House of Lords Journal Volume 24: February 1736, 1-10

February 1736, 1-10

DIE Mercurii, 4^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to the Bishop of St. Davids for his Sermon.

Ordered, That the Thanks of this House be given to the Lord Bishop of St. Davids, for the Sermon by him preached before their Lordships, at the Abbey Church, Westminster, on Friday the 30th Day of January last; and that he be desired to cause the same to be printed and published.

Philpot's Recognizance for Costs, to be estreated.

A Petition of Humphry Moor, was presented, and read; setting forth, "That, on the 3d Day of February 1734, this House, upon hearing the Appeal of Charles Philpot Gentleman, from a Decree of the Court of Chancery, did affirm the same, and order the Appellant to pay to the Petitioner Sixty Pounds for his Costs; and that the Petitioner, by Letter of Attorney, did authorize James Davis to demand and receive the Money, who duly served the Appellant with the said Order; but he refused to pay it;" and praying, "That the Recognizance entered into by the said Charles Philpott may be estreated into His Majesty's Court of Exchequer; or that the House will make such other Order for the Petitioner's Relief as shall be just."

And thereupon the said James Davis was called in; and proved upon Oath, at the Bar, the due Service of the said Order; and produced the said Letter of Attorney.

Which being read at the Table, he was directed to withdraw.

Ordered, That the said Recognizance be estreated into the said Court of Exchequer, as desired, in order for the Payment of the said Costs.

L. Viscount Middleton's Petition referred to Judges.

Upon reading the Petition of Alan Lord Viscount Middleton in the Kingdom of Ireland, Mary Lady Viscountess Middleton his Wife, the Honourable Ann Brodrick Widow and Relict of the Honourable St. John Brodrick, who was Son and Heir Apparent of Alan Lord Viscount Middleton, deceased, James Jefferyes Esquire and Ann his Wife, Alice, Mary, and Jane Brodrick, Four of the Daughters and Coheiresses of the said St. John Brodrick by the said Ann his Wife, who is Guardian to the said Alice, Mary, and Jane, the Right Honourable William Earl of Essex, the Right Honourable James Viscount Limerick in the Kingdom of Ireland, and John Eckersall, of the Parish of St. James's, Westminster, Esquire; praying Leave to bring in a Bill, for making effectual an Agreement between the said Lord Viscount and his Four Nieces; and that so much of his late Father's Personal Estate, to which he is entitled, be applied to pay off the Ten Thousand Pounds agreed to be paid to them; and for other Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Comyns and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.

Biggs' Petition referred to Judges.

Upon reading the Petition of Henry Biggs of Woodford, in the County of Wilts, Gentleman, William Swanton, of The Close of New Sarum, in the same County, Gentleman, and Thomas Kellow Clerk, Rector of Codford St. Peter, in the same County, Eldest Son and Heir of Thomas Kellow, late of Asserton, in the said County, Gentleman, deceased, on the Behalf of the Creditors of the said last abovenamed Thomas Kellow, deceased; praying Leave to bring in a Bill, for Sale of the Rectory or Impropriation of Berwick St. James, in the said County, for Payment of Debts and Incumbrances affecting the same:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Thompson; with the usual Directions, according to the Standing Orders.

Time enlarged for Offley's answering Scrope's Appeal.

Whereas, by Order of this House, of the 24th of January last, Joseph Offley Esquire was required to answer an Appeal of Gervase Scrope and his Wife, on or before Saturday the 7th Day of this Instant February:

And it being moved, "In regard the Respondents were but lately served with the said Order, that they may have further Time to answer:"

It is Ordered, That the said Respondents have a Fortnight's further Time for putting in their Answer to the said Appeal.

Ryland against Green:

The House being informed, "That Henry Parsons attended, in order to prove Copies of Papers and Proceedings, in the Cause wherein Richard Ryland is Appellant, and James Roch Green and others are Respondents:"

Pleadings proved.

He was thereupon called in; and delivered, at the Bar, the said Copies; and attested upon Oath, "That the same were true, he having examined them with the Originals, in the proper Office in Ireland."

And then he was directed to withdraw.

Delane against Delane & al.

Upon reading the Petition and Appeal of Dennis Delane Gentleman; complaining of an Order and Decree of Dismission of the Court of Chancery in Ireland, the 28th Day of February 1734, made in a Cause wherein the Appellant was Plaintiff, and Dennis Delane, Son of George Delane, and several others, were Defendants; and praying, "That the said Order and Decree may be reversed, and the Appellant relieved in such Manner as to this House shall seem meet:"

It is Ordered, That Dennis Delane above-mentioned, Richard Reily and Anne his Wife, Jane and Elizabeth Delane, Patrick Delane, Owen Lloyd, George Delane, and William Longfield, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 10th Day of March next; and that Service of this Order on the Respondents Six Clerk or Clerks in the said Court, be deemed good Service.

Brett against Sawbridge & al.

Upon reading the Petition and Appeal of Nathaniel Wilkins Brett, only Great Nephew and Heir, and also Administrator with the Will annexed, of Richard Watson, deceased; complaining of a Decree of the Court of Chancery, made the 10th Day of May last, in a Cause wherein the Appellant was Plaintiff, and Jacob Sawbridge, William Newland, Stephen Beckingham Senior, Stephen Beckingham Junior, his Son and Heir Apparent, Peter Delamotte, George Thompson, Thomas Troyte and Cæcilia his Wife, and Thomas Palmer and Elizabeth his Wife, were Defendants; and praying, "That the said Decree may be reversed:"

It is Ordered, That the said Defendants may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 18th Day of this Instant February.

