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"the Advice of Counsel, fued out a Writ of Error, re-
"turnable before their Lordfhips, and on the Hearing
"thereof, the Judgment of the faid Court of Exche-
quer Chamber was affirmed; but the Question of
"Cofts not having been adverted to, and the Petitioner
not having affigned any Error in refpect thereof, was
"not made the Subject of Argument before their Lord-
"fhips: That their Lordships in affirming the Judg-
"ment of the faid Court of Exchequer Chamber, con-
"ceiving it to be a Cafe of great Hardships against the
"Petitioner did not award the Cofts of the faid Writ
"of Error against Petitioner: That the Solicitor for
"the faid Defendants (immediately on the Affirm-
"ance
ance of the Judgment of the Court of Exchequer
"Chamber by their Lordships) iffued an Execution
against the Petitioners Goods for the Amount of the
"faid Cofts fo taxed as aforefaid in the faid Court of
"Exchequer Chamber, and in the faid Court of Ex-
"chequer, previous to the iffuing the faid Writs of
"Error, amounting to Eight hundred and twenty-four
"Pounds Eight Shillings and Five Pence, which Peti-
“tioner was obliged to pay, notwithstanding he believes
"that the faid Judgment, fo far as it awarded any Cofts,
was erroneous, as the Petitioner fubmits may appear
by a fubfequent Decifion of the faid Court of Exche-
quer Chamber on the Three other Caufes, made after
"full Debate: That faid Defendants having proceeded
"and made up Three Judgments of Reverfal in the
"Three laft mentioned Caufes, reverfing the Judgment
"obtained by the Petitioner in the Court of Exchequer,
"with full Cofts, the Petitioner was advised to apply to
"the Court of Exchequer Chamber, to vary or explain
"the faid Judgments, fo far as the fame related to Cofts:
"That Petitioner caufed faid Application to be made to
"the faid Court of Exchequer Chamber in the faid
"Three Caufes, ftating the foregoing Circumftances:
"That on full Debate, and on hearing Counsel on Be-
"half of Petitioner, and of the faid Defendants, the faid
"Court of Exchequer Chamber was pleafed to order,
"that a Superfedcas fhould iffue to the Mittimus, by
"which the Record or Judgment of Reverfal of the
"Court of Exchequer Chamber was fent down to the
"faid Court of Exchequer in the Three laft Caufes, in
"order to get back the faid Record, for the Purpose of
"amending the fame, by expunging the Words "full
"Cofts," the faid Court being clearly of Opinion that
"the faid Defendants were not nor could not be entitled
"to any Cofts on the Reverfal of faid Judgments, as
by faid Order (to which the Petitioner begs Leave to
"refer) may appear: But the Petitioner fheweth, that
"the faid Court of Exchequer Chamber did not think
"itfelf competent to interfere with the Judgment pro-
"nounced in the faid Firft Caufe, inafmuch as the fame had
"been affirmed by their Lordfhips, although Petitioner
"fheweth that the faid Four Judgments, and the Caufes
"of Error affigned therein, and the Queftions of Law
therein, were in every refpect the fame, and that the
"Queftion of Cofts was not at all adverted to by Peti-
"tioner, in his Appeal to their Lordfhips, nor was Error
afligned by him thereupon: The Petitioner not having
"been then advifed, and being wholly ignorant that
"Cofts could not be awarded against a Defendant in
"Error upon the Reverfal of a Judgment, and that in
"a qui tam Action Cofts do not follow the Judgment;
"the Petitioner therefore fheweth, that he is without.
Remedy refpecting the faid Part of said Judgment fo
"affirmed by their Lordships, which awards Cofts, un-
"lefs their Lordfhips fhall pleafe to take his Cafe into
"their Confideration; and therefore praying their

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Lordships to order, that a Superfedeas may iffue to the "Mittimus by which the faid Record was remitted to "the Court of Exchequer in Ireland, and that upon the Return thereof, the faid Judgment may be amend"ed, by expunging thereout the Words "full Costs," or to make fuch other Order in the Premifes, as to "their Lordships fhall feem fit:";

46

It is ORDERED, That the faid Petition do lie on the

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To return the Bill, intituled, "An Act for altering, amending, and explaining certain Acts relative to the "Removal of and Badging the Poor, and for making "Regulations, in certain Cafes, touching the Examina"tion of Paupers as to their Settlement; and for ex"tending to all Parishes certain Rules and Orders in "Workhoufes, under an Act of the Twenty-fecond "Year of His prefent Majefty, intituled, "An Act for "the better Relief and Employment of the Poor ;" and to acquaint this Houfe, That they have agreed to their Lordships Amendments made thereto.

