

"Q. How far are they?

"A. About a Dozen Miles.

"Q. The Farm and Land at Stagsden? "A. That is detached, it is nearer Kempfton. "Q. Is the principal Estate, which is not comprized "in the Schedule to the Bill, compact?

"A. Yes, it is; it is certainly advisable to fell thofe ; "the principal Estate is in Three Parishes round the "Manfion.

"Mr. Morgan fays, there are Two Eftates, Brayfield, " and the other in Bucks, Part of Kempton is a Part of "it; with Submiffion he does not think thofe are de"tached.

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"The Witnefs is directed to withdraw. "The Parties are directed to withdraw.

"After fhort Difcuffion,

"The Parties are again called in, and informed, That "the Committee will, in Compliance with their usual "Practice, report all the Circumftances to the House; "in the mean Time they will take the Proofs, and go "through the Bill. Mr. Kitelee being asked, If there is "any Timber on the Eftate, fays, yes; and being "afked, if it is ftated in the Schedule, Mr. Domville "fays, it is not ftated in the Schedule, but it can be "added.

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"The Title of the Bill is then read and postponed. "The firft Paragraph of the Preamble is read; and "the original Will of William Farrer late of Cold Brayfield, in the County of Buckingham, Efquire, therein recited, dated 19th July 1798, brought from the Regiftry of the Prerogative Court of Canterbury by Mr. "Robert Harrison, the proper Officer, is produced and "inspected by the Lord in the Chair, and the due Exe"cution thereof by the Teftator is proved by the Depo"fitions of Robert Eyles, John White, and William Ward, "the Three fubfcribing Witneffes thereto, taken in a "Caufe in the Court of Chancery, Farrer against Higgins, which are produced and read.

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"The Second Paragraph is read, and Mr. John Bacon "Capes proves the Death of the Teftator by a Copy of "the Regifter of his Burial on the 31st January 1799, " in the faid Parish of Cold Brayfield; and Mr. Domville " fays, he died without altering his faid Will, leaving "Amelia Morgan and Ann Sturgeon his Co-heirs at Law. "It being then propofed to infert the following "Amendment:

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"Fol. 6. L. ult. ("And whereas the faid Thomas Higgins died on or about the Eighth Day of November "One thousand eight hundred and one.")

"Mr. Capes proves the faid Thomas Higgins's Death, "by a Copy of the Regifter of his Burial on the 15th "November 1801, in the Parish of Weston Underwood, "Northamptonshire.

"The faid Amendment is then agreed to.

"The rest of the Preamble is read, and Office Copies "of the Proceedings in the Court of Chancery, therein "recited, are produced and proved to be true Copies " by John Langdon, who fays, he compared them with "the Originals; videlicet,

"Decree, dated 25th July 1800.

"The Master's Report, dated 28th March 1807. "The Order, dated 29th June 1807.

"The Master's Report, dated 11th March 1809.

"And alfo, The Order, dated 15th March 1809, al"lowing the Parties to apply for an Act of Parliament, "for vesting the Fee Simple of the detached Parts of the "Eftates, in Trustees for Sale.

"The fame are severally inspected by the Lord in the "Chair.

"The Preamble is then further amended as follows: "Fol. 1. L. 2. After ("his") infert ("last "), and "in the fame Line, after (" Will") infert (" and Teftament duly executed and attested")

"Fol. 14. L. 7. After (" pay ") infert (" And where "as it appears by the faid Mafter's faid Report that the "Sum of Money, which the faid Teftator's Eftate was "not fufficient to pay, confift of the feveral Particulars "fet forth in the firft Schedule to this Act")

"The Preamble as amended is then postponed. "The firft enacting Claufe is read, and amended as " follows:

"Fol. 16. L. 1. After ("the") infert ("Second") "Fol. 17. L. 9. After ("faid ") infert (" Second.") "Sir James Graham of Portland Place, in the County "of Middlefex, Baronet, and Jacob Warner, are present, "and accept the Truft repofed in them by this Bill. In "Witness whereof, they have fubfcribed their Names "in the Book kept for that Purpose.

"The first enacting Clause, as amended, is postponed. "The rest of the enacting Clauses are, feverally, read " and postponed.

"The general Saving Clause is read and poftponed. "The Claufe allowing this Act to be given in Evi"dence is read, and amended as follows: "Fol. 35. L. 6. Leave out (" present ")

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L. 9. After ("Evidence") infert ("thereof.") "The faid Claufe, as amended, is poftponed. "Mr. Domville then produces and proves a Schedule "of the Debts, Legacies, and Incumbrances affecting. "the Eftates of Mr. Farrer, which amount to £12,340. 95. id. exclufive of the contingent Charges therein "mentioned, which amount to £3,958. 10s.

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"ORDERED, That the said Schedule be annexed to "the Bill, and stand Part thereof.

"The Schedule annexed to the Bill is read and post«poned. «The

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