Fotheringham against Turnbull.

Upon reading the Petition and Appeal of Thomas Fotheringham of Powrie Esquire; complaining of an Interlocutory of the Lords of Session in Scotland, of the 7th of February 173¾ Part of an Interlocutory of the same Lords, of the 5th of December 1734; and also of an Interlocutory of the Lord Ordinary, of the 19th of the same December, made on the Behalf of Agnes Turnbull, Thomas Alexander, and George Fotheringham, her Children, and the Guardians of the said Children; and praying, "That the same may be reversed:"

It is Ordered, That the said Agnes Turnbull and her said Children, and their said Guardians, may have a Copy of the said Appeal; and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 3d Day of March next; and that Service of this Order on the Respondents Agents before the Court of Session be deemed good Service.

Sir Wm. Gordon & al. against Ly. Newhall.

Counsel were called in, to be heard, in the Cause wherein Sir William Gordon Baronet and others are Appellants, and the Lady Newhall is Respondent.

And the Counsel for the Appellants having been fully heard, and several Proceedings in the Cause read:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned to Friday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 6^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Commissioners Greenwich Hospital, Papers delivered.

The House being informed, "That a Person attended, from the Commissioners of the Royal Hospital for Seamen at Greenwich:"

He was called in; and delivered, at the Bar, pursuant to an Act of the last Session of Parliament, for the Application of the Rents and Profits of the Estates forfeited by the Attainders of James late Earl of Derwentwater and Charles Radcliffe,

"A Report of the Proceedings of the said Commissioners."

Also, "A State of the Yearly Revenue and Expence of Greenwich Hospital."

And likewise, "An Accompt how the Money granted last Session of Parliament for Greenwich Hospital has been disposed of."

And then he withdrew.

And the Titles of the said Report, State, and Accompt, were read by the Clerk.

Writs of Error:

The Lord Hardwicke, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in, at the Table, Four Writs of Error, between the several Parties following; (videlicet,)

Truby & al. against The King:

Richard Truby and Thomas Bannister Plaintiffs, against

The King, Defendant.

Borlace & al. against Doe:

John Borlace and others Plaintiffs, against John Doe Defendant.

Sop against Moore;

Robert Sopp Plaintiff, against Humphry Moore Defendant.

and Merryweather against Moore.

Edmund Merryweather Plaintiff, against Humphry Moore Defendant.

Seaman against Scott & al.

Upon reading the Petition of Thomas Scott, William Nightingale, and Isaac Scott, Defendants in a Writ of Error brought into this House the latter End of the last Session of Parliament, wherein Lionel Seaman Esquire is Plaintiff; praying, "In regard the Plaintiff has not assigned Errors pursuant to the Standing Order of this House, that the said Writ of Error may be Non pros'd, with Costs."

Writ of Error Non pros'd.

It is Ordered, That the Defendants do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Twenty Pounds, for their Costs by reason of the Delay of the Execution of the said Judgement.

Allam to enter into Recognizance for Berkeley & al.

The House being moved, "That Edward Allam Gentleman, Agent for Henry Berkeley Esquire and others, upon their Appeal depending in this House, may be permitted to enter into a Recognizance for them, for Payment of Costs; they being absent:"

It is Ordered, That the said Edward Allam may enter into a Recognizance for the Appellants, as desired.

and Maxwell for Craik.

The like Motion and Order, for George Maxwell Esquire to enter into a Recognizance for Mary Craik, on account of her Appeal; for a Reason of the same Nature.

Sir Wm. Gordon & al. against Ly. Newhall.

After hearing Counsel, as well on Wednesday last as this Day, on the amended Petition and Appeal of Sir William Gordon Baronet, Alexander Gordon of Ardoch, Thomas Forrester, John Urquhart, Hugh Ross, William Macjustice, and James Mackenzie, Tenants in Ardoch, John Machea, Jannet Mackenzie, Hector and George Ferguesons, Tenants in Ballskelly, Alexander Barkley, and William Williamson, Tenants in Ballakelly; complaining of divers Interlocutors of the Lord Ordinary and Lords of Session in Scotland, made on the Behalf of Jean Mackenzie, Widow of the deceased John Urquhart, of Newhall; and praying, "That the same may be reversed; and that such Part of an Interlocutor of the said Lords, of the 24th of June 1732, as finds that the Pursuer had no Recourse to the House and Gardens of Ardoch; and such Part of the said Interlocutor as repones the Appellant Alexander Gordon to his Oath, as to the Point formerly by the Act referred thereto, may be reversed; and that such Part of the same Interlocutor as is not in the Appeal complained of may be affirmed; and that the Appellants may have such other Relief as to the great Wisdom of the House shall seem just:" As also upon the Answer of the said Jean Mackenzie put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the several Interlocutors, or Parts thereof, as are therein complained of, be, and are hereby, affirmed: And it is further Ordered, That the said Appellants do pay, or cause to be paid, to the said Respondent, the Sum of Forty Pounds, for her Costs in respect of the said Appeal.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, undecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.