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

To return the Bill, intituled, "An Act for the fur-
and to acquaint this House, That they have agreed to
"ther Prevention of the Sale and Brokerage of Offices;"
their Lordships Amendments made thereto.

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

To return the Bill, intituled, "An Act to amend an
"Act made in the Thirty-third Year of His present

Majefty, for the Encouragement and Relief of "Friendly Societies ;" and to acquaint this Houfe, That they have agreed to their Lordships Amendments made thereto.

fices to prevent, Bill.

Friendly Societies Bill.

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He was called in; and delivered at the Bar, purfuant livered. to an Order of Monday the 13th of February last;

"An Account of all Receipts into the Exchequer of "Penalties, or Compofitions for Penalties, in the feveral "Branches of Revenue, from 5th January 1808, to "5th January 1809, diftinguifhing, as far as poffible, "the Duty to which each Penalty attached."

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And alfo, "An Account of the Net Produce into the Exchequer, up to the 5th January 1809, of all Du"ties impofed in 1808, in the feveral Branches of the "Revenue, videlicet, Cuftoms, Excife, Stamps, Inci"dents, and War Taxes, as well as an Estimate of the "Produce of the additional Duties, impofed in the Form "of Regulations in the Affeffed Taxes, defcribing, as "far as can be done, the Article to which the Duty "attaches."

And then he withdrew.

And the Titles thereof, being read by the Clerk;
ORDERED, That the faid Accounts do lie on the
Table.

Dominus Cancellarius declaravit præfens Parliamen- Adjourn. tum continuandum effe ufque ad et in diem Martis, vicefimum diem inftantis Junii, horâ undecimâ Aurora,

Dominis fic decernentibus.

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IE Martis, 20° Junii 1809.

DIE

Domini tam Spirituales quam Temporales præfentes

Epus. Roffen.

Goldie againft

Ofwald et al.

Ld. Clon

curry's Peti
tion claiming

to vote at
Elections of
Peers for

Ireland.

Reflon and Mather againit Harveys:

Salton to enter into

Recogniz

ance on it.

Haynes against Whitehead

et al. in Error.

Walkers againft Gibfon.

fuerunt:
Ds. Eldon, Cancel-
larius.
Comes Clancarty.

PRAYER S.

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

The Anfwer of Richard Ofwald Efquire and others, to the Appeal of Ebenezer Goldie Efquire, was this Day brought in.

Upon reading the Petition of Valentine Lord Baron Cloncurry of that Part of the United Kingdom called Ireland; fetting forth, "That he, Valentine Lord Baron "Cloncurry, is the rightful Heir and lawful Descendant "of the late Nicholas Lord Baron Cloncurry his Father, "who fat and voted as fuch in the Parliament of Ireland previous to the Union; and therefore praying, That he may be enabled to exercife the Privileges belonging "to his Rank, and in particular that of voting for the Reprefentative Peers of Ireland:"

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It is ORDERED, That the faid Petition be referred to the Lords Committees for Privileges.

Upon reading the Petition and Appeal of Robert Refton Coal Mafter at Shettleftone, and William Mather of Burnhouse, Truftees of the deceafed James Ralfton of Boghead in Lanarkshire, complaining of an Interlocutor of the Sheriff Subftitute in Scotland, of the 22d of June 1806; alfo of Three Interlocutors of the Lord Ordinary there, of the 29th of January and the 1ft of December 1807, and the 6th of February 1308; and alfo of an Interlocutor of the Lords of Seffion there, of the gift of May, and figned the 1ft of June 1809; and alfo of another Interlocutor of the faid Lords of the 15th of

June 1809; and praying, "That the fame may be

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"reverfed, varied, or altered, or that the Appellants
may have fuch other Relief in the Premifes as to this
"Houfe, in their Lordfhips great Wisdom, fhall feem
06 meet; and that Walter and James Harvey, Weavers
"in Rutherglen, may be required to anfwer the faid
Appeal :'

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Upon reading the Petition of Sir James Innes Ker Roxburghe Baronet; fetting forth, "That in the laft Seffion of Peerage, Sir "Parliament, various Deeds and Writings were pro- tion for ReJ. Ker's Peti"duced before the Lords Committees for Privileges delivery of "on the Roxburghe Peerage, from the Cuftody of the Deeds. "Petitioner's Agent: That these Deeds and Writings "have been printed by Order of the Houfe, and the "fame reinain in the Cuftody of the Clerk of the Par"liaments: That the Petitioner having now neceffary "occafion for thefe Deeds and Writings, humbly prays, That their Lordships will be pleafed to order "that the fame be delivered back to the Petitioner or "his Agents:"

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It is ORDERED, That the faid Walter and James
Harvey may have a Copy of the faid Appeal, and do
put in their Anfwer or refpective Anfwers thereunto "Houfes of Parliament."
in
Writing, on or before Tuesday the 18th Day of July
next; and Service of this Order upon the faid Ref on-
dents, or upon their known Counfel or Agents in the
Court of Seffion in Scotland, fhall be deemed good
Service.

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The Houfe was adjourned during Pleasure.
The Houfe was resumed.

Then Three of the Lords Commiffioners, being in their
and the Woolfack, the Lord Chancellor in the Middle,
Robes, and feated on a Form placed between the Throne
with the Lord Walfingham on his Right Hand, and the
Lord Redefdale on his Left, commanded the Yeoman
Ufher of the Black Rod to fignify to the Commons,
"The Lords Commiffioners defire their immediate At-
"tendance in this Houfe, to hear the Commiffion read."
Who being come, with their Speaker;
The Lord Chancellor faid;

"My Lords, and Gentlemen of the House of
"Commons,

His Majefty, not thinking fit to be perfonally pre-
"fent here at this Time, has been pleased to cause a
"Commiffion to be issued under the Great Seal, and
"thereby given His Royal Affent to divers Acts, which
"have been agreed upon by both Houses of Parliament,
"the Titles whereof are particularly mentioned; and by
"the faid Commiffion hath commanded us to declare
" and notify His Royal Affent to the faid feveral Acts, in
"the Prefence of you, the Lords and Commons, affem-
« bled for that Purpofe; which Commiffion you will
"now hear read:"

Then

Then the faid Commiflion was read by the Clerk, as follows; (videlicet)

"GEORGE R.

"GEORGE the Third, by the Grace of God, of the "United Kingdom of Great Britain and Ireland, King, "Defender of the Faith: To Our right trufty and right "well-beloved the Lords Spiritual and Temporal, and "to Our trufty and well-beloved the Knights, Citizens, "and Burgeffes, and the Commiffioners for Shires and "Burghs of the Houfe of Commons, in this prefent Parli "ament affembled, Greeting: Whereas, We have seen "and perfectly understood divers and fundry Acts agreed "and accorded on by you Our loving Subjects, the Lords

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"An

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"in the faid County of Merioneth." And albeit the "faid Acts, by you Our faid Subjects, the Lords and "Commons, in this Our prefent Parliament affembled, "are fully agreed and confented unto, yet nevertheless the "fame are not of Force and Effect in the Law, without "Our Royal Affent given and put to the said Acts: And. "forafmuch, as for divers Caufes and Confiderations, We cannot conveniently at this Time be present in Our Royal Perfon in the Higher Houfe of Our faid Parliament, being the Place accustomed to give Our Royal "Affent to fuch Acts as have been agreed upon by you our faid Subjects, the Lords and Commons, We have "therefore caufed thefe Our Letters Patent to be "made, and have figned the fame, and by the fame do give and put Our Royal Affent to the faid Acts, and to all Articles, Claufes, and Provifions therein con"tained, and have fully agreed and affented to the said Acts; Willing, that the faid Acts, and every Article, "Claufe, Sentence, and Provifion therein contained "from henceforth fhall be of the fame Strength, Force, "and Effect, as if We had been perfonally present in "the faid Higher Houfe, and had openly and publickly, "in the Prefence of you all, affented to the fame: "And We do, by thefe Prefents, declare and notify "the fame Our Royal Affent, as well to you the Lords "Spiritual and Temporal, and Commons aforefaid, as

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to all others whom it may concern: Commanding "alfo by thefe Prefents, Our right trufty and well"beloved Counsellor John Lord Eldon, Our Chancellor "of that Part of Our United Kingdom of Great Britain "and Ireland called Great Britain, to feal thefe Our "Letters Patent with Our Great Seal of Our United Kingdom of Great Britain and Ireland; and alfo commanding Our moft dear and entirely beloved Son " and most faithful Counsellor George Prince of Wales ; "Our most dear Sons and faithful Counsellors Frederick "Duke of York, William Duke of Clarence, Edward "Duke of Kent, Ernest Duke of Cumberland, Auguftus "Duke of Suffex, Adolphus Duke of Cambridge; Our "moft dear Nephew and faithful Counsellor William "Frederick Duke of Gloucester; the most Reverend "Father in God, Our right trufty and well-beloved "Counfellor Charles Archbishop of Canterbury, Primate

Spiritual and Temporal, and the Commons, in this Our "prefent Parliament affembled, and endorsed by you, as "hath been accustomed, the Titles and Names of which "Acts hereafter do particularly enfue; (that is to say) "An A&t for granting to His Majefty certain Sums of "Money out of the Confolidated Fund of Great Britain, "and for applying certain Monies therein mentioned "for the Service of the Year One thoufand eight hun"dred and nine, and for further appropriating the Sup"plies granted in this Seffion of Parliament." "Act for further augmenting the Salaries of certain of "the Judges of the Courts in Westminster Hall, and of "the Chief and Second Juftice of Chester, and Juftices "of the Great Seffions in Wales." "An Act for the "further Prevention of the Sale and Brokerage of "Offices." "An Act to explain and amend an A&t "made in the Forty-fifth Year of His prefent Majefty, "for the Encouragement of Seamen, and for the better " and more effectually manning His Majefty's Navy during the prefent War, and for the further Encouragement of Seamen, and for the better and more effectually providing for the Intereft of the Royal "Hofpital for Seamen at Greenwich, and the Royal "Hofpital for Soldiers at Chelsea; and to extend the "Provifions of the faid Act to Cafes arifing in confequence of Hoftilities commenced fince the paffing of "the faid A&t." "An Act for preventing Frauds and "Depredations committed on Merchants, Ship Owners, "and Underwriters, by Boatmen and others; and allo "for remedying certain Defects relative to the Adjust-" and Metropolitan of all England; Our faid Chancellor ment of Salvage in England, under an Act made in "the Twelfth Year of Queen Anne." "An Act to "alter and amend the Laws relating to Bankrupts.' "An Act for altering, amending and explaining certain "Acts relative to the Removal of the Poor, and for making Regulations in certain Cafes touching the "Examination of Paupers as to their Settlement, and "for extending to all Parishes certain Rules and Orders "in Workhoufes, under an Act of the Twenty-second "Year of His prefent Majefty, intituled, "An Act for "the better Relief and Employment of the Poor." "An Act to amend an Act made in the Thirty"third Year of His prefent Majefty, for the Encourage"ment and Relief of Friendly Societies." "An A&t "for more effectually fupplying with Water the In"habitants of the Towns of Manchester and Salford, in "the Parish of Manchester, in the County Palatine of Lancafter." "An Act for supplying with Water the "Inhabitants of Deptford, Greenwich, and feveral other "Parishes and Places in the Counties of Kent and "Surrey." "An Act for the better Government of the "Watermen working on the Paffage between Gofport, "Portsmouth, and Portfea, and other Places within "Portsmouth Harbour, and to and from Spithead, Saint "Helens, and other Parts within the Ile of Wight, in "the County of Southampton, and to and from certain "Places in the faid Ifland, and for regulating the Fares "of fuch Watermen." "An Act for building a Bridge "over the River Thames, from the Precinct of the "Savoy, or near thereunto, in the County of Middlesex, "to the oppofite Shore, and for making convenient "Roads and Avenues to communicate therewith, in the "County of Surrey." "An Act for making and "maintaining a Road leading from Barmouth, in the "County of Merioneth, to Traethmawr, in the County of "Caernarvon, and for building a Bridge at Traethbach,

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"of that Part of Our United Kingdom of Great Britain "and Ireland called Great Britain; Our right trufty and "right well-beloved Coufins and Counsellors John Jeffreys "Earl Camden, President of our Council; John Earl of "Weftmorland, Keeper of Our Privy Seal; Our right "trufty and right entirely beloved Coufins and Coun"fellors James Duke of Montrofe, Master of Our Horse; "William Henry Duke of Portland; Our right trusty "and entirely beloved Coufins and Counsellors James "Marquis of Salisbury, Francis Marquis of Hertford; "Our right trufty and right well-beloved Coufins and "Counsellors Heneage Earl of Aylesford, Steward of Our "Household; George Earl of Dartmouth, Chamberlain "of Our Household; George Earl of Winchilfea and

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Nottingham, Groom of our Stole; Philip Earl of "Chefterfield, Robert Earl of Buckinghamshire, William "Earl Fitzwilliam, George John Earl Spencer, John Earl "of Chatham, Henry Earl Bathurst, Henry Earl of "Carnarvon, Robert Banks Earl of Liverpool, One of "Our Principal Secretaries of State; John Earl of "Saint Vincent, Thomas Earl of Chichester; Our right "trufty and well-beloved Coufin and Counsellor Henry "Viscount Sidmouth; Our right trufty and well-beloved "Counsellors Henry Richard Lord Holland, Dudley Lord

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Harrowby, Thomas Lord Walfingham, William Wyndham "Lord Grenville, William Lord Auckland, Henry Lord

Mulgrave, John Lord Redefdale, Edward Lord Ellen"borough, Our Chief Juftice affigned to hold Pleas be"fore Us; Charles Lord Barham, and Thomas Lord "Erskine; or any Three or more of them, to declare "and notify this Our Royal Affent in Our Abfence, in "the faid Higher House, in the Prefence of you the faid "Lords and the Commons of Our Parliament, there to "be affembled for that Purpose; and the Clerk of Our "Parliaments to endorfe the faid Acts, with fuch Terms "and Words in Our Name, as is requifite, and hath

"been

"been accustomed for the fame, and alfo to enroll these "Our Letters Patent and the said Acts in the Parliament "Roll; and these Our Letters Patent fhall be to every "of them a fufficient Warrant in that Behalf: And "finally, We do declare and will, that after this Our "Royal Affent given and paffed by these Presents, and "declared and notified as is aforefaid, then and imme"diately the faid Acts fhall be taken, accepted, and "admitted good, fufficient, and perfect Acts of Parliament and Laws, to all Intents, Conftructions, and "Purposes, and to be put in due Execution accordingly; "the Continuance or Diffolution of this Our Parliament, or any other Ufe, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witnefs whereof "We have caufed thefe Our Letters to be made "Patent.

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"Witnefs Ourself at Westminster, the Twentieth "Day of June, in the Forty-ninth Year of "Our Reign.

By the King Himfelf, figned with His own "Hand.

"BATHURST and BATHURST."

Then the Lord Chancellor faid, "In Obedience to His Majefty's Commands, and by "virtue of the Commiffion which has been now read, we do declare and notify to you, the Lords Spiritual "and Temporal, and Commons, in Parliament affem"bled, That His Majefty hath given His Royal Affent "to the several Acts in the Commiffion mentioned; and "the Clerks are required to pafs the fame in the usual "Form and Words."

Then the Clerk Affiftant having received the Money Bills from the Hands of the Speaker, brought them to the Table, where the Deputy Clerk of the Crown read the Titles of thofe and the other Bills to be paffed, feve rally, as follow; (videlicet)

I. "An Act for granting to His Majesty certain Sums "of Money out of the Confolidated Fund of Great "Britain, and for applying certain Monies therein men❝tioned for the Service of the Year One thousand eight “ hundred and nine, and for further appropriating the "Supplies granted in this Seffion of Parliament."

2. "An Act for further augmenting the Salaries of "certain of the Judges of the Courts in Westminster Hall, "and of the Chief and Second Juftice of Chester, and "Juftices of the Great Seffions in Wales."

To thefe Bills the Royal Affent was pronounced, feverally, by the Clerk Affiftant, in these Words; (videlicet) "Le Roy remercie fes bons Sujets, accepté leur Bene"volence, et ainfi le veult."

"An Act for the further Prevention of the Sale 3. "and Brokerage of Offices."

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4." An Act to explain and amend an A&t made in "the Forty-fifth Year of His prefent Majefty, for the "Encouragement of Seamen, and for the better and more effectually manning His Majefty's Navy during "the present War; and for the further Encouragement "of Seamen, and for the better and more effectually " providing for the Intereft of the Royal Hofpital for "Seamen at Greenwich, and the Royal Hofpital for "Soldiers at Chelsea; and to extend the Provifions of the "faid Act to Cafes arifing in confequence of Hoftilities "commenced fince the paffing of the faid A&t."

5. "An Act for preventing Frauds and Depredations "committed on Merchants, Ship Owners, and Under"writers, by Boatmen and others; and alfo for remedy"ing certain Defects relative to the Adjustment of Sal66 vage in England, under an Act made in the Twelfth "Year of Queen Anne."

6. "An Act to alter and amend the Laws relative to "Bankrupts."

"An Act for altering, amending and explaining 7. "certain Acts relative to the Removal of the Poor, and "for making Regulations in certain Cafes touching the "Examination of Paupers as to their Settlement, and "for extending to all Parishes certain Rules and Orders "in Workhoufes, under an Act of the Twenty-fecond VOL. XLVII.

"Year of His prefent Majefty, intituled, " An Act for "the better Relief and Employment of the Poor." 8. "An Act to amend an Act made in the Thirty"third Year of His prefent Majefty for the Encourage"ment and Relief of Friendly Societies."

9. "An Act for more effectually fupplying with "Water the Inhabitants of the Towns of Manchester "and Salford, in the Parish of Manchefter, in the County "Palatine of Lancaster."

10. "An Act for fupplying with Water the Inha"bitants of Deptford, Greenwich, and feveral other Pa"rifhes and Places in the Counties of Kent and Surrey." 11. "An Act for the better Government of the "Watermen working on the Paffage between Gofport, "Portsmouth, and Portfea, and other Places within "Portsmouth Harbour, and to and from Spithead, Saint "Helens, and other Parts, within the Ife of Wight, in "the County of Southampton, and to and from certain "Places in the faid Ifland; and for regulating the Fares "of fuch Watermen."

12. "An Act for building a Bridge over the River "Thames, from the Precinct of the Savoy, or near "thereunto, in the County of Middlefex, to the oppo"fite Shore; and for making convenient Roads and "Avenues to communicate therewith, in the County "of Surrey."

13. "Án Act for making and maintaining a Road, "leading from Barmouth, in the County of Merioneth, to Traethmawr, in the County of Caernarvon; and "for building a Bridge at Traethbach, in the said County of Merioneth."

66

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To thefe Bills the Royal Affent was pronounced, feverally, by the Clerk Affiftant, in these Words; (vi delicet) "Le Roy le veult."

Then the Commons withdrew.

The House was adjourned during Pleasure.
The House was refumed.

A Meffage was brought from the Houfe of Commons, Local Militia by Sir James Graham and others :

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To return the Bill, intituled, " An Act to prevent the enlisting of Local Militia Men into the regular Milicia "of any other County or Stewartry than the County or "Stewartry to which they belong;" and to acquaint this Houfe, That they have agreed to the fame, without any Amendment."

Enliftment Bill.

Motions re

tion, the Caufe wherein John Bellenden Ker Efquire, and Caufes, The House proceeded to take into further Confidera- Roxburghe others, are Appellants, and Sir James Norcliffe Innes specting put Baronet, and James Horne, are Refpondents; and alfo off to the the Cause, wherein John Bellenden Ker Efquire and next Seflion. others are Appellants, and Brigadier General Walter Ker and Richard Hotchkis are Refpondents, which were fully heard on the 20th of May 1808; and alfo the Caufe, wherein Walter Ker and Richard Hotchkis are Appellants, and Sir James Norcliffe Innes Baronet and others, are Refpondents; alfo the Cross Cause, wherein Sir James Norcliffe Innes Ker Baronet, and James Horne are Appellants, and Brigadier General Walter Ker and others, are Refpondents; alfo the Cause, wherein Jobn Bellenden Ker Efquire and others, are Appellants, and Sir James Norcliffe Innes Baronet and others, are Refpondents; and alfo the Crofs Caufe, wherein John Bellenden Ker Efquire and others, are Appellants, and Sir James Norcliffe Innes Baronet, and others, are Refpondents, which were fully heard on the 17th of June 1808.

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Adjourn.

"the Estates conveyed by the faid Deed, in Preference

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to the Heir Male General of the Eldest or of any other "of the faid Daughters; and therefore that Sir James "Norcliffe Innes fo defcribed in the Interlocutors of the "Court of Seffion, in cafe he shall prove himself to be "the Heir Male of the Body of Lady Margaret Ker, "and that there are no Heirs Male exifting of the Bodies "of the Ladies Jean and Anna Ker, according to the "ufual Course of Proceeding in Services, is to be pre"ferred in the Competition of Brieves, refpecting the "faid Estates; and that upon fuch Proof made, the "Brieve purchased by Brigadier General Ker ought to "be difmiffed."

ORDERED, That the faid Motion be taken into Confideration, on the First Caufe Day in the next Seffion of

Parliament.

Then it was moved, "That it is premature for this "House to determine the Appeals in the Action of Re"duction, complaining of the Interlocutors which find "that the Eftates of Roxburghe were held by the late "William Duke of Roxburghe under an Entail which " contains an effectual Prohibition ageinft altering the "Order of Succeffion before the Purfuers Title and "Propinquity be established."

ORDERED, That the faid Motion be taken into Confideration, on the First Caufe Day in the next Seffion of

Parliament.

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Orders re

The Order of the Day being read for the further Roxburghe Confideration of the Caufe, wherein John Bellenden Ker Caufes, Efquire and others are Appellants, and Sir James Norfpecting. cliffe Innes Baronet and James Horne are Refpondents; and alfo the Caufe, wherein John Bellenden Ker Efquire and others are Appellants, and Brigadier General Walter Ker and Richard Hotchkis are Refpondents, which were fully heard on the 20th of May 1808; and alfo the Caufe, wherein Walter Ker and Richard Hotchkis are Appellants, and Sir James Norcliffe Innes Baroner and others are Refpondents; alfo the Crofs Caufe, wherein Sir James Norcliffe Innes Ker Baronet and James Horne are Appellants, and Brigadier General Walter Ker and others are Refpondents; alfo the Cause, wherein John Bellenden Ker Efquire and others are Appellants, and Sir James Norcliffe Innes Baronet and others are Refpondents; and alfo the Crofs Caufe, wherein John Bellenden Ker Efquire and others are Appellants, and Sir James Norcliffe Innes Baronet and others are Refpondents, which were fully heard on the 17th of June 1808:

ORDERED, That the Lords of Council and Seffion do, notwithstanding the Pendency of the Appeals in this House refpecting the Roxburghe Eftates, if they fhall fo think fit, direct the Macers to proceed according to the Interlocutor dated the 7th, and figned the 8th of July 1807, (the faid Interlocutor being underftood by this House

ORDERED, That the further Confideration of the to mean that Sir James Norcliffe Innes fo described in faid Causes be put off till To-morrow.

Dominus Cancellarius declaravit præfens Parliamentum continuandum effe ufque ad et in diem Mercurii vicefimum primum diem inftantis Junii, horâ undecimâ Aurora, Dominis fic decernentibus.

IE Mercurii, 21° Junii 1809.

D"

the Interlocutors of the Court of Seffion is to be pre-
ferred in the Competition of Brieves, if he proves, ac-
cording to the ufual Courfe of Proceedings in Services,
that he is the Heir Male of the Body of Lady Margaret
Ker, and that there are no Heirs Male of the Bodies of
Ladies Jean and Anna Ker refpectively); but that fuch
Proceedings of the Macers, and all Acts, Deeds, and
Proceedings of whatever Nature to be made, done, or
executed, by any Perfon or Perfons, or following there-
upon, fhall be, without Prejudice to any Perfon or Right,
in cafe, upon determining the Appeals, or any of them,
in any Manner relating to the Roxburghe Eftates, depend
ing in this House, fhould hereafter adjudge that the faid

Domini tam Spirituales quam Temporales præfentes Sir James Norcliffe Innes ought not to have been fo pre

Archiep. Cantuar.

Epus. Roffen.
Epus. Sarum.

fuerunt :

Dux CUMBERLAND. Ds. Walfingham.

Ds. Arden.
Ds. Sheffield.
Ds. Beauchamp.

Epus. Lich. & Cov..

Ds. Eliot.

Epus. Bath.

Wellen.

Ds. Eldon, Cancel-
larius.

Ds. Bayning.

Comes Camden,
Præfes.
Comes Weftmorland,
C.P.S.

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ferred as aforefaid, or fhall upon determining as aforesaid,
or upon any Application made to this Houfe, make any
Order, Adjudication, or Judgment, contrary to or in-
confiftent with the Effect of fuch Proceedings of the
Macers, or fuch other Acts, Deeds, or Proceedings as
aforefaid, or any of them, in any Refpect; and that all
Cofts, Charges, and Expences attending, or to be occa-
fioned by the fame, or in relation thereto, or in confe-
quence thereof, or of any of them, fhall be paid as this
Houle fhall direct, and that the Confideration thereof be
referved.

ORDERED, That this Houfe proceed, generally, upon
the faid feveral Caufes on the First Caufe Day in the
next Seffion of Parliament.